South Africa: Constitutional & Administrative Law

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.

To Entertain Or To Not Entertain A Moot Point.

In Aptitude Trading Enterprise (Pty) Ltd v The City of Tshwane Metropolitan Municipality and Another, the South African Supreme Court of Appeal...

South Africa Litigation

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ENS

New South African Plant Breeders' Rights Law Comes Into Effect

South Africa's new Plant Breeders' Rights Act 12 of 2018 (new Act) has, by proclamation in the Government Gazette of 6 June 2025, been deemed to have been in effect since 1 June 2025.

South Africa Government

AA

Adams & Adams

What The New Expropriation Act Means For Landowners And Reform In South Africa

The expropriation of property is a significant legal and political issue in South Africa, particularly in the context of land reform and redressing historical injustices.

South Africa Government

FW

Fairbridges Wertheim Becker

Expired Bid Evaluation Committee Appointment – The Rotten Egg

Imagine trying to bake a cake with an expired ingredient, one bad egg and you end up with a disaster instead of a dessert. That's exactly what happened when one member's...

South Africa Government

FW

Fairbridges Wertheim Becker

HC v CC: Another Step To Achieve Gender Equity In Divorce Matters

South Africa Family

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Fasken

Intersections Of Judicial Review And Internal Appeal Remedies In Administrative Law

South Africa Government

FW

Fairbridges Wertheim Becker

The Constitutional Court Puts An End To Unfair Levies/Taxes Imposed On Indigenous Communities

South Africa Government

AA

Adams & Adams

Purposive Or Literal? Balancing Procedural Formalities And Access To Justice Under Section 2(2) Of The State Liability Act.

South Africa Government

FW

Fairbridges Wertheim Becker

Wescoal Judgment On Post-Commencement Creditors – How The Appeal Proceedings Affect Its Enforceability.

South Africa Litigation

BI

Barnard Inc.

A Claim For Equal Benefits For Parents Of Newborn Or Adopted Children.

South Africa Employment

FW

Fairbridges Wertheim Becker

Simplifying To Save Gauteng's Judicial System

South Africa Government

WW

Webber Wentzel

Privacy, Surveillance, And Legal Rights: De Jager V Netcare Limited

South Africa Privacy

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ENS

State Owned Enterprises Bill: Elevating The Public Voice Through Open Consultation

South Africa Government

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ENS

Will The GNU Change The Future Of BEE?

South Africa Government

FW

Fairbridges Wertheim Becker

POPIA In Practice: What The Latest Developments Mean For South African Businesses

South Africa Privacy

AA

Adams & Adams

Benefits Of A Unified African Energy Market

South Africa Energy

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ENS

What Every Developer Needs To Know About Township Establishment

South Africa Real Estate

BI

Barnard Inc.

Justice Clicked: Landmark Cybercrime Conviction Shakes South Africa's Digital Underworld

South Africa Criminal

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ENS

When Tweets Turn Toxic: Steps To Protect Your Company's Reputation After An Employee's Exit

South Africa Litigation

BI

Barnard Inc.

Was The Decision By The NPA To Remove Counterfeit Goods Matters From The Commercial Crimes Court In Line With The Right Of Access To Justice As Set Out In Section 34 Of The Constitution?

South Africa is a constitutional democracy, which means that it is a country which observes human rights principles and is governed by the rule of law.

South Africa Government

AA

Adams & Adams

Constitutional Court Upholds The Rights Of Innocent Service Providers Who Fulfil Obligations Under Invalid Public Contracts

South African courts are inundated with disputes concerning commercial arrangements between organs of state and their service providers.

South Africa Government

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ENS

Act Signed To Strengthen Enforcement Of Legislation Governing Gender-Based Violence (GBV) And Femicide In South Africa

The National Council on Gender-Based Violence and Femicide Act (the Act) was assented to by the President and gazetted on 27 May 2024.

South Africa Government

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Fasken

The Limits Of Trade Union Representation

The recent Constitutional Court judgment of AFGRI Animal Feeds v. NUMSA & Others (CCT 188/22) has pivotal implications for employers. This landmark ruling, alongside the established precedents...

South Africa Employment

CE

Consolidated Employers Organisation

Landmark Coronation Case: South African Tax Implications For Domestic And International Businesses

South Africa Tax

Ai

Andersen in South Africa

"The Constitution Is Supreme" - Trade Unions Must Stay In Their Registered Scope Lane

South Africa Employment

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ENS

Apex Court Rules In Favour Of Coronation In Controlled Foreign Company Dispute

South Africa Tax

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Fasken

SA's Constitutional Court Hands Down Landmark Judgment On Foreign Business Establishment Exemption

South Africa Government

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ENS

Electoral Reform And The Inclusion Of Independent Candidates Into Our Electoral Process

South Africa Government

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Norton Rose Fulbright

Constitutional Court Declares That Former President Jacob Zuma Is Not Qualified To Stand For Election, To The National Assembly

South Africa Government

AA

Adams & Adams

NSFAS' Decision To 'Defund' The Postgraduate LLB Programme Was Found To Be Reasonable

South Africa Government

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ENS

NHI Litigation Inevitable - Here Is What You Need To Know About The National Health Insurance Act

South Africa Healthcare

AA

Adams & Adams

Rates Boycotts: An Own Goal?

South Africa Government

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ENS

Amendments To The Magistrates And High Court Rules To Come Into Effect On 12 April 2024

South Africa Litigation

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ENS

NSFAS' Decision To 'Defund' The Postgraduate LLB Programme Was Found To Be Reasonable

The Supreme Court of Appeal (the "SCA") in NSFAS v Moloi had to determine whether the Pretoria High Court erred in reviewing and setting aside the decision...

South Africa Government

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ENS

NHI Litigation Inevitable - Here Is What You Need To Know About The National Health Insurance Act

The NHI, in its bill form, has been controversial since its introduction and has attracted significant critique from various stakeholders.

South Africa Healthcare

AA

Adams & Adams

Rates Boycotts: An Own Goal?

In his 2023 State of the Nation Address, President Cyril Ramaphosa underscored a pressing national concern: "Too many of our municipalities, 163 out of 257...

South Africa Government

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ENS

Amendments To The Magistrates And High Court Rules To Come Into Effect On 12 April 2024

The Rules Board for Courts of Law, approved by the Department of Justice and Constitutional Development, issued amendments to the rules regulating the conduct of the proceedings...

South Africa Litigation

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ENS

A Rare Victory For Taxpayers: The High Court – A Proper Referee For Certain Tax Disputes – Blows The Final Whistle On The Interpretation Of Section 4(2) Of The Mineral Royalty Act

South Africa Tax

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ENS

Navigating Whether A Violent Strike Is Protected – Insights From The Labour Court

Can a protected strike lose its protected status, and, if so, in what circumstances? This question was considered by the Labour Court in the recent case of African Meat Industry...

South Africa Employment

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ENS

Another Constitutional Challenge In Family Law

On 4 December 2023, the Pretoria High Court will determine whether Section 10(2) of the Recognition of Customary Marriages Act is unconstitutional and should be referred to the Constitutional Court.

South Africa Family

AA

Adams & Adams

Constitutional Court Reforms Divorce Act

On 10 October 2023, the Constitutional Court of South Africa delivered groundbreaking judgments in two separate but interconnected cases, both challenging the constitutionality of Section...

South Africa Family

BI

Barnard Inc.

Constitutional Court Changes The Divorce Act

On 10 October 2023 the Constitutional Court of South Africa confirmed the Pretoria High Court Order. It was declared that Section 7(3)(a) of the Divorce Act is inconsistent with the constitution...

South Africa Family

AA

Adams & Adams

Long-Awaited Amendments To RICA Published To Address Unconstitutional Aspects

South Africa Government

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ENS

Navigating The Intersection Of Public Law And Private Law In South African Public Procurement

South Africa Government

TA

Tiefenthaler Africa

The Climate Change Amendment Bill Is Now Law

South Africa Environment

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ENS

What Steps Need To Be Followed Upon Receipt Of The Trade Union Demands?

South Africa Employment

CE

Consolidated Employers Organisation

Historic Ruling: Constitutional Court Expands Parental Rights To Lesbian Couples In Artificial Insemination Cases

South Africa Family

BI

Barnard Inc.

A Landmark Verdict: Constitutional Court Affirms Unconstitutionality For Section 4 Of The Mediation In Certain Divorce Matters Act

South Africa Family

BI

Barnard Inc.

New Ruling: Section 197 Does Not Guarantee Job Security And Commercial Realities Must Be Considered

South Africa Employment

E

ENS

PAIA's "Public Interest Override" Now Applies To Taxpayer Information

South Africa Tax

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ENS

A New Hope For Immigration And Same-Sex Marriage In Namibia

South Africa Family

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ENS

Can A Contracting Party Derive Benefit From An Unlawful Contract?

South Africa Real Estate

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ENS

In Search Of Clarity: Navigating The New Terrain Of Appeals In South Africa

South Africa Litigation

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ENS

Using Replacement Labour When Locking Out Employees "is In Response To A Strike" – What Does This Mean?

South Africa Employment

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ENS

Enforcement Of An Agreement Not To Sue

South Africa Government

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Fasken

Crime Watch(ers): How Far Does An Employee's Duty Of Good Faith Extend?

South Africa Criminal

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ENS

Africa And Middle East Political Calendar (2023-2025 Polls)

Worldwide Government

SA

Songhai Advisory LLP

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Latest Videos

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Discussing The Osun State Election Tribunal - Talking Legal With TTA (Video)

TT

The Trusted Advisors

Olisa Agbakoba Demands Correct Interpretation Of Electoral Laws | Section 134 Of 1999 Constitution (Video)

OA

Olisa Agbakoba Legal (OAL)

2023 Polls Are Very Uncertain, Toughest Ever' (Video)

OA

Olisa Agbakoba Legal (OAL)

Podcast | Power FM | Reflections On The State Capture Report

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ENS

Podcast | Cape Talk | Looking Ahead At State Capture Prosecutions

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ENS

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