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.

There’s No Smoke Without Combustibles

South Africa's Portfolio Committee on Health has begun detailed deliberations on the Tobacco Products and Electronic Delivery Systems Bill, with illicit trade and the distinction between combustible and non-combustible products emerging as central concerns. The Committee is considering amendments to address enforcement capabilities and regulatory gaps that could undermine public health objectives.

South Africa Government

AA

Adams & Adams

Gearing Up For Public Comments On The Employment Services Amendment Bill

South Africa's Employment Services Amendment Bill is set to open for public submissions in September 2026, with a closing date expected in early November. Employers of foreign nationals face potential regulatory changes and should begin preparing their submissions immediately to meet the anticipated deadline.

South Africa Employment

CD

Cliffe Dekker Hofmeyr

Raising A Rule 6(5)(d)(iii) Notice Before The Rule 53 Record: An Irregular Step Or A Competent Election?

A Constitutional Court decision has clarified a critical procedural question in South African administrative law: whether respondents can raise dispositive legal objections before producing the Rule 53 record in review proceedings. The ruling addresses the tension between an applicant's right to supplement their case after receiving the administrative record and a respondent's ability to challenge the review on purely legal grounds at an early stage.

South Africa Litigation

FW

Fairbridges

Modernising The Commissioning Of Oaths: The Draft 2026 Regulations

South Africa's Department of Justice has published draft regulations that would fundamentally transform how oaths and affirmations are administered by allowing electronic commissioning through audio-visual communication. This development follows years of legal uncertainty and conflicting court decisions about whether commissioners of oaths could validly administer oaths remotely, particularly during the COVID-19 pandemic when physical presence became impractical.

South Africa Commercial

AA

Adams & Adams

Rethinking Oath Certification: Introducing Electronic Commissioning

South Africa Litigation

E

ENS

Gauteng Department Of Health In The Spotlight Following Information Regulator’s Third Enforcement Notice Of 2026

South Africa Government

E

ENS

End Of Concurrent Jurisdiction: Understanding The New Jurisdictional Boundaries In The Gauteng Division Of The High Court Of South Africa

South Africa Litigation

E

ENS

Constitutional Court Delivers Landmark But Incomplete Copyright Ruling. Parliament Must Now Seize The Opportunity To Modernise South Africa’s Copyright Law For The AI Era

South Africa IP

AA

Adams & Adams

South Africa Government

AA

Adams & Adams

Courtroom Tests For Climate Promises

South Africa Environment

KL

Herbert Smith Freehills Kramer LLP

A Decision Six Years Late Is Not Only Late. It May Be Unlawful.

South Africa Litigation

FW

Fairbridges

Pretoria High Court Declares B-BBEE And Race-based Licensing Requirements By The International Air Services Council Unlawful

South Africa Media & IT

E

ENS

Validity Of Contracts With The State Being Extended Without A Competitive Tender Process

South Africa Government

E

ENS

Landmark Ruling For Private Bodies Under PAIA: Information Regulator's Enforcement Notice Against Mining House

South Africa Commercial

E

ENS

More Than Code: Protecting Intellectual Property In Mobile Application Development

South Africa IP

AA

Adams & Adams

The Trusts Bill Sets A Tougher Course For Trust Regulation

South Africa Commercial

Ai

Andersen in South Africa

Africa Tax In Brief

South Africa Tax

E

ENS

After The Freeze: What Happens Next For Crypto Arbitrage And Exchange Control Risk?

South Africa Finance

E

ENS

Your Brand Is Your Business: Why Trade Mark Protection Matters From Day One

South Africa IP

AA

Adams & Adams

Finality, Fraud, And The Future Of South Africa As An Arbitration Seat: Lessons From Kingdom Of Lesotho v Frazer Solar GmbH

The judgment brings welcome clarity to South Africa’s International Arbitration Act and its interaction with the Constitution, reflecting a purposeful alignment with established pro arbitration jurisdictions worldwide.

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

SCA Confirms The High Court’s Concurrent Jurisdiction Over NCA Shortfall Claims

The Supreme Court of Appeal has resolved a critical jurisdictional question affecting credit providers nationwide by clarifying whether the High Court retains authority to adjudicate shortfall claims after repossession and sale of goods under credit agreements.

South Africa Litigation

E

ENS

No Second Bite. Court Confirms The Higher Threshold For Leave To Appeal

In April 2026, the Pietermaritzburg High Court set aside a subpoena issued against the Auditor-General of South Africa (“AGSA”), finding that it had not been issued for a bona fide or lawful purpose and amounted...

South Africa Litigation

FW

Fairbridges

A New Era For Whistleblowers: Assessing The Changes

South Africa's Draft Protected Disclosures Bill, 2026 proposes to replace the current whistleblower protection framework with a more comprehensive regime that extends protection beyond employees, mandates formal internal procedures, and introduces stricter confidentiality controls and retaliation consequences.

South Africa Employment

SG

SNG Grant Thornton

The Certificate Of Need Scheme Struck Down: Constitutional Court Confirms Invalidity Of Sections 36 To 40 Of The National Health Act

South Africa Healthcare

AA

Adams & Adams

No Profit, No Loss? When Service Providers May Benefit From Invalid Government Contracts

South Africa Government

E

ENS

Looking Beyond The Headline: The Absa GAAR Judgment Explained | Absa Bank Limited And Another V Commissioner For The South African Revenue Service

South Africa Tax

E

ENS

South Africa’s Rail Revolution: The Draft National Rail Master Plan

South Africa Commercial

E

ENS

Withdrawal Of South Africa’s Draft National Artificial Intelligence Policy

South Africa Technology

E

ENS

The Certificate Of Need Scheme Struck Down: Constitutional Court Confirms Invalidity Of Sections 36 To 40 Of The National Health Act

South Africa Government

AA

Adams & Adams

PAIA Annual Report Deadline: 30 June 2026

South Africa Government

FW

Fairbridges

Constitutional Court Gives A New Reach To The GAAR In Absa Case

South Africa Tax

E

ENS

Milestone Regulatory Development: Draft Public Procurement Regulations Published

South Africa Government

E

ENS

Security For Costs In Full Court Appeals: A Practitioner’s Guide After Koopman V Minister Of Police

South Africa Litigation

AA

Adams & Adams

PAIA Annual Report Deadline: 30 June 2026

South Africa's Information Regulator has opened its eServices portal for the 2025/26 PAIA reporting period, requiring all public and private bodies to file annual reports on access-to-information requests by 30 June 2026.

South Africa Government

FW

Fairbridges

Constitutional Court Gives A New Reach To The GAAR In Absa Case

The Constitutional Court’s judgment in Absa Bank Ltd and Another v C:SARS is one of the most important tax judgments delivered in South Africa in recent years.

South Africa Tax

E

ENS

Milestone Regulatory Development: Draft Public Procurement Regulations Published

On 16 April 2026, the National Treasury published two sets of draft regulations under the Public Procurement Act 28 of 2024 (“the Act”) for public comment: the Draft General Public Procurement Regulations...

South Africa Government

E

ENS

Security For Costs In Full Court Appeals: A Practitioner’s Guide After Koopman V Minister Of Police

Practitioners appearing in full court appeals have long worked on the assumption that Rule 49(13) of the Uniform Rules applies whenever an appeal is directed to the full court of a division of the High Court - regardless of who granted leave. That assumption has now been tested and found wanting. In Koopman v Minister of Police (963/2022) [2026] ZASCA 45 (7 April 2026), the Supreme Court of Appeal held that Rule 49(13) of the Uniform Rules does not apply where it is the SCA, rather than a High Court judge, that grants leave to appeal to the full court.

South Africa Litigation

AA

Adams & Adams

Constitutional Court Confirms Limits On Labour Appeals And Awards Costs In Dispute Arising From Terminated Municipal Services Agreement

South Africa Employment

FW

Fairbridges

Subpoenaed Under Section 417 – What Are Your Rights And Obligations?

Being subpoenaed to appear at a Section 417 enquiry can feel daunting, especially if you're unfamiliar with the process.

South Africa Government

BI

Barnard Inc.

Legal Representatives In Section 417 Enquiries – The Triple R's

In the previous article, we explored the powers and limits of the Commissioner in Section 417 enquiries.

South Africa Law Performance

BI

Barnard Inc.

Parental Leave In Financial Services: Navigating The Van Wyk Judgment

On 3 October 2025, the Constitutional Court handed down a unanimous ruling in Van Wyk v Minister of Employment and Labour and Others, confirming that South Africa's statutory four months and 10 days of parental leave may be shared between both parents.

South Africa Finance

WW

Webber Wentzel

The Commissioner's Role In Section 417 Enquiries

In the previous issue, we explored how Ferreira v Levin reshaped the legal landscape of Section 417 enquiries by introducing constitutional safeguards for witnesses.

South Africa Government

BI

Barnard Inc.

Consequences Of A Liquidator Ceding Rights Under A Contract

South Africa Government

E

ENS

The Right To Electricity And Water Understood Within A Constitutional And Administrative Law Perspective

South Africa Government

E

ENS

Unpacking Section 417 Read With Section 418: From Inquiry To Recovery

South Africa Government

BI

Barnard Inc.

From Exclusion To Inclusion: AI, Language And Access To Justice In South Africa

South Africa Technology

E

ENS

Parental Leave Rewritten By The Constitutional Court: What Employers Must Do Now

South Africa Employment

FW

Fairbridges

The Use Of Surveillance Data And POPIA: De Jager v Netcare Limited

South Africa Privacy

Ai

Andersen in South Africa

Medical Negligence: A Doctor's Right To Decline Private Patients

South Africa Litigation

Beach Weather | Legal Marketing

Spotlight On: Ashinaga

South Africa Government

KL

Herbert Smith Freehills Kramer LLP

Municipality's Failure To Appoint Candidate To An Advertised Position May Constitute Reviewable Administrative Action

South Africa Litigation

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ENS

To Entertain Or To Not Entertain A Moot Point.

South Africa Litigation

E

ENS

New South African Plant Breeders' Rights Law Comes Into Effect

South Africa Government

AA

Adams & Adams

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

South Africa Government

FW

Fairbridges

Expired Bid Evaluation Committee Appointment – The Rotten Egg

South Africa Government

FW

Fairbridges

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

South Africa Family

F

Fasken

Intersections Of Judicial Review And Internal Appeal Remedies In Administrative Law

South Africa Government

FW

Fairbridges

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