News and Commentary
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)...
Understanding your organisation’s data breach liability in terms of POPIA
Data breaches have become an everyday reality in the 21st century and have, alarmingly, impacted numerous respected, large enterprises. The recent incident involving a prominent South African...
The Appeal Court has overturned a recent cyber crime ruling – what are the implications for companies under the POPI Act?
On 10 June 2024, the Supreme Court of Appeal (SCA) overturned a High Court decision that had significant ramifications for Edward Nathan Sonnenbergs (ENSAfrica), a leading South African law firm....
How your business would benefit from appointing a company secretary
In South Africa, private companies are not legally required to appoint a company secretary unless stipulated in their Memorandum of Incorporation (MOI). However, the appointment of a company...
Decoding Transfer Pricing: The Commercialisation of IP for Multinational Corporations
When companies operate globally, they often share goods and services within their own network of subsidiaries. The prices they set for these transactions are known as transfer pricing. For...
Dressed in Deception: Unpicking the ‘Dupe’ Stitch in Fashion Law
Amplified by the rapid increase in the number of online retailers entering the South African market, such as Amazon, Shein, and Temu, the fashion industry faces a significant challenge: the rising...
Banking on Fairness: The Legal Balancing Act of Contract Terminations
A Mark Twain quip, “A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain,” is a witticism that captures a common sentiment about...
Amending the NHI Bill: A complex process beyond Government’s narrative
The recent statements by ANC parliamentary chief whip Pemmy Majodina regarding the National Health Insurance (NHI) Bill's ‘amendability’ have highlighted a significant misunderstanding of the law...
New Labour Court and Labour Appeal Court Rules Gazetted
On 03 May 2024, the Acting Judge President's office for the Labour and Labour Appeal Courts announced the gazetting of revised rules. These rules have yet to take effect; a formal notice will later...
Medical complications ahead – the NHI Bill and the reshaping of health insurance and schemes
The signing of the National Health Insurance (NHI) Bill by President Cyril Ramaphosa, is expected this Wednesday at the Union Buildings in Pretoria, marking a significant moment in South Africa's...
Transformative Transactions: Why RMB Ventures’ Investment in Bulldog Group won the Competition Tribunal’s unconditional approval
The recent investment by RMB Ventures and Mohau Equity Partners in the Bulldog Group represents not just a strategic business move, but an example of a transformative transaction that is in lockstep...