News
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 have been nothing short of revolutionary. Yet, as technology races...
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 concern under Section 197A of the Labour Relations Act (LRA). This landmark...
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 of Avago Technologies Trading Ltd v/s Mauritius Revenue Authority...
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 applications in the Labour Court. The AJP has determined that all 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 by external statutory bodies, a significant judgment was handed down...
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 transform South Africa's public procurement landscape by consolidating...
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 legal tussle against international food giant Grupo Bimbo. But as...
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 aspects of copyright infringement in the context of software development....
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 interactions, in healthcare, it can significantly impact our health and...
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 review of the evidence, the Commissioner found that Lawson's dismissal was...
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 guides the usage, processing, storing of personal information and aims...
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 company is recognised as a separate legal entity. This means the company...
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 Labour Court and Labour Appeal Court Rules will take effect on 17 July...
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) rule, South Africa has transitioned from policies favouring the minority...
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 insurance provider, reported on 06 June 2024, saw the exposure of personal...
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. The High Court had initially ruled that ENS was liable for R5.5 million...
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 secretary can be highly beneficial for the governance and compliance of the...
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 Multinational Corporations (MNCs), getting these prices right is crucial,...
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 popularity of 'dupes'. These replicas, often celebrated on platforms...
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 the banking industry's perceived fickleness, particularly relevant when...