Legal updates and opinions
Search Author
Agonists and APIs: High Court Injects Clarity into Compounding Debate
by Neil Kirby, Director and Head of Healthcare & Life Sciences and Slade van Rooyen, Associate The practice of compounding (that is, the preparation, mixing, combining, [...]
Minority shareholders and disposals of “controlling interests”: The limits of Section 11 of the MPRDA
by Chris Stevens, Director and Head of Mining & Resources, Kyra South, Director and Sandile Shongwe, Senior Associate Given that the Draft Mineral Resources Development Bill, [...]
Constitutional subsidiarity: An important clarification
by Dakalo Singo, Director and Head of Pro Bono Constitutional subsidiarity is an important principle of South African law. While the term sounds technical, the principle [...]
Franchisors Beware! The Competition Commission may come knocking soon
by Paul Coetser, Director and Head of Competition and Kwanele Diniso, Associate The franchising industry has long been a bone of contention at antitrust authorities worldwide. [...]
Mind the Conduct: A Guide to COFI – Part 6: COFI – What Really Changes?
by Hilah Laskov, Director Introduction In this article series, we take a deep dive into the South African Conduct of Financial Institutions (COFI) Bill – a [...]
Remuneration governance under the amended Companies Act: A closer look at some of the key questions
by Kevin Trudgeon, Director and Helena Stoop, Senior Knowledge Lawyer 1. Introduction On 22 May 2026, a proclamation by President Ramaphosa enacted amendments to the Companies [...]
Does the Public Procurement Act provide for an effective dispute resolution mechanism?
by Sarah Moerane, Director and Koketso Rapoo, Senior Associate The National Treasury published the draft General Public Procurement Regulations and draft Public Procurement Tribunal Regulations ("Draft [...]
The shift in the evaluation criteria in South African public procurement
By Sarah Moerane, Director and Amogelang Magano, Senior Associate South Africa is in the midst of what could prove to be one of the most significant [...]
Mind the Conduct: A Guide to COFI – Part 5: Governance and Accountability
by Hilah Laskov, Director Introduction In this article series, we take a deep dive into the South African Conduct of Financial Institutions (COFI) Bill – a [...]
Misuse of the business rescue process – failure before it begins
by Dr. Eric Levenstein, Director and Head of Insolvency & Business Rescue and Amy Mackechnie, Senior Associate Business rescue was introduced as a mechanism to rehabilitate financially [...]
Constitutional Court clarifies rights of innocent contractors under invalid state contracts
by Sarah Moerane, Director and Kuhle Joja, Associate In Minister of Defence and Military Veterans v Zeal Health Innovations (Pty) Ltd [2026] ZACC 21, the Constitutional [...]
Untangling the mischief of section 43 of the Electronic Communications Act: A missed opportunity in the Amendment Bill
by Corlett Manaka, Director and Head of Disputes, Akhona Bilatyi, Director and Koketso Rapoo, Senior Associate On 12 March 2026, the Minister of Communications and Digital [...]
A charge by any other name would smell as sweet
by Bradley Workman-Davies, Director The Labour Appeal Court's judgment in Machi v Chep SA (Pty) Ltd and Others serves as an important reminder that workplace discipline [...]
When a misdirected email becomes a data breach: The Information Regulator issues an enforcement notice on internal and accidental security compromises
by Armand Swart, Director, Hlonelwa Lutuli, Associate and Isabella Keeves, Candidate Attorney On 22 May 2026, South Africa’s Information Regulator served an enforcement notice on the [...]
Renting out your home? The Consumer Protection Act does not apply to you says Supreme Court of Appeal
by Armand Swart, Director In the judgment of Els v Venter and Another (449/2024) [2025] ZASCA 163 (27 October 2025), the Supreme Court of Appeal ("SCA") [...]
Bullies beware: When workplace toxicity becomes a dismissible offence
by Bradley Workman-Davies, Director For many years, workplace bullying occupied an uncomfortable space in South African labour law. Employers recognised the damage it caused, employees experienced [...]
The rule of law remains paramount: Lessons from City of Tshwane Metropolitan Municipality v Summer Season Trading 63 (Pty) Ltd
by Bulelwa Mabasa, Director and Head of Land Reform and Samkelo Ntuli, Candidate Attorney The dispute in Summer Season Trading 63 (Pty) Ltd v The City [...]
Mind the Conduct: A Guide to COFI – Part 4: Principles and Conduct Requirements
by Hilah Laskov, Director Introduction In this article series, we take a deep dive into the South African Conduct of Financial Institutions (COFI) Bill - a [...]
The Concept of “Need” in South Africa’s Healthcare Framework: From Certificates of Need to National Health Insurance Accreditation
by Neil Kirby, Director and Head of Healthcare & Life Sciences and Vhutshilo Muambadzi, Candidate Attorney On 18 May 2026, the Constitutional Court ("CC") in Solidarity Trade [...]
The Chief Restructuring Officer in South Africa in 2026: A real option for the turnaround of distressed entities
by Eric Levenstein, Head of Insolvency and Business Rescue As South African companies continue to suffer from an ailing economy, and where we are seeing an [...]
Business rescue recapitalisations upheld: the legal and commercial significance of White Rivers Exploration v Polsun
by Jonathan Stockwell, Director, Amy Mackechnie, Senior Associate and Clio Patricios, Candidate Attorney The Gauteng High Court, Johannesburg, has delivered an important judgment in White Rivers [...]
Leave to Appeal Refused, but Questions Remain: The Matric Results Privacy Dispute and the Meaning of Personal Information under POPIA
by: Armand Swart, Director and Isabella Keeves, Candidate Attorney On 3 June 2026, the Gauteng High Court refused the Information Regulator's application for leave to appeal [...]
Mind the Conduct: A Guide to COFI – Part 3: Consumer Protection and Transparency
by Hilah Laskov, Director Introduction In this article series, we take a deep dive into the South African Conduct of Financial Institutions (COFI) Bill - a [...]
Cryptocurrency is money and capital for exchange-control purposes
by Azraa Sidat, Candidate Attorney, reviewed by Janice Geel, Associate and Natalie Scott, Director and Head of Sustainability 1. Introduction 1.1. This case involved Mr Mangundhla [...]
Merger condition compliance: Proposed Rule 39 amendment brings improvements to process but shifts the burden of proof to merged entities
by: Paul Cleland, Director and Kwanele Diniso, Associate Key implications of the proposed amendment to the procedure that will be followed by the Competition Commission when [...]
