News and Commentary
AI in the Rainbow Nation: Shaping the Future of AI Governance through Global Insights
By Gaby Meintjes | Director South Africa’s journey towards harnessing artificial intelligence (AI) is gaining momentum, but the global AI landscape is evolving just as quickly. With the recent...
Struck out | When a union fails to give a valid strike notice
By David Short | Director In the matter Road Accident Fund v National Union of Metalworkers of SA Others the Labour Court highlights the technical nature of strike action and the consequences which...
When does the clock start running for wrongful pregnancy claims?
Decoding Prescription Deadlines in South Africa’s Medical Negligence Cases By Julia Penn | Director and Justine Paries | Candidate Attorney Rensburg and Another v Cilliers (1705/2021) [2024] ZAFSHC...
Toward Triage for Fraudulent Claims
By Julia Penn | Director Safeguarding Healthcare and Insurance Against Medico-Legal Risks South Africa’s healthcare sector faces an unprecedented surge in fraudulent medico-legal claims, now...
Nationwide Crackdown Leads to Hefty Fines: How Employers Must Adapt to Ensure Compliance
By Ali Sonday | Senior Associate In a significant clampdown on employment law compliance, the South African Department of Employment and Labour has imposed fines totalling over R10 million on...
Understanding FIFA’s third-party non-interference principle
By Lesedi Mphahlele | Director & Sello Ramanyana | Candidate Attorney Many member countries over the world have previously been suspended by FIFA owing to their complete disregard of FIFA’s...
Fishing outside the scope of the Pre-Arbitration Minute
By David Short and Ciara Pillay In a recent ruling, the Labour Appeal Court (LAC) in Mbeje and Others v Department of Health: KwaZulu-Natal and Others [2024] ZALAC underscored the importance of...
When travel benefits end
By Ephraim Lehutso and Ciara Pillay The Legal Ruling on SARS's Travel Allowance Policy In a significant recent judgment, the Labour Court provided important clarity on the removal of an employment...
Just a spoonful of sugar | When guessing doesn’t pay
By David Short and Ciara Pillay In a recent Labour Court decision, Shoprite Checkers (Pty) Ltd v Godfrey Makaloi and 2 Others, the complexities of workplace misconduct were brought into focus when a...
AI in the Rainbow Nation: South Africa’s Evolving Policy Arc
Artificial intelligence (AI) capabilities are advancing at an unprecedented rate and legal systems face the daunting task of keeping pace. From GPT-3 to DALL-E, AI developments in the last decade...
Podcast: The Legal Rights of Sperm Donors
Pippa Hudson speaks to family law specialist Sheri Breslaw (Director) about the legal rights of sperm donors.
Triumph for employee rights in 197A transfer case
In a significant victory for a group of twelve employees, the Constitutional Court recently refused an application for leave to appeal in a case concerning the transfer of business as a going...
Mauritius transfer pricing case: A new challenge for Multinationals
In recent years, transfer pricing has become a critical issue for multinational corporations (MNCs), especially those involved in the commercialisation of intellectual property (IP). The recent case...
News update: Labour court’s online system for urgent applications will be active from 12 August 2024
On 31 July 2024, the Acting Judge President of the Labour Court and the Labour Appeal Court, Edwin Molahlehi issued a directive regarding the implementation of the Court Online system for urgent...
The Psychology Behind the Dismissal: Labour Court Dismissal and the HPCSA
In a Labour Court matter that highlights the delicate balance between ensuring compliance with professional registration requirements and acknowledging the potential administrative challenges posed...
New Public Procurement Act ushers in an era of transparency and efficiency in South Africa
On 23 July 2024, President Cyril Ramaphosa signed the Public Procurement Act 28 of 2024 ("the Act") into law, fulfilling the constitutional mandates of sections 195, 216, and 217. The Act aims to...
Takis Biltong: Guarding against trade mark snack attacks
In South Africa few names evoke the savoury delight of biltong quite like Takis Biltong. This family-owned business, cherished by many for over four decades, recently found itself in a protracted...
Code Wars: Protecting Software from Copyright Infringement Battles
A recent landmark judgment - Emisha Software (Pty) Ltd v Servsol Software Solutions CC and Others (2023/069011) [2024] ZAGPPHC 615 – required the High Court of South Africa to deal with crucial...
How can we address implicit bias in healthcare?
Implicit bias in healthcare is an issue on the rise. It isn't a new issue, though; it's just getting more attention on how to handle it. Whilst bias might be an unfortunate part of all our daily...
Even bullies have rights: Costly lessons in dismissing senior management
On 09 June 2024, CCMA Commissioner, Eleanor Hambidge handed down an award in the arbitration matter between Christine Anne Lawson and Standard Bank SA Limited (GAJB 28802-23). After a thorough...
The implications of POPIA in the use of AI in South African litigation
The Protection of Personal Information Act, 4 of 2013 (POPIA) is a crucial piece of legislation in South Africa that governs the utilisation of personal information. It further protects and...
The Main Benefits of Incorporating a Private Company in South Africa
Benefit 1: Incorporating a private company - indicated by the term ‘(Pty) Ltd’ - in South Africa offers numerous advantages for entrepreneurs and business owners. Separate Legal Entity: A private...
Applying the new Labour Court and Labour Appeal Court Rules
New Labour Court and Labour Appeal Court Rules: Which rules will apply to matters instituted before the new rules come into effect on 17 July 2024? On 05 June 2024, it was announced that the new...
Will the GNU change the future of BEE?
South Africa recently celebrated its 7th democratic general elections, a milestone highlighting three decades of democratic progress. Over the past 30 years under African National Congress (ANC)...