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...
South Africa: Labour Court warns against rigid application of employment equity targets in promotion decisions
In Solidarity obo Benjamin v Department of Correctional Services and Others, the Labour Court reviewed and set aside an arbitration award dismissing an employee’s unfair labour practice claim. The dispute concerned circumstances where the Department’s selection panel had strongly recommended Ms...
Powering Africa’s industrial future: Why electrification is a key enabler
As the Africa Energy Forum returns to Cape Town from 16 to 19 June 2026 under the theme Building Africa’s Industrialised Future, it comes at a moment when the energy conversation on the continent is starting to evolve. For years, much of the focus has been on expanding access to electricity. That...
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...
Coerced retrenchment agreements jolt the tightrope
Section 189 of the Labour Relations Act (LRA) requires employers, before making any decision to retrench, to consult with the affected employees on a number of issues, the most important of which is any means of avoiding job losses. The employer’s duty to consult before retrenching lies at the...
South Africa’s evolving mineral and petroleum industries
South Africa’s mineral and petroleum industries faced significant changes in 2024 in view of the establishment of the Government of National Unity and legislative developments in these industries. In May 2024, South Africa had its seventh general election the results of which paved the way for...
Tax court sends anti-avoidance warning to taxpayers with complex artificial tax structures
In a recent Tax Court judgment involving seven interconnected corporate taxpayers, the Court upheld the South African Revenue Service’s (SARS) position that a carefully structured corporate acquisition amounted to a so-called “impermissible avoidance arrangement” under the General Anti-Avoidance...
Introducing Sabinet’s Legal Research Assistant
South African legal research is constantly evolving. Increasing volumes of information, frequent legislative amendments, and growing expectations around speed and efficiency are changing how legal professionals, researchers and librarians engage with information. At the same time, the emergence...
Bound by its own process: Contractual enforcement of disciplinary outcomes in Nkuna v Eskom Rotek Industries SOC Ltd
Introduction The relationship between contractual employment rights and statutory labour protections continues to present complex legal challenges within South African law. Although the Labour Relations Act 66 of 1995 (“the LRA”) establishes a comprehensive framework regulating dismissals and...
The hidden trade marks in business GUIs, and how to make them memorable
Digital business is the new frontier of modern entrepreneurship, and apps have become the gateway to almost every service imaginable. In a global economy driven by interconnectivity and advancing technology, start-up companies in all digital industries, particularly in FinTech, are quickly...
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...
(A)I rest my case: AI and the future of online dispute resolution
If there is one thing organisations know well, it is that disputes are expensive. The expense extends beyond legal fees, to management time, damaged relationships, and strategic distraction. A supplier dispute that should take weeks can consume months of senior attention, and for multinationals...
Franchisors Beware! The Competition Commission may come knocking soon
The franchising industry has long been a bone of contention at antitrust authorities worldwide. Franchisees often complain to competition regulators about their treatment by franchisors. However, in South Africa no such complaints have as yet resulted in finalised enforcement activity by the...
