Latest Legal Briefs
Friends And Family May Turn To Foes – Be Careful Who You Appoint As An Executor
There are only two things in life that are inevitable, death and taxes. Taxes are debatable however death will come knocking on each and every one of our doors at some point in our life. This article is about making wise and responsible decisions prior to your death to ensure that you appoint an...
LAC confirms that conciliation is a necessary step when challenging the substantive fairness of retrenchments post-facilitation
On 10 September 2024, the Labour Appeal Court (LAC) delivered a significant judgment in the case of National Union of Metalworkers of South Africa obo Members v SAA Technical SOC Ltd. The crux of the case was the interpretation of section 189A(7)(b)(ii) of the Labour Relations Act, 1995 (LRA),...
Costly negligence: Employee ordered to pay damages for contract breach and financial harm
In a landmark ruling in Mogale and Another v National Health Laboratory Services (JS958/2019) [2024] ZALCJHB 362 (13 September 2024), the Labour Court awarded damages in favour of the National Health Laboratory Services in the amount of R22,477,891.70. This decision marks a significant victory in...
Key considerations and compliance challenges as South Africa nears implementation of groundbreaking "Failure to Prevent Corrupt Activities Offence"
Arguably one of the most far-reaching recommendations of the State Capture Commission, the introduction of a failure to prevent corruption offence, is on the cusp of being introduced in South Africa. The Judicial Matters Amendment Bill (the “Bill”) which is due to be considered by the National...
Residential Tenant, Landlord Rights Under Lockdown
In the economic turmoil caused by Covid-19 lockdown, many people have not been able to pay their residential rent. Under government lockdown regulations – which try to ameliorate this problem – where do tenants and landlords stand legally? Two main scenarios emerge in the regulations passed by...
Eric Bonnet-Maes appointed Chief Executive Officer of LexisNexis (RELX Group) for Continental Europe, Middle East and Africa
Eric Bonnet-Maes joined LexisNexis France in 2007 as Sales and Operational Marketing Director before becoming Chief Operating Officer from 2014. Since 2018, he led LexisNexis' Asia region, steering the development of Greater China, Japan, South Korea, India and Southeast Asia from Hong Kong. "I...
Labour Law Provides Few Employer Protections
South Africa’s labour laws severely restrict employers’ rights. Examples of these restrictions include: Employees appear to have the right to motivate for permission to bring an external representative (e.g. a lawyer or trade union representative) to disciplinary hearings Employers may not...
Norton Rose Fulbright SA secures High Court interdict barring Dr. John Hlophe from Judicial Services Commission
Norton Rose Fulbright South Africa, representing Corruption Watch, has successfully secured a significant High Court interdict barring Dr. John Hlophe from participating in the Judicial Services Commission (JSC). The ruling follows a challenge to the National Assembly’s appointment of Dr. Hlophe,...
Sars voluntary disclosure programme drives R3.3-billion in tax collections
The South African Revenue Service (Sars) Voluntary Disclosure Programme (VDP) is a cornerstone of Sars’ approach to encouraging taxpayer compliance while promoting transparency. Through the VDP, Sars offers taxpayers a structured pathway to disclose previously undeclared tax liabilities, thereby...
Celebrating excellence: Sabinet’s Influential Library Leader Awards at LIASA 2024
Sabinet is proud to announce the recipients of the 2024 Influential Library Leader Awards, honouring two outstanding professionals in South Africa’s library sector. This year’s awards recognise the remarkable contributions of Mokgadi Rebecca Senyolo and Winnie Mangotlo, both of whom have...
Legal Strategies for Succession Planning – Blending Family and Business
When a company shareholder passes away, several questions arise regarding the fate of their shares. Since shares represent ownership and can significantly impact the company’s future, it is essential to understand how they are treated after the shareholder’s death. Shares are assets and are thus...
Shaping Tomorrow – Women at the Forefront of Science and IP
As we celebrate World Intellectual Property Day, our focus is on the remarkable contributions of innovative South African individuals, specifically females, who are leaders in their respective fields. This year's theme, "IP and the SDGs: Building our common future with innovation and creativity,"...
The MTBPS needs to focus on easing the cost of doing business
The Minister of Finance, Enoch Godongwana, has committed himself to the task of pursuing his predecessors’ structural reform agenda and reducing red tape, the progress of which will be keenly noted in the Medium Term Budget Policy (MTBPS) on the 11th of November. Angelika Goliger, EY Africa’s...
The NHI Act: A flawed execution of a laudable idea
Robust contestation on how to best fulfil the fundamental rights of South Africans complements and strengthens our constitutional democracy. Recent debate has centred on the effective realisation of the right to access healthcare, which the state is required progressively to realise for all South...
Going nowhere fast, proposed amendments to the direct marketing regulations under the CPA published, and your comments are sought!
On October 28, 2024, the Department of Trade, Industry and Competition (dtic) published draft amendments to the regulations under the Consumer Protection Act 68 of 2008 (CPA). Comments on these amendments are invited until January 15, 2025. The proposed changes aim to revise regulations 1 and 4...
