158 results found

Freedom of expression and hate speech must be considered against the background and the diversity of the population of a specific country, culture, historical background and history in general.

The Cryptography Regulations issued in terms of the Electronic Communications and Transaction Act of 2002 (ECT Act), which came into effect on 10 March 2006, have not clarified the uncertainty over whether or not users of cryptography software would also be considered cryptography providers and should be registered as such.

The Retirement Fund Reform Discussion Paper issued by the National Treasury in December 2004 elicited suggestions from a wide range of institutions and people. There were a number of excellent suggestions put forward and it is to be hoped that many of them will be incorporated into the draft Bill, which is now eagerly awaited.

The Competition Tribunal has recently considered the question of whether or not an anti-competitive merger can be saved on grounds that a firm is controlled by previously disadvantaged individuals, one of the 'public interest' grounds the tribunal is enjoined to consider in terms of Competition Act.

The Companies Amendment Bill published in South Africa in July 2005, came as a surprise to those patiently waiting for the much-anticipated overhaul of the Companies Act.

In the recent decision of Navy Two CC (the CC) v Industrial Zone Limited (Industrial), the rule barring a person who is not a legal practitioner from representing a corporate entity came under judicial scrutiny. The sole-member of a close corporation was refused audience by the High Court, resulting in an appeal to the Supreme Court of Appeal (SCA).

Recently, the South African Revenue Service (SARS) announced that it would no longer be issuing printed tax clearance certificates (TCCs). The announcement was not unexpected as SARS had...

Judge Brand, in the case of South African Forestry Co Ltd v York Timbers Ltd 2005 (3) SA 323 (SCA) stated that "… fairness and justice, like beauty, often lie in the eye of the beholder".

South Africa's Employment Services Amendment Bill is set to open for public submissions in September 2026, with a closing date expected in early November. Employers of foreign nationals face potential regulatory changes and should begin preparing their submissions immediately to meet the anticipated deadline.

South Africa's mining sector stands at a crossroads between transformation imperatives and investment realities. A recent parliamentary exchange revealed both the persistent trust deficit between government and industry and the promising signs of a more pragmatic approach to mining regulation. Can policymakers create a framework that delivers both transformation and investment before the next commodity boom passes the country by?

There has been much debate in the past about the meaning and effect of the in duplum rule. Any uncertainty has been clarified by a recent judgement of the Supreme Court of Appeal, delivered in September 2005 in the matter of Ethekwini Municipality v Verulam Medicentre (Pty) Ltd.

On 2 September 2019, the Johannesburg High Court handed down a judgment (Case Number 2104/18) in which it had to determine whether to enforce a decision of an adjudicator in circumstances where ...

An AI expert in legal technology examines her discomfort with the title and explores a concerning pattern emerging in the adoption of GenAI tools. The analysis reveals troubling disparities across race and gender lines in how legal professionals are engaging with artificial intelligence technologies.

On 1 November 2019, s8, 11, 15 and 16 of the Labour Laws Amendment Act 10 of 2018 (Act) comes into effect.

Uncertainty has recently arisen as to the future treatment of agreements between competitors following the decision of the Supreme Court of Appeal (SCA) in the matter between the American National Soda Ash Corporation (Ansac) and Botswana Ash (Pty) Ltd (Botash).

In a thought-provoking examination of transformation and merit in professional settings, Nomlayo Mabhena Mlilo explores how previously disadvantaged groups, particularly women, often perceive their achievements solely through the lens of transformation initiatives rather than recognizing their own merit. The piece challenges the notion that transformation objectives and merit are mutually exclusive, addressing the psychological impact of affirmative action policies on beneficiaries' self-perception.

This is an attempt by parties to cater to instances where the breach of a contract. i.e. non-performance, is caused by circumstances beyond the control of the parties.

Direct marketing is big business. It is frequently used by businesses as a marketing tool. Many businesses undertake research about prospective customers by accessing information...