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: The Constitutional Court provides legal certainty on the reviewability of commercial decisions by private entities
In its recent judgment in Famous Idea Trading 4 (Pty) Ltd t/a Dely Road Courier Pharmacy v Government Employees Medical Scheme 2026 (4) BCLR 291 (CC), the Constitutional Court confirmed the stringent conditions that apply to review applications in respect of commercial decisions of private...
What the new COFI Bill means for pension funds
The COFI Bill proposes a single, comprehensive framework for regulating the market conduct of all financial institutions in South Africa, including banks, insurers and retirement funds. Its central aim is to ensure that financial institutions treat customers fairly, operate transparently and are...
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...
It can be unlawful to fire illegal strikers
Chapter 4 of the LRA read together with item 6 of Schedule 8 of the LRA effectively allows employers to dismiss employees who have embarked on an unprotected strike. For example, where employees fail, prior to embarking on a strike to follow the LRA’s pre-strike procedures, the employer may be...
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...
SARS hits former tax residents with surprise tax bills
South African expatriates who have previously ceased their South African tax residency are often caught off guard by unexpected additional assessments raised by the South African Revenue Service (SARS). This is becoming increasingly common, as many taxpayers are unaware that changing their tax...
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...
Is your business actually investable? What every South African entrepreneur needs to know before approaching investors or banks
You have a great idea. Maybe you have already started. You have customers, a plan, maybe even a few months of revenue. Now you want funding — a loan, an investor, a partner with capital. And here is where many South African entrepreneurs hit a wall they did not see coming. The bank says no. The...
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...
AI, intellectual property and governance: Why the real conversation belongs in the boardroom
Artificial intelligence (AI) is no longer something financial institutions are preparing for. It is already embedded in how decisions are made, how products are designed and how risk is managed. Whether through fraud detection, algorithmic trading, customer engagement or compliance monitoring, AI...
Merger condition compliance: Proposed Rule 39 amendment brings improvements to process but shifts the burden of proof to merged entities
Key implications of the proposed amendment to the procedure that will be followed by the Competition Commission when firms subject to merger conditions (“merged entities“) are believed to have breached those conditions. Introduction
