South Africa: Constitutional & Administrative Law

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.

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...

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.

When it comes to corporate insolvency, few provisions have sparked as much legal and constitutional debate as Section 417 read with Section 418 of the Companies Act 61 of 1973.

At the J20 summit, Justice Mlambo, Deputy Chief Justice posed a critical question: in a multilingual society, are litigants still excluded if they do not speak the colonial language of record? South Africa's...

The Constitutional Court has confirmed that South Africa's parental-leave regime in the BCEA unfairly discriminated between different kinds of parents and has ordered a temporary "reading-in"...

In December 2024, the Portfolio Committee on Planning Monitoring and Evaluation issued a call for the public to submit written comments on the National State Enterprises Bill (the "SOE Bill"), [B1-2024].

South Africa recently celebrated its 7th democratic general elections, a milestone highlighting three decades of democratic progress.

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.