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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 [...]
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 [...]
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 [...]
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, [...]
When does an acquisition by a company of its own shares constitute a scheme of arrangement?
Understanding the relationship between Section 48 and Section 114 of the Companies Act in Light of the Companies Amendment Act, No. 16 Of 2024 by Jarryd [...]
Are we seeing an end to the appointment of board members to act as CEOs of SOEs / Private Companies?
by Sandile July, Director and Head of Employment and Nonkosazana Nkosi, Director 1. The Labour Court has officially put a stop to the appointment of board [...]
Alexkor Soc Limited and Another v Carstens (JA7/24) [2025] ZALAC 28 (15 May 2025)
by Bankey Sono, Director and Neo Sewela, Senior Associate 1. Does the Labour Court have the power to declare a pre-arbitration minute invalid and set it [...]
Business Rescue Is Not a Shield from Accountability: Director and Business Rescue Practitioner Held Liable
By Eric Levenstein, Director and Head of Insolvency and Business Resue and Amy Mackechnie, Senior Associate The recent decision in PH Strydom NO v Seacrest Investment [...]
The Age of AI and Employment: Navigating Legal and Strategic Implications for Employers
by Bradley Workman-Davies, Director and Preeta Bhagattjee, Head of Technology & Innovation Artificial intelligence (AI) is no longer a speculative disruptor – it is a present [...]
Steyn V Business Connexion Group Ltd: Case Summary
by Bradley Workman-Davies, Director and Isabella Keeves, Candidate Attorney The recent judgement of Steyn v Business Connexion Group Ltd (“Steyn“) has provided fresh insight into the interpretation and [...]
Publication of Draft Mineral Resources Amendment Bill, 2025 for comment
by By Kyra South, Director and Rudi Claassen, Candidate Attorney On 20 May 2025 the Minister of Mineral and Petroleum Resources published the draft Mineral Resources Development Bill, [...]
Managers, who are members/representatives of a trade union, are still required to fulfil their contractual obligations to their employer
by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Association of Mineworkers and Construction Workers Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Ltd, the [...]
What Sedumedi v Sefako Makgatho Health Sciences University Teaches Employers About Contract Clarity
by Jacques van Wyk, Director and Mike Searle, Candidate Attorney ISSUE Can an employer terminate a fixed-term employment contract prior to its expiry for operational reasons, [...]
Hail the new King – Comments on the new draft King V Governance Code for South African Boards of Directors
by Eric Levenstein, Director and Head of the Insolvency and Business Rescue and Kaymana Han, Candidate Attorney With the release of the King V Code Draft, [...]