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Do not call me I’ll call you …… South Africa’s 2026 CPA Amendment Regulations: operationalising the national opt‑out regime for direct marketing and shifting day‑to‑day anti‑spam responsibility to the National Consumer Commission
The Consumer Protection Act Amendment Regulations, 2026 deliver the long‑awaited operational framework for South Africa’s statutory opt‑out regime by establishing a National Consumer Commission ("NCC") administered [...]
Business Rescue Applications Under Scrutiny: business rescue orders are not there for the taking!
This article considers the recent decision in Trustees, Inkwazi Trust v Skema Holdings (Pty) Ltd and its implications for business rescue applications under section 131 of [...]
The AI Arms Race and what it means for Competition Law: A new era or new focus
We are not in the habit of writing breathless technology briefings. That is not our role. But the industrial reorganisation now underway around artificial intelligence is [...]
The AI Governance Stack and South Africa’s Draft National AI Policy: An Operational Gap in Search of a Framework
Author's Note I am presently reading Noah M Kenney's Governing Intelligence: Law, Privacy, Security, and Compliance,[1] and it has given me genuine cause to reflect, which [...]
Speak now or forever hold your peace. The draft AI policy has been published and parties have 60 days to comment
by Ahmore Burger-Smidt, Director and Head of Regulatory On 10 April 2026, South Africa's Department of Communications and Digital Technologies published its Draft National Artificial Intelligence [...]
Cracking Down or Catching Up? South Africa’s Approach to Crypto Regulation: Part 4 – Exchange Control Update
by Deon Griessel, Director, Armand Swart, Director, Hlonelwa Lutuli, Associate and Khanyisa Tshoba, Associate In our previous article published on 28 October 2025, we identified the [...]
Business Rescue at the Crossroads: When Creditors Draw the Line
by Dr. Eric Levenstein - Director and Head of Insolvency & Business Rescue, Amy Mackechnie, Senior Associate and Clio Patricios - Candidate Attorney In a restructuring [...]
Courts Enforcing The Right Of Access To Healthcare In Gauteng
by Helen Michael, Director, Slade van Rooyen, Associate and Vhutshilo Muambadzi, Candidate Attorney The present dire state of public healthcare in the Gauteng Province has been [...]
NCR Throws a Lifeline to Consumers Required to Pay Premiums for Mandatory Credit Life Insurance
by Dylan Cunard, Director and Brendan Olivier, Director In a much-needed victory for hard-pressed consumers, the National Credit Regulator ("NCR") has recently published a non-binding opinion [...]
The Impacts of Cross-Border Restructuring Transactions on Your South African Mining Right
by Sandile Shongwe, Senior Associate and Kyra South, Director (assisted by Gracie Sargood, Candidate Attorney) The proposed amendments to the Mineral and Petroleum Resources Development Act 28 of 2002 [...]
Global AI Governance Frameworks in a Diverging World
by Ahmore Burger-Smidt, Director and Head of Regulatory “The biggest lesson learned is we have to take the unintended consequences of any new technology along with [...]
Summary of Recently Proposed Legislative Amendments: National Minimum Wage Act and Employment Equity Act
by Andre van Heerden, Director and Mikayla Ehrenreich, Candidate Attorney Introduction On 26 February 2026, the Minister of Employment and Labour ("Minister") published, by way of the [...]
Summary of Recently Proposed Legislative Amendments: Basic Conditions of Employment Act and Unemployment Insurance Act
by Andre van Heerden, Director and Mikayla Ehrenreich, Candidate Attorney Introduction On 26 February 2026, the Minister of Employment and Labour ("Minister") published, by way of [...]
Summary of Recently Proposed Legislative Amendments: The Labour Relations Act
by Andre van Heerden, Director and Mikayla Ehrenreich, Candidate Attorney Introduction On 26 February 2026, the Minister of Employment and Labour ("Minister") published, by way of [...]
Take the Job – Not the Clients: Recent Cases Reinforce the Employer’s Right to Protect Its Turf
by Bradley Workman-Davies, Director Restraints of trade remain one of the most frequently litigated issues in South African employment law. The tension is familiar: employees are [...]
Have Cross-Border Payments for Royalties and Fees Become Less Stringently Controlled?
by Khanyisa Tshoba, Associate and reviewed by Deon Griessel, Director Towards the end of 2024, the Financial Surveillance Department of the South African Reserve Bank (FinSuv) [...]
CCTV Footage: What the Information Regulator’s Draft Code Means for Surveillance Governance
by Ahmore Burger-Smidt, Director and Head of Regulatory We are rapidly entering the age of no privacy, where everyone is open to surveillance at all times; where there [...]
Section 7C: Sars’s Draft Interpretation Note Signals Assertive Approach to Wealth Transfers
by Ernest Mazansky, Director: Werksmans Tax (Pty) Ltd and Amy Murphy, Candidate Attorney On 26 November 2025, SARS published a Draft Interpretation Note titled "Loan, advance, [...]
Supreme Court of Appeal Ruling on Foreign Trustee Recognition and Cross-Border Surplus Distribution
by Brendan Olivier, Director In a recent decision, Scheer v Wagner NO and Others, the Supreme Court of Appeal considered the key issue of the recognition [...]
South Africa’s Digital Markets Regime Has Arrived and it Lives Inside Competition Law
by Ahmore Burger-Smidt, Director and Head of Regulatory The debate about whether South Africa should regulate digital platforms is over. The Competition Commission has moved decisively [...]
When Fuel Costs Become the Inflection Point
by Eric Levenstein, Director and Head Insolvency & Business Rescue and Amy Mackechnie, Senior Associate Rising fuel prices are once again dominating economic commentary in South [...]
Generative AI and Copyright: Emerging Legal and Policy Questions for Africa’s Creative Industries
by Tebogo Sibidla, Director Generative artificial intelligence (AI) is rapidly becoming one of the most contested issues in copyright law worldwide. At the centre of this [...]
Direct-to-Device Satellite Connectivity: Regulatory Implications for Africa’s Digital Future
by Tebogo Sibidla - Director and Nothando Madondo - Associate Direct-to-device (“D2D”) satellite connectivity is emerging as one of the most consequential developments in the global [...]
Satellite Regulation in Africa: Aligning Global Frameworks with National Policy Priorities
by Tebogo Sibidla, Director In Africa, where satellite connectivity is increasingly relevant to digital infrastructure strategies, the central policy question is not simply how to enable [...]
Part 2: The “One-Shot” Pre-Merger Consultation in South Africa. Preparation, Risk, and the Question no-one is asking
by Ahmore Burger-Smidt, Director and Head of Regulatory Confidentiality and gun-jumping - the tension at the heart of the process The one-shot design of the pre-merger [...]
