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...
Mauritius: Statutory demand: Legal framework and recent court developments
A statutory demand is a formal demand for payment of a debt served by a creditor on its debtor in a standard and prescribed form, under the Insolvency Act of 2009. A statutory demand may be categorised as an extra-judicial process given that it is not issued by a court. However, a statutory...
Understanding the legal position around bonuses during protected strikes
Can employers pay bonuses to non‑strikers during a protected strike? During a protected strike, tensions rise, and difficult choices are made on both sides. This Alert explores the legal position, with reference to Solidarity obo C J Arendse and 38 Others v Heineken Beverages (Pty) Ltd, a recent...
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...
Victimising union members can rattle the labour law tightrope
The rights of workers to belong to trade unions and to participate in their activities is heavily protected by the Constitution and by the Labour Relations Act (LRA). Section 5 of the LRA specifically protects union members, would be union members and union activists from being dismissed or...
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...
Budget 2026: What it means for foreign property owners in South Africa
Foreign nationals owning property in South Africa, or who are considering buying or selling local real estate, should take note of several key announcements in the 2026 National Budget that will directly affect their tax obligations. Inflation-Adjusted Tax Thresholds May Bring Relief on Rental...
Trends shaping South Africa’s food retail and wholesale sector
South Africa’s food retail and wholesale sector is one of the country’s most dynamic industries, directly linked to household consumption, employment, and food security. It reflects both the opportunities and pressures shaping the economy in 2025 and beyond. These insights are drawn from...
Employment and HR Policies in South Africa: A Legal and Practical Analysis
Employment and human resource (“HR”) policies are foundational instruments in the South African workplace. They serve not merely as administrative tools but as legally significant mechanisms that regulate the employment relationship, promote organisational discipline, and ensure compliance with...
Rethinking Disclosure: The Effects of G1/23 on Prior Art in a South African Context
The Information that is made publicly available before a patent’s priority date forms part of the prior art. In July, the Enlarged Board of Appeal (EBoA) of the European Patent Office (EPO) published its decision regarding G1/23, providing further clarity on the scope of prior art and the meaning...
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 walks into an arbitration: What could go wrong?
Artificial intelligence is no longer an abstract, futuristic concept in arbitration proceedings. It has already entered the hearing room (albeit, in most cases, unannounced), comfortably seated itself at the tribunal table and proceeded to (with alarming speed) hand down the award. It is not...
Disruptors Beware – The Court’s Firm Stance on Abusive Business Rescue and Setting Aside Applications
Liquidation proceedings place companies in an undesirable legal and operational position which they or other affected persons may often seek to escape from. Section 131(1) read with section 131(6) of the 2008 Companies Act (“business rescue applications“) and section 354(1) of the 1973 Companies...
