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Business Rescue – SARS Liability Arises on the Transaction, Not the Assessment – The Henque Case
By Eric Levenstein - Director and Head of Insolvency & Business Rescue, Amy Mackechnie - Senior Associate and Kaymana Han - Candidate Attorney On 12 May [...]
What Does the Domestic Violence Act Say About Gaslighting?
By Dakalo Singo (Director, Head of Pro Bono Practice) The short answer: nothing! But that is not the end of the enquiry. While gaslighting is not [...]
Understanding Domestic Violence – Why it is difficult to leave an abusive relationship
By Dakalo Singo (Director, Head of Pro Bono Practice) Introduction People in abusive relationships are often asked: "Why don't you just leave?". While this base question [...]
Blacklisting in South Africa – A Women’s Month Crash Course
By Naledi Motsiri (Director) and S'nenhlanhla Lushaba (Candidate Attorney) August, celebrated as Women’s Month in South Africa, is a time to reflect on the daily challenges [...]
Access to Justice – Standing with Women Beyond Women’s Month
By Naledi Motsiri (Director) and Nothando Nyoni (Associate) As Women's Month draws to an end, it is worth reflecting on the measures society has taken to [...]
Do shareholders need any reasons whatsoever, to remove a director from the board of a company?
Author: Brendan Olivier, Director, Insolvency & Business Rescue In the recent decision of Weir v Wiehahn Formwork Solutions (Pty) Ltd & others, the High Court was [...]
Swimming upstream – the case for assisting the struggling SME
Whilst there have been a handful of instances where we have been told, genuinely and somewhat accurately, that we've never had it so good, the unfortunate [...]
A welcome step towards legislative reform of Class Actions in South Africa
Current regulatory framework for class actions in South Africa The South African Law Commission (as it was known at the time) published a report in August [...]
Cracking Down or Catching Up? South Africa’s Approach to Crypto Regulation: Part 2 – Financial Services and FICA
Crypto assets ("crypto") exist in a unique regulatory space. Unlike traditional currency, crypto is not issued by central banks. Crypto can however be used in similar [...]
Copyright and Artificial Intelligence in South Africa: Rethinking Authorship and Originality in the Digital Age
by Janine Hollesen, Director & Head of Intellectual Property, Preeta Bhagattjee, Director & Head of Technology & Innovation, and Malique Ukena, Candidate Attorney Introduction Artificial Intelligence’s (“AI“) rapid [...]
The Consequences of Lessons not Learnt – A Cautionary POPIA Tale
by Dakalo Singo, Director & Head of Pro Bono and Ahmore Burger-Smidt, Director & Head of Regulatory “All men make mistakes, but a good man yields [...]
To Dismiss or Not to Dismiss – That is the Operational Question
by Bradley Workman-Davies, Director The recent Labour Court judgment in Inxuba Yethemba Municipality v Msweli & others underscores two important principles for both employers and commissioners at the [...]
The Clock is Ticking on Unfair Labour Practice Referrals – Labour Court Confirms They Are One-Time Events
by Bradley Workman-Davies, Director In the recent case of NEHAWU obo Makhubele & others v Ramalatso NO & others , the Labour Court reaffirmed that disputes over unfair [...]
Troubled waters and looming distress as we enter the second half of 2025
by Brendan Olivier, Director Much has been written and said about the dangers posed to South Africa’s economy, by outside factors and macro-economic influences. These dangers [...]
No! It is NOT all about consent!
by Ahmore Burger-Smidt, Director & Head of Regulatory “I believe that a guarantee of public access to government information is indispensable in the long run for [...]
When a Withdrawal Doesn’t Really Withdraw: Provisional Liquidation is not Set Aside by Withdrawal
by Walid Brown, Director and Nombulelo Bashe, Associate Introduction We were recently reprimanded by an opponent for having the temerity to insist on a final liquidation [...]
AI-Hallucinated Case Law
Appellate court to trial judge: You know these cases are made up, right? by Ahmore Burger-Smidt, Director and Head of Regulatory Research is Difficult and Time-Consuming [...]
AI and the Data Privacy Elephant in the Room
“The real problem is not whether machines think, but whether men do.” – B.F. Skinner by Ahmore Burger-Smidt, Director and Head of Regulatory Insights from the 2025 Report: AI [...]
Who let the dogs in?
Cyber epidemic, ever present in South Africa, and it would seem that the Government is realising this. by Ahmore Burger-Smidt, Director and Head of Regulatory Cyber [...]
How Strong Merits Can Save a Late Case
by Jacques van Wyk, Director and Mike Searle, Candidate Attorney In a recent Labour Appeal Court (“LAC“) judgement in Government Printing Works v Public Service Association and [...]
Does an Employer’s Right to Discipline and Dismiss its Employees Prescribe?
by Anastasia Vatalidis, Director and Anna Tchalov, Associate In Public Investment Corporation v More and others, handed down on 16 April 2025, the Labour Court was called upon to [...]
From Promise to Practice: Responsible AI in South African Healthcare
by Aphindile Govuza, Director, Boitumelo Moti, Director, Janice Geel, Associate and Malique Ukena, Candidate Attorney Artificial intelligence (“AI“) is reshaping industries worldwide, and healthcare is no [...]
Cracking Down or Catching Up? South Africa’s Approach to Crypto Regulation: Part 1 – Payments
by Armand Swart, Director, Hilah Laskov, Director and Hlonelwa Lutuli, Associate Introduction Crypto assets (“crypto“) exist in a unique regulatory space. Unlike traditional currency, crypto is [...]
Employers must timeously take steps to deal with any allegations of sexual harassment raised with them, failing which they may be held liable
by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Independent Municipal and Allied Trade Union obo S and another / Nelson Mandela Metropolitan Municipality, the [...]
Proposed Economic Opportunity Tax for Casino Operator Licensees in the Western Cape to relocate their casinos
by Wendy Rosenberg, Director and Head of Digital Media & Electronic Communications On 6 June 2025, the draft Western Cape Twentieth Gambling and Racing Amendment Bill, [...]