Legal updates and opinions
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Voting rights not afforded to post-commencement creditors
by Dr. Eric Levenstein, Director and Head of Insolvency & Business Rescue, Brandon Starr, Senior Associate, and Clio Patricios, Candidate Attorney On 7 October 2026, the [...]
The algorithm will see you now: Competition Regulators turn to AI to catch bid-riggers
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Boitumelo Khwene, Candidate Attorney For decades, the detection of cartels has been heavily reliant on a familiar [...]
Fixing the aftermarket: What the Competition Commission’s new Repair Guidelines mean
by Ahmore Burger-Smidt, Director and Head of Regulatory If your business manufactures, distributes or repairs phones, appliances, medical devices or other durable goods, this update is [...]
The Porsche that got away in business rescue
by Eric Levenstein, Director and Head of Insolvency & Business Rescue, Amy Mackechnie, Senior Associate, and Clio Patricios, Candidate Attorney A company in business rescue may [...]
Expressing Our Heritage Through Access to Justice
by Dakalo Singo, Director and Head of Pro Bono The Ties that Bind Us As South Africa commemorates Heritage Month under the theme "Celebrating Our Living [...]
What Are We Leaving Behind? The Law, Our Heritage, and the South Africa We Owe Our Children
by Naledi Motsiri, Director and Nothando Nyoni, Associate When we speak about heritage, we often think about what we have inherited. Our languages, cultures, traditions, music, [...]
When discovery meets data privacy: Navigating the tension between litigation obligations and data protection
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Armand Swart, Director Introduction The civil litigation process demands disclosure: Parties are expected to lay their cards [...]
Your customer has entered business rescue. The next move matters
by Eric Levenstein, Director and Head of Insolvency & Business Rescue, Amy Mackechnie, Senior Associate, and Clio Patricios, Candidate Attorney The notice is usually brief. Your [...]
Invisible data collection through a privacy lens
by Ahmore Burger-Smidt, Director and Head of Regulatory More than seven million pairs of Meta’s Ray-Ban smart glasses were sold worldwide in 2025. That figure alone [...]
Cybercrime across borders: Navigating Africa’s fragmented legislative landscape – Part 2
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Boitumelo Khwene, Candidate Attorney In Part one of this series, we detailed the disparity amongst the African [...]
Cybercrime across borders: Navigating Africa’s fragmented legislative landscape – Part 1
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Boitumelo Khwene, Candidate Attorney The Compliance Imperative By the time you reach the end of this sentence, [...]
The externalisation of South African Intellectual Property – Navigating exchange control rules and copyright law in cross-border computer software development
by Janine Hollesen, Director and Head of Intellectual Property, Deon Griessel, Director, and Khanyisa Tshoba, Associate 1. The Regulatory Landscape: Regulation 10(1)(c) and the Broadening of [...]
When AI becomes the incident: From rogue agents to prompt injection – Is your organisation ready to detect it, stop it and report it?
by Tebogo Sibidla, Director Artificial Intelligence (AI) is rapidly moving from answering questions to taking actions on our behalf. This emerging form of AI, often called [...]
New communications Bill proposes changes to telecoms access, pricing and spectrum rules
by Tebogo Sibidla, Director Regulatory change does not wait for a bill to become law before it starts to matter. Long before the Electronic Communications Amendment [...]
Beware of boilerplate dispute resolution clauses
by Jones Antunes, Director, and Tshegofatso Matlou, Associate Parties all too often, when negotiating agreements, agree to dispute resolution clauses without first understanding the implications of [...]
When the clock starts ticking…… Why cross-border data breach response demands more than good intentions
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Tebogo Sibidla, Director Picture this... A retailer with operations spanning southern and eastern Africa discovers on a [...]
Are raising fees similar to interest? The Supreme Court of Appeal says yes
by Doelie Lessing, Director and Head of Tax and Private Wealth, and Luke Magerman, Senior Associate In our article published in February 2025, which can be [...]
The Competition Commission’s Rural and Township Economy Project – Be well advised to sit up and listen
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Boitumelo Khwene, Candidate Attorney What the Report Is On 3 September 2026, the Competition Commission of South [...]
The Regulator is Watching: New Enforcement Signals for POPIA and PAIA Compliance
by Ahmore Burger-Smidt, Director and Head of Regulatory, Armand Swart, Director and Hlonelwa Lutuli, Associate. The Information Regulator (Regulator) has put down a marker. In a [...]
Are your employees’ wearables creating a new governance blind spot?
by Tebogo Sibidla, Director Over the past decade, organisations have invested heavily in securing workplace technology. Laptops, smartphones, cloud applications and enterprise networks are now subject [...]
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 [...]
