Legal updates and opinions
Search Author
Managers, who are members/representatives of a trade union, are still required to fulfil their contractual obligations to their employer
by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Association of Mineworkers and Construction Workers Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Ltd, the [...]
Illegal Miners: The Mine Health and Safety Obligations of Mining Right Holders for Mines No Longer “Being Worked”
by Kathleen Louw, Director, and Alexi Andropoulos, Candidate Attorney 1. The tragedy which occurred in Stilfontein earlier this year (“the Stilfontein tragedy”) has uncovered important legal [...]
Taxation of Rewards Points
by Doelie Lessing, Director and Head of Tax and Robyn Schonegevel, Associate It has become common for businesses to implement loyalty programmes in order to incentivise [...]
Competition Law: Transformation and public interest in abuse of dominance cases
with assistance from Kwanele Diniso, associate Recent developments in South African competition law have significantly elevated the role of transformative considerations and public interest objectives. The [...]
Sports Betting Opportunity: Mpumalanga Economic Regulator Invites Proposals for Bookmaker Licences
Introduction The Mpumalanga Economic Regulator has published a notice that it intends to invite proposals for Bookmaker Licences in terms of a Request For Proposals For [...]
Watt You Need to Know on the draft Electricity Transmission Infrastructure Regulations
by Jonathan Behr, Director, and Robyn Helling, Candidate Attorney The draft regulations to facilitate planning for the procurement and establishment of transmission capacity by private parties [...]
No Claim? No Problem. Rethinking Creditor Rights in Insolvency Law
A recent judgment handed down in the Johannesburg High Court in Single Destination Engineering (Pty) Ltd and Another v Van Den Heever N.O. and Others (14 [...]
The Balancing Act: The Sharing of Company Information by Exiting Shareholders with Potential Third-Party Purchasers
and Emma Reid, Candidate Attorney INTRODUCTION The default position regarding who can access a company's records and information ("company information") and the nature and extent of [...]
Court Orders Gauteng Department of Health to Provide Cancer Treatment to Patients Awaiting Care
and Slade van Rooyen - Candidate Attorney and Farah Yassin - Candidate Attorney On 27 March 2025, the Gauteng Local Division of the High Court, Johannesburg, [...]
Allegations of Ethnic Discrimination Require Evidence: the Sagan Principle
and Isabella Keeves - Candidate Attorney In 1979 science communicator and physicist Carl Sagan wrote in his book Broca's Brain that "Extraordinary claims require extraordinary evidence", [...]
The Clock Is Ticking: Labour Disputes and the Perils of Miscalculating Timeframes
The recent Labour Court decision in Nelson Mandela Bay Municipality v SAMWU obo Bukula and Others (PR174/2023) provides a sobering reminder of the importance of calculating [...]
Automatic Termination Clauses Do Not Trump the LRA: The Biyana Case
and Isabella Keeves – Candidate Attorney The CCMA’s recent decision in Biyana v National Consumer Commission (2025) 34 CCMA 7.17.2 offers a critical reminder for employers [...]
FICA: Proposed changes to Public Compliance Communication 50 and Directive 3 previously issued by the Financial Intelligence Centre
by Sandiso Dhlomo, Associate and Nhlonipho Mthembu, Candidate Attorney reviewed by Tracy Lee Janse van Rensburg On 14 March 2025, the Financial Intelligence Centre ("FIC") published [...]
Proposed R100 Billion Transformation Fund Will Have Significant Implications For Broad-Based Black Economic Empowerment (“Bbbee”) Regulation In South Africa
On 19 March 2025, the Department of Trade, Industry and Competition ("DTIC") issued a draft Transformation Fund Concept Document for public comment. The proposed Fund was [...]
Sorry Not Sorry
and Mike Searle, Candidate Attorney In the recent Labour Court decision of Standard Bank Insurance Brokers (Pty) Ltd v Dlamini & Others (JR15/24), the issue of [...]
Discrimination – it’s not unfair when its fair
In a notable judgment delivered on 6 November 2024, the Labour Appeal Court (LAC) in Passenger Rail Agency of South Africa v Hoyo ([2024] ZALAC 57) [...]
Labour Court Upholds Enforceability of Restraint of Trade Agreements
and Hannah Fowler, Candidate Attorney In the recent case of SMD Technologies (Pty) Ltd v Tavares and Another ([2024] ZALCJHB 546), the Labour Court reaffirmed the [...]
Remedies in respect of decisions made under the MPRDA: there are no quick fixes
Mineral and Petroleum Resources Development Act (MPRDA) When it comes to appealing against or reviewing administrative decisions under the Mineral and Petroleum Resources Development Act [...]
Breaking News as the Minister of Employment and Labour publishes much anticipated Sectoral Targets and accompanying Regulations
by Anastasia Vatalidis - Director, Kerry Fredericks - Director and Gracie Sargood - Candidate Attorney The Employment Equity Amendment Act No.4 of 2022 (“EEAA“) which came [...]
A Guide to The Johannesburg High Court – dedicated Insolvency Court Project
Published On: April 11th, 2025 by Eric Levenstein, Director and Head of Business Rescue & Insolvency, Amy Mackechnie, Senior Associate and Kaymana Han, Candidate Attorney INTRODUCTION [...]
Whether non-parties to a collective agreement can refer a dispute about the interpretation and application of the collective agreement?
and Pumelela Mniki, Candidate Attorney The issue of whether non-parties to a collective agreement can declare a dispute about its interpretation or application recently came up [...]
Note On The Final Nedlac Report On The Labour Law Reform Process
and Anna Tchalov, Candidate Attorney and Gracie Sargood, Candidate Attorney Following negotiations between organised business, organised labour and government, the National Economic Development and Labour Council [...]
ROFR vs ROFO: Navigating Restrictions on the Transfer of Shares in Private Companies
and Emma Reid, Candidate Attorney ABSTRACT A memorandum of incorporation ("MOI") is a company's constitutional document which, amongst other things, governs shareholder rights and [...]
Navigating Section 197 in Public Service contracts: Lessons from the King Cetshwayo District Municipality case
and Mike Searle, Candidate Attorney Introduction : ISSUE In the case of King Cetshwayo District Municipality v Water and Sanitation Services South Africa (Pty) Ltd and [...]
Copycats beware, trade mark registration prevails
In January 2025 Thatchers Cider Company succeeded before the UK Court of Appeal ("CoA") against Aldi Stores Limited, the large multi-national discount retailer. The CoA concluded [...]
