Legal updates and opinions
Search Author
Bafana Bafana’s World Cup qualification hanging by a thread
by Brendan Olivier, Director and Daniel Gewer, Candidate Attorney Bafana Bafana's prospects of taking to the field at next year's FIFA Mens' World Cup in North [...]
ESG, the key to sustaining the construction sector?
by Justin Duarte, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability and Jennifer Smit, Director and Head of Construction & Engineering The construction [...]
SME cashflow threats: ensuring that your security offers a protection against payment default
by Brendan Olivier, Director It's becoming all-too-common: an SME that provides goods and services on credit to a major supplier or customer, is suddenly and unexpectedly [...]
SME cashflow threats: ensuring that your contracts are worth more than the paper they are written on
by Brendan Olivier, Director When a key commercial supplier, or valued customer that is benefiting from long-standing payment terms and a line of credit, suddenly defaults [...]
The Road Ahead: The SCA Gives Green Light to Vehicle Lenders “On the Road Fees” Under the NCA – Subject to Strict Disclosure Requirements
by Armand Swart, Director In a recent judgment, the Supreme Court of Appeal ("SCA") considered if, in terms of the National Credit Act No 34 of [...]
You can’t have it both ways: Contractors who act like businesses must live with the consequences
by Bradley Workman-Davies, Director When you run your work as a business, invoice for your services, and elect to skip the obligations that come with [...]
New Code of Good Practice: Dismissal
by Anastasia Vatalidis, Director and Anna Tchalov, Associate On 4 September 2025, the new Code of Good Practice: Dismissal ("New Code") came into effect. The New Code [...]
Balancing union duties and job performance: Association of Mineworkers & Construction Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Ltd
by Jacques van Wyk, Director and Mike Searle, Candidate Attorney In the construction and engineering sectors, senior employees often juggle high-stakes operational responsibilities with union [...]
The slippery slope of financial distress
by Eric Levenstein, Director and Head of Insolvency and Business Rescue and Brendan Olivier, Director Negative economic news stories appear in the media on a [...]
Reinstatement – not always fair
by Bradley Workman-Davies, Director South Africa’s labour law often elevates reinstatement as the primary remedy for unfair dismissal, but reinstatement does not automatically serve justice. [...]
National Minimum Wage Act: What employers need to know about the 2026 review
by Andre van Heerden, Director, Bradley Workman-Davies, Director and Jacques van Wyk, Director South Africa’s National Minimum Wage Act (NMWA) has been in force since [...]
Tanzania introduces Trade Mark Rights Recordation for all imports
by Donvay Wegierski, Director and Andreya John, Candidate Attorney As of 1 December 2025, in an initiative administered by the Fair Competition Commission ("FCC"), Tanzania will [...]
Signed, sealed and settled
by Bradley Workman-Davies, Director and Isabella Keeves, Candidate Attorney Where the continuation of the employment relationship between an employer and employee breaks down, the parties may [...]
If SA wants to foster private equity, it must craft clear, consistent rules for preference shares – and then stick to them.
by Shayne Krige, Director and Head of Investment Funds First published on CityWire South Africa South Africa is grappling with a persistent budget shortfall, and National [...]
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 [...]