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Five legal agreements every woman should understand before signing
by Naledi Motsiri, Director, and Nothando Nyoni, Associate Women's Month is an opportunity to celebrate the resilience and achievements of women. It is also a time [...]
Interviewing for survival: When competitive interviews during retrenchment are fair
by Bradley Workman-Davies, Director Employers undertaking restructuring exercises are frequently faced with a practical dilemma: where the new organisational structure contains fewer or different positions, how [...]
Reinstated today, retrenched tomorrow? The limits of redundancy as a defence to reinstatement
by Bradley Workman-Davies, Director Reinstatement has long been recognised as the primary remedy for substantively unfair dismissal under the Labour Relations Act. Yet employers frequently raise [...]
Bad process doesn’t make a good dismissal bad: LAC draws a clear line between procedure and substance
by Bradley Workman-Davies, Director South African labour law has long recognised that a dismissal can fail for one of two reasons. The employer may not have [...]
Think before you prompt: How employee use of AI can shape your organisation’s legal position before lawyers become involved
by Tebogo Sibidla, Director The legal lifecycle begins long before a dispute reaches court, or a regulator commences an investigation. It starts when employees negotiate contracts, [...]
South African exporters: Take note!
by Natalie Scott, Director & Head of Sustainability The EU’s Carbon Border Adjustment Mechanism has shifted from paperwork to payment in 2026 and South African exporters [...]
The Bogeyman that is the GAAR
by Ernest Mazansky, Director, Werksmans Tax (Proprietary) Limited Introduction The general anti-avoidance rule - or the GAAR as it is "fondly" referred to in the tax world [...]
When can you set your mind at ease? Tax and the prescription issue
by Doelie Lessing, Director and Head of Tax and Private Wealth, and Robyn Schonegevel, Associate SARS is generally prohibited from challenging income tax assessments that are [...]
What you need to know now to protect your brand in China
by Donvay Wegierski, Director Brand owners take note. Effective 2027 China will amend its Trade Mark Law. Efforts to curb trade mark hoarding are further prioritised [...]
A tale of two disaster declarations
by Naledi Motsiri, Director and Nothando Nyoni, Associate In recent years, South Africa has declared two national disasters aimed at protecting thousands of lives. One brought [...]
Substance over form: Structuring black private equity funds under the B-BBEE framework: The importance of active management
by Dylan Cunard, Director 1. Introduction 1.1. The growth of black-managed private equity ("PE") funds in South Africa is a significant development in the transformation of [...]
Making South Africa home?
by Doelie Lessing, Director and Head of Tax and Private Wealth, Luke Magerman, Senior Associate and Mike Searle, Candidate Attorney Following years of South Africans moving [...]
Trust regulation to be overhauled
by Ernest Mazansky, Director, Werksmans Tax (Proprietary) Limited Introduction On 7 August 2026 a draft Bill, the Regulation of Trusts Bill, 2026 (the Bill) was published for comment. [...]
South Africa’s crypto crackdown: Draft Manual brings cross-border crypto asset transactions under exchange control
by Natalie Scott, Director and Head of Sustainability The South African Reserve Bank ("SARB") and National Treasury published the draft Crypto Asset Manual for Cross-Border Activities [...]
Transnet N1 Culemborg Eviction
By Brendan Olivier, Director and Kristen Elliott, Senior Associate The Western Cape High Court has ordered the eviction of over 160 illegal occupiers from Transnet-owned land [...]
A brief overview of the Small Claims Court (2026 update)
by Dakalo Singo, Director and Head of Pro Bono What is the Small Claims Court? The Small Claims Court ("SCC") is a court that was established [...]
Success of the South African Business Rescue Process – Positive news for the restructuring of distressed companies
by Dr. Eric Levenstein, Director and Head of Insolvency & Business Rescue Dr Eric Levenstein unpacks the legal significance of recent successes in the business rescue space [...]
South Africa’s private equity market finally has a liquidity market: The growing market for secondaries
by Dylan Cunard, Director 1. Introduction 1.1. For much of the past two decades, the conversation in South Africa’s private equity ("PE") market has centred on [...]
Will secondaries solve liquidity issues in South Africa’s private equity market?
by Dylan Cunard, Director A multi-billion dollar revolution in global private capital could arrive in South Africa. South Africa’s private equity industry has long had a [...]
Procedural certainty in business rescue: Competing commencement processes
by Eric Levenstein, Director and Head of Insolvency & Business Rescue, Brandon Starr, Senior Associate and Clio Patricios, Candidate Attorney Business rescue has become a cornerstone [...]
When silence becomes complicity: Constructive dismissal, workplace bullying and the cost of doing nothing
by Bradley Workman-Davies, Director Constructive dismissal remains one of the more difficult claims to prove in South African labour law. Employees must do far more than [...]
Nxele v Chairperson of the Disciplinary Hearing: Mudau NO and others, [2026] 6 BLLR 628 (LC): Clarifying the operation of section 188A(11) of the Labour Relations Act 66 of 1995
by Bankey Sono, Director and Sandile Mogweng, Candidate Attorney The Labour Court in Nxele v Chairperson of the Disciplinary Hearing: Mudau NO and others considered yet [...]
No grout about it: The LAC cements section 197 principles
by Bradley Workman-Davies, Director Section 197 of the Labour Relations Act has long been one of the most misunderstood and misapplied provisions in South African labour [...]
Making sense of death: A brief overview of inquest proceedings
by Dakalo Singo, Director and Head of Pro Bono By its very nature, death is tragic. The death of a loved one evokes deep feelings of [...]
Is cryptocurrency ‘capital’? Taking the Mangundhla judgment under the loop
by Deon Griessel, Director 1. Introduction Two Gauteng Division judgements have reached diametrically opposite conclusions on the question as to whether cryptocurrency constitutes "capital" for the [...]
