Legal updates and opinions
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The union doth protest too much: NUMSA v BMW and the limits of court intervention in disciplinary proceedings
by Bradley Workman-Davies, Director The Labour Court’s judgment in NUMSA on behalf of Members v BMW (SA) (Pty) Ltd is a timely reaffirmation of an [...]
Evaluating the public interest effects of a merger: The Competition Appeal Court charts the course
by Paul Coetser, Director and Head of Competition and Kwanele Diniso, Associate When evaluating a merger, the Competition Act 89 of 1998 ("the Act") mandates that [...]
What makes the “Best” mobile network? A South African perspective
by Ahmore Burger-Smidt, Director and Head of Regulatory Choosing the “best” mobile network depends on multiple factors. In practice, it is rarely defined by a single [...]
South African Competition Commission’s Draft Guidelines on Minority Shareholder Protections: what businesses need to know
by Ahmore Burger-Smidt, Director and Head of Regulatory The Competition Commission has published Draft Guidelines on Minority Shareholder Protections for public comment in December 2025. The [...]
COMESA publishes important new Competition Regulations
by Paul Coetser, Director and Head of Competition and Raisah Mahomed, Associate The Common Market for Eastern and Southern Africa (COMESA) has recently issued far‑reaching new [...]
Supreme Court of Appeal clarifies boundaries between casino and bookmaker licences in the Gauteng province
by Wendy Rosenberg - Director, Tebogo Sibidla - Director and Nothando Madondo - Associate In recent years, the number of online bookmakers offering fixed odds bets [...]
Financial sector evolution: a snapshot of what’s to come
by Natalie Scott - Director and Justin Duarte - Candidate Attorney The horizon of the financial sector is one coloured by significant regulatory reform. Extensive reviews [...]
Delivering notices to shareholders: it’s time for companies to consider more efficient and cheaper methods
Download Article by Brendan Olivier - Director Company secretaries and corporate legal advisors will know the difficulties, time and costs involved, when engaging in the [...]
Cracking Down or Catching Up? South Africa’s Approach to Crypto Regulation: Part 3 – Exchange Control
by Armand Swart - Director - Deon Griessel, Hilah Laskov - Director and Hlonelwa Lutuli - Associate Introduction Crypto assets ("crypto") exist in a unique regulatory [...]
Defamation in Labour Law – Manqele V Baloyi Masango Inc Attorneys and Others (896/2023) [2025] Zampmbhc 75 (12 August 2025)
by Bankey Sono, Director and Neo Sewela, Senior Associate It is not unusual for employers to appoint a law firm to conduct investigations into allegations of [...]
Voluntary liquidations: A cost effective and efficient method of conducting a corporate clean-up, and for ending the existence of dormant companies
by Brendan Olivier Quite understandably, the word 'liquidation' can send shivers down the spine, and cause a company director to run for cover. The negative connotation [...]
Substance dependence in the workplace- misconduct or incapacity?
by Bradley Workman-Davies - Director, Nasheetah Smith - Senior Associate & Isabella Keeves - Candidate Attorney One of the challenges faced by most employers today is [...]
Cutting the baby in half – when equality meets reality: Paid maternity leave after Van Wyk v Minister of Employment and Labour
by Bradley Workman-Davies, Director and Kerry Fredericks, Director The Constitutional Court's recent judgment in Van Wyk and Others v Minister of Employment and Labour and Others [...]
SME cashflow threats: when liquidation strikes a supplier or customer
by Brendan Olivier An SME that permits its customers and suppliers to trade with it on credit terms, does so in the hope that deferred payment [...]
Global developments in gambling, betting and e-sports regulation: Lessons for South Africa
by Tebogo Sibidla, Director Like many other sectors of the economy that rely on technology, online gambling, gaming and betting have grown much faster than lawmakers [...]
There’s a new merger sheriff on the continent: Navigating the East African Community’s pending merger notification regime
by Pieter Steyn - Director and Raisah O Mahomed - Associate On 1 July 2025 the East African Community Competition Authority ("EACCA") published a notice ("Notice") [...]
Employers’ beware: not every positive test warrants a dismissal, even where a zero tolerance policy is in place
by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney When it comes to workplace policies on alcohol and drugs, some employers adopt a zero-tolerance stance. [...]
Are all parents created equal: The Constitutional Court confirms the invalidity of legislation relating to forms of parental leave
by Kerry Fredericks - Director, Thembelihle Tshabalala - Associate and Gracie Sargood - Candidate Attorney In the recent highly anticipated Constitutional Court judgment of Van [...]
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 [...]
