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Back to the Future: What data protection developments were there in 2024, and what lessons should SA businesses take into 2025 and beyond?
2024 was a big year for data protection in South Africa. The Information Regulator issued various enforcement notices and published draft regulations and guidance notes. There [...]
Electric vehicle tax incentive: what electric vehicle manufacturers should know
Reviewed by Natalie Scott, Director and Head of Sustainability On 24 December 2024, Cyril Ramaphosa, the President of the Republic of South Africa, signed the [...]
Are raising fees similar to interest?
The tax court, in a reportable judgment handed down on 13 January 2025, considered whether raising fees are finance charges which are similar to interest, and [...]
National Minimum Wage Increases For 2025
With effect from 1 March 2025, the national minimum wage will be adjusted to R28.79 for each ordinary hour worked. This marks an increase of 4.39% [...]
Housing consumer rights headed in the right direction
Assisted by Alexi Andropoulos, Candidate Attorney On Monday, 27 January 2025, while global news headlines flooded with the Expropriation Bill being enacted a few days prior, [...]
Expropriation Act: Deconstructed and Demystified
President Cyril Ramaphosa signed the Expropriation Bill into law on 23 January 2025. The newly assented to Expropriation Act No. 13 of 2024 ("Expropriation Act") comes [...]
Breaking News – Supreme Court of Appeal Rules on Voting Rights of Post-Commencement Creditors in Business Rescue in Landmark Judgment
The Supreme Court of Appeal (SCA) in Mashwayi Projects (Pty) Ltd v Wescoal Mining (Pty) Ltd has delivered a significant ruling confirming that post-commencement finance (PCF) [...]
Key Updates to the Code of Good Practice on Dismissal: A Comparison of the 2025 Draft and the Original Framework
On 22 January 2025, the Department of Employment and Labour issued a draft update to the Code of Good Practice on Dismissal ("Draft Code") under [...]
Are CCMA and Bargaining Council Subpoenas Meeting Legal Standards? A Closer Look at Substantive Compliance
and Rekgopetše Pula, Candidate Attorney Since inception, the issuance of subpoenas by the Commission for Conciliation, Mediation and Arbitration and Bargaining Councils has been wanting [...]
Privacy. Who is looking after the children?
As we celebrate International Privacy Day on 28 January 2025, we are called to look inward and ask how the Protection of Personal Information Act, 2013 [...]
Can language proficiency policies be used to exclude individuals who lack the required language skills from employment?
Our Constitution recognises 12 official languages and commits to promoting their development and use. Viewed through the lens of language, the Constitution reflects South Africa's aspirations [...]
Hey POPIA, is the publication of a person’s HIV status, positive or negative?
The right to privacy and the rights of public figures came before the court in the case of Tshabalala-Msimang versus Makhanya[1]. In this case, the Sunday [...]
Error 404 – when facial recognition does not see you – a tale of how R1, R2 and R7 wages were paid for a week’s work
Since its inception, facial recognition technology has been regarded as the future for security, safety, technology and innovation.[1] Indeed, the possibilities that arise from the usage [...]
Cybersecurity Breaches vs The SABS Breach of “Standards”
Issues of maladministration and mismanagement at the South African Bureau of Standards ("SABS") have been the subject of much contestation in the recent months and consequently, [...]
No, you cannot do and say whatever you feel like! Even if you are the scorned lover or wife
The internet and digital platforms have significantly impacted privacy rights and the legal landscape. Social media, blogs, and other online forums, the cyber landscape, has left [...]
A tale of cybersecurity blame, who bears responsibility?
Who is responsible for the payment of loss arising from cyber fraud, specifically when an email correspondence is intercepted by a scammer and banking details are [...]
Further into Africa…Botswana enacts a “new” Data Protection Act. Does this spell a new dawn?
On 29 October 2024, Botswana's "new" Data Protection Act 18 of 2024 ("the new DPA") was published in the government gazette and came into effect. Prior [...]
Second Edition of FIDIC Green Book: A Solid Foundation for Small to Medium Sized Projects
and Khanyisa Tshoba - Candidate Attorney Having been involved in a number of contract negotiations relating to small to medium sized projects in the private sector, [...]
Direct marketing Guidance Note issued, but only the future will tell
On 04 December 2024, the Information Regulator ("Regulator") published the long-awaited Guidance Note on Direct Marketing ("Guidance Note") in terms of the Protection of Personal Information [...]
Tax Amendments – 2024
Introduction On 23 October 2024, when the Minister of Finance presented his Media-term Budget Policy Statement to Parliament, he also tabled various fiscal Bills. In this [...]
Employment Equity Amendment Act Commencement – Important news for employers employing more than 50 employees
The President of the Republic of South Africa has recently proclaimed that the Employment Equity Amendment Act No.4 of 2022 ("EEAA") shall come into operation on [...]
Shell shock: reversal of landmark Dutch ruling holds lessons for South African climate change litigation
- Reviewer and Slade van Rooyen - Candidate Attorney The 2021 decision of a Dutch district court in Milieudefensie v Royal Dutch Shell[1] was widely regarded [...]
A step closer to establishing the National Council on gender-based violence and femicide
After the President assented to the National Council on Gender-Based Violence and Femicide Act No. 9 of 2024 ("Act") in May 2024, the operation of the [...]
The Climate Change Act has a crucial role to play in the fight against the climate crisis in South Africa
and Mmatshepo Papo - Candidate Attorney Frequent and intense weather events and devastating effects of climate change are being experienced all over the world. According to [...]
Stretching Boundaries: Can a Trade Union Represent Employees Who Fall Outside of its Registered Scope in Employment Disputes?
and Yendiswa Sithole - Candidate Attorney The Constitutional Court ("the CC") in AFGRI Animal Feeds (A Division of PhilAfrica Foods (Pty) Ltd v National Union of [...]
