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When is an order of a lower court appealable to a higher court?
Until the recent decision of TWK Agriculture Holdings (Pty) Ltd v Hoogveld Boerderybeleggings (Pty) Ltd and Others[1] (TWK) it had become vogue for courts to [...]
Tax Court or the High Court? The SCA weighs in
The SCA recently handed down two judgments dealing with certain procedural aspects of dispute resolutions as provided for in the TAA. The key takeaway in [...]
The Supreme Court of Appeal steps in to protect the rights of dual-citizens
Many South Africans were unaware that, until 13 June 2023, if they acquired citizenship in another country (other than by birth) they would lose their [...]
Exploring the right to privacy
Where does the right to privacy begin? Where does it end? Consider this in the context of a recent decision of the European Court of [...]
The sword finally falls, ironically on justice itself | DoJ fine by Information Regulator
What is the price that one pays for not having antivirus software? R5 million according to the Information Regulator of South Africa (Regulator). That is [...]
The settlement agreement concluded at the ILO has not changed the new Employment Equity interventions
In 2021, a complaint was filed with the International Labour Organisation (ILO) against the South African Government in relation to the proposed employment equity interventions [...]
Time to focus! Comments called for on the Electronic Communications Amendment Bill
and Chiara Ferri, Candidate Attorney The Electronic Communications Amendment Bill, 2022 (the Bill), has been published for comment and aims to introduce an array of significant [...]
National Health Insurance: What benefit; for whom, where and how?
As has widely been reported in the media, the National Health Insurance Bill[1] or the Bill has been passed by Parliament. However, such a process [...]
The Supreme Court of Appeal steps in to protect the rights of dual-citizens
Many South Africans were unaware that, until 13 June 2023, if they acquired citizenship in another country (other than by birth) they would lose their [...]
When a séance to raise the dead is permissible… SCA makes finding on nature of discretion exercised when setting aside a winding-up order
An order setting aside a winding up order is akin to raising the dead - especially if the winding-up is far into its progression. The [...]
National Health Insurance Bill and the possible implications for private healthcare
A second iteration of the National Health Insurance Bill [B11B-2019] has been published. This follows a public commentary period before the Parliamentary Portfolio Committee on [...]
What exactly are the duties and responsibilities of the mining right holder in the retrenchment process in the mining industry?
In Association of Mineworkers & Construction Union v Buffalo Coal Dundee (pty) Ltd & another ("Buffalo Coal"), the Labour Appeal Court ("the LAC") considered the [...]
Section 11 of the Mineral and Petroleum Resources Development Act
In terms of section 11(1) of the Mineral and Petroleum Resources Development Act 28 of 2002 ("MPRDA") - "A prospecting right or mining right or an [...]
The unrealised transformative potential of preferent community mining rights
and Siphamandla Dhlamini, Candidate Attorney The Mineral and Petroleum Resources Development Act No. 28 of 2002 ("MPRDA") was enacted with the express purpose of promoting equitable [...]
Private companies and the new transparency provisions of the Companies Act
The Companies Act No 71 of 2008 ("Act") was amended on 1 April 2023 with the purpose of increasing corporate ownership transparency in accordance with international [...]
South African Chapter in The Banking Regulation Law Review | 14th Edition
The 2023 edition of the South African Chapter in The Banking Regulation Law Review | 14th Edition guide is out! Director, Natalie Scott and Janice Geel, [...]
The legal and ethical processing of healthcare information
The overall objective of the Protection of Personal Information Act No. 4 of 2013 ("POPI Act") is to promote the protection of Personal Information (defined [...]
Is the refusal of a provisional sequestration order appealable?
On 14 April 2023, the Supreme Court of Appeal ("SCA") delivered judgment in the matter of Liberty Group Limited ("Liberty") and Mohammed Shaaz Moosa ("Moosa")[1]. [...]
SARS: Misrepresenting Misrepresentation
As every taxpayer knows, SARS has extremely wide powers under the various fiscal Acts to enforce and collect tax. One of the protections given to [...]
Changes to the tax treatment of trust income awarded to foreign beneficiaries on the horizon
Currently, income that arises in a South African trust which is awarded to a foreign beneficiary during the same tax year is disregarded in the [...]
Generative AI: It’s magic but fraught with legal risks
and Hlonelwa Lutuli, Candidate Attorney The use and beneficial application of generative AI in the workplace is increasing at an exponential rate - with many businesses [...]
The correct approach to Section 138(5)(a) of the LRA: rescission or re-enrolment?
On 27 May 2023, as a direct response to Labour Appeal Court's judgement of Mohube v Commission for Conciliation, Mediation and Arbitration (JA18/2022), the CCMA revised its [...]
Hand over the tax records! Section 35 and 46 of PAIA unconstitutional
and Siyabonga Galela, Candidate Attorney On 30 May 2023, the Constitutional Court handed down its ruling in the matter of Arena Holdings (Pty) Ltd and Others [...]
Numerical Targets: No jobs will be lost!
The publication of the Employment Equity Regulations on 12 May 2023 has been the subject of much public controversy. While a vibrant contestation of ideas [...]
Certificate of need in the healthcare sector: not needed
The National Health Act or NHA[1] makes provision for a system of licensing referred to as a certificate of need or CoN. A certificate need [...]
