Legal updates and opinions
Search Author
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
In the judgment of Els v Venter and Another (449/2024) [2025] ZASCA 163 (27 October 2025), the Supreme Court of Appeal ("SCA") clarified the application of [...]
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 [...]
Mind the Conduct: A Guide to COFI – Part 2: Licensing
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 [...]
How the Competition Commission’s ESOP impact study may shape future mergers
by: Paul Coetser, Director and Head of Competition and Raisah Mahomed, Associate South African companies often introduce Employee Share Ownership Plans ("ESOPs") for a variety of [...]
Mind the Conduct: A Guide to COFI – Part 1: Purpose and Application
by Hilah Laskov, Director In this article series, we take a deep dive into the South African Conduct of Financial Institutions (COFI) Bill — a major [...]
Your customer consented to direct marketing – but can you still contact them after they have registered on the National Opt-Out Registry?
by Tebogo Sibidla, Director Many businesses assume that once a customer has consented to direct marketing, they may continue contacting that customer unless the consent is [...]
Employers have rights too: Rebalancing the modern workplace
by Bradley Workman-Davies, Director South African labour law is often discussed through the lens of employee protection. That is unsurprising. The Labour Relations Act, the Basic [...]
From policy direction to regulation: Is South Africa finally achieving rapid deployment?
by Corlett Manaka, Director and Head of Disputes, Akhona Bilatyi, Director and Kuhle Joja, Associate In September 2024, we published an article examining whether Government was [...]
South Africa: Merger Notification Thresholds and Filing Fees Increase from 1 May 2026
by Ahmore Burger-Smidt, Director and Head of Regulatory and Raisah O Mahomed, Associate South Africa's Minister of Trade, Industry and Competition has, in a notice, published [...]
“Corporate Death by Winding-Up”: Pretoria High Court Reaffirms the Badenhorst Principle
by Eric Levenstein, Director and Head Insolvency & Business Rescue, Amy Mackechnie, Senior Associate and Clio Patricios, Candidate Attorney A recent judgment handed down by Nyathi [...]
South Africa’s Information Regulator: What the 2025/26 Annual Performance Plan means for Business (as presented to the Portfolio Committee on 5 May 2026
by Ahmore Burger-Smidt, Director and Head of Regulatory “It is only the inner sanctum of a person, such as his/her family life, sexual preference and home [...]
Urgency misconceived: A cautionary note on process, principle and professional responsibility
by Bradley Workman-Davies, Director The decision in Wheatley v Commission for Conciliation, Mediation & Arbitration & others (2026) 47 ILJ 997 (LC) provides a pointed reminder [...]
