News
When Can a Medical Scheme Cancel Membership for Non-Disclosure?
This article was placed in FAnews: www.fanews.co.za By Natasha Naidoo | Director and Jason Berkowitz| Associate In a unanimous decision recently handed down by the Constitutional Court, it was held that a medical scheme cannot cancel membership for failure by a...
11 Things I Wish I’d Known Before Starting My Articles
By Nadia Nassiep | Candidate Attorney As I enter my second year of articles, I reflect on the journey so far and the lessons learned. The first year has been full of challenges, growth, and valuable insights that have shaped me into a more confident and capable...
What’s in a Drop? The Case of Cape Velvet and the Price of Classification
By Marcus Schaefer | Senior Associate When is a drop of alcohol just a drop, and when does it carry weight in the eyes of the law? For Diageo, the makers of the famed Cape Velvet liqueurs, this was more than a rhetorical question - it was a dispute that reached the...
REPORT: 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 introduction of the U.S. AI Civil Rights Act, a new wave of AI...
Fairbridges Wertheim Becker Director Appointed to TerraLex’s Global NextGen Advisory Committee
Fairbridges Wertheim Becker (FWB) is pleased to announce that Julia Penn, Director and head of the Insurance and Medical Law team at FWB, has been appointed to the newly-formed NextGen Advisory Committee of TerraLex, one of the world’s leading international legal...
Employment Law in Review 2024
By David Short | Director As we bid farewell to 2024, it’s time to reflect on the key developments that shaped the framework of employment law over the past year. From groundbreaking court rulings to updates in legislation, this year has brought challenges,...
AI’s Ethical and Legal Dilemmas: Personal Rights, Power Imbalances, and Accountability
By Gaby Meintjes | Director In the 1970s classic Colossus: The Forbin Project, AI’s unchecked growth leads to a dystopian world where human agency is overridden by the machine’s cold logic. While we’re far from such extremes, modern AI’s exponential rise raises...
Employ Smart: Preparing for the New Employment Equity Landscape
By David Short | Director As we approach 2025, it's crucial for employers across South Africa to start gearing up for significant changes under the Employment Equity Amendment Act 4 of 2022, which kicks in from 1 January. These changes are designed to advance...
An Introduction to Sports Law: Key Legal Areas and Issues in Sports
By Lesedi Mphahlele | Director and Sello Ramanyana | Candidate Attorney IntroductionIn a world where sports continues to evolve and shape the fabric of society, the importanceof sports law has never been more evident. From ensuring fair competition to protectingthe...
The Legal Challenges of AI: Intellectual Property and Fair Use
By Gaby Meintjes | Director In the 1980s, films like Blade Runner warned of a future where artificial intelligence blurred the line between human creativity and machine production. Fast-forward to today, and reality seems to be catching up. AI systems are not only...
The Abuse of the Legal System in South Africa: Shielding Liability Through Legal Manoeuvring
By Wessel Robertson | Director In South Africa, the legal system is designed to uphold justice, provide recourse for wrongs, and ensure fairness for all parties. However, a growing concern is the extent to which scrupulous defendants exploit legal mechanisms to delay...
Rule 46A: Protecting Dignity while Addressing Debt Recovery in Foreclosure Proceedings
By Wessel Robertson | Director Foreclosure on a primary residence is one of the most emotionally and economically devastating events that a debtor can face. It represents the intersection of law, economics, and constitutional rights. Rule 46A of the Uniform Rules of...
Balancing the duty of care with patient autonomy: A patient’s right to refuse medical treatment.
Natasha Naidoo | Director & Jason Berkowitz | Associate A recent judgment handed down by the Eastern Cape Division of the High Court (East London Circuit Court) highlighted the nuances of alleged medical negligence in circumstances where a patient refuses medical...
Restrictions on agricultural land transactions: Key considerations for farm buyers.
By Bathandwa Nomtshongwana | Associate When purchasing farm or agricultural land, there are specific legal restrictions and requirements that differ from buying residential properties or sectional title units. The Subdivision of Agricultural Land Act 70 of 1970 (the...
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 introduction of the U.S. AI Civil Rights Act, a new wave of AI governance...
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 may follow where the Court is not satisfied that the preemptory...
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 290. In South Africa, the legal doctrine of prescription generally...
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 totalling R30 billion in suspect cases under investigation by the Special...
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 delinquent employers following a nationwide compliance inspection raid. The...
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 non-interference principle, which principle seeks to promote the...
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 respecting the boundaries set in a Pre-Arbitration Minute. Much like...