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.

South Africa Publishes Draft National Artificial Intelligence Policy For Public Comment

On 10 April 2026, the Department of Communications and Digital Technologies (Department) published the Draft South Africa National AI Policy (Draft AI Policy) for public comment. This 60-day public comment period ends on 10 June 2026. It is anticipated that the National AI Policy will be finalised by the end of the 2026/2027 financial year, with sectoral strategies and supporting regulatory frameworks rolling out from 2027/2028.

South Africa Technology

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Fasken

Spotlight On: Tebogo Moloko

One of the highlights of my career has been working as a law researcher for Chief Justice Mogoeng Mogoeng in 2017 / 2018 at the constitutional court of South Africa.

South Africa Law Performance

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Herbert Smith Freehills Kramer LLP

Arbitrators Cannot Decide Constitutional Invalidity In Public Procurement

The Supreme Court of Appeal ("SCA"), in NAD Property Income Fund v Bushbuckridge Municipality, delivered a judgment on Thursday 4 December 2025 concerning the power...

South Africa Government

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ENS

Business Licensing Bill, 2025: Streamlining Trade Or Stifling Enterprise?

The South African government published the Business Licensing Bill, 2025 (the "Bill") on 26 September 2025.

South Africa Government

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ENS

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

South Africa Government

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Barnard Inc.

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

South Africa Law Performance

BI

Barnard Inc.

Parental Leave In Financial Services: Navigating The Van Wyk Judgment

South Africa Finance

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Webber Wentzel

The Commissioner's Role In Section 417 Enquiries

South Africa Government

BI

Barnard Inc.

Consequences Of A Liquidator Ceding Rights Under A Contract

South Africa Government

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ENS

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

South Africa Government

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ENS

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

South Africa Government

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Barnard Inc.

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

South Africa Technology

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ENS

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

South Africa Employment

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Fairbridges

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

South Africa Privacy

Ai

Andersen in South Africa

From Ponzi Schemes To Draft PCC5E: Keeping Up With The KYC Compliance Requirements

South Africa Finance

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ENS

5 Vendor Contract Clauses That Quietly Allow AI Training Using Your Data

South Africa Technology

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ENS

AI Caricatures: What Are The Legal Concerns?

South Africa Technology

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ENS

No Slaves For Fashion: The Case For Ethical Labour Practices

South Africa Employment

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ENS

Long Service Is Not An Absolute Shield Against Gross Negligence

South Africa Litigation

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Fairbridges

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

A recent High Court ruling (Welkovics v Health Professional Council of South Africa (A274/2024) [2025]) has clarified that doctors are not legally or ethically obligated to accept every private patient seeking care particularly where no immediate medical emergency exists.

South Africa Litigation

Beach Weather | Legal Marketing

Spotlight On: Ashinaga

Ashinaga's Africa Initiative programme enables talented, orphaned students from across sub-Saharan Africa to access higher education and leadership development training through fully funded scholarships.

South Africa Government

KL

Herbert Smith Freehills Kramer LLP

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

In the case of Mambafula v Alfred Nzo District Municipality, Mr Simvumile Mambafula instituted urgent proceedings in the Eastern Cape Division – Mthatha of the High Court of South Africa...

South Africa Litigation

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ENS

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 Government

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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

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Fasken

Intersections Of Judicial Review And Internal Appeal Remedies In Administrative Law

South Africa Government

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Fairbridges

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

South Africa Government

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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

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

Simplifying To Save Gauteng's Judicial System

South Africa Government

WW

Webber Wentzel

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

Statutory interpretation stands at the heart of many legal disputes. In Minister of Police v Miya (hereafter Miya), the Supreme Court of Appeal was asked to interpret section 2(2) of the State Liability Act 20 of 1957...

South Africa Government

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Fairbridges

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

The landmark Supreme Court of Appeal (SCA) decision in Mashwayi Projects (Pty) Ltd and Others v Wescoal Mining (Pty) Ltd and Others (2025 ZASCA 5) reshaped the business rescue landscape...

South Africa Litigation

BI

Barnard Inc.

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

The High Court handed down a judgment in the case of Van Wyk and others v Minister of Employment and Labour and others scrutinising certain provisions...

South Africa Employment

FW

Fairbridges

Simplifying To Save Gauteng's Judicial System

South Africa's Constitution leaves no room for ambiguity: every person has the right to have any dispute that can be resolved by the application of law adjudicated in a fair and public hearing before a court, or, where appropriate, an independent tribunal or forum.

South Africa Government

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Webber Wentzel

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

South Africa Privacy

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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

On June 21, 2024, the Constitutional Court of South Africa delivered a landmark judgment in favour of Coronation Fund Managers Limited ("Coronation"), a decision with significant implications for corporate taxation...

South Africa Tax

Ai

Andersen in South Africa

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

In what circumstances can a union represent employees who are not entitled, in terms of the union's constitution, to be members of that union? This question has been considered by our courts in various contexts.

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

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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

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Adams & Adams

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

South Africa Litigation

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ENS

Rates Boycotts: An Own Goal?

South Africa Government

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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

The Legal Implications Of Transparency Related To Artificial Intelligence

South Africa Technology

Swart Attorneys

Accessing Information Reported, Obtained Or Generated By The Financial Intelligence Centre

South Africa Litigation

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ENS

Are Midstream Reviews Of Proceedings At An Investigative Stage Permissible? Insights From A Full Bench Appeal

South Africa Litigation

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Adams & Adams

Is A Loan Concluded Between Friends Subject To The National Credit Act?

South Africa Litigation

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ENS

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

South Africa Employment

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ENS

Another Constitutional Challenge In Family Law

South Africa Family

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Adams & Adams

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Latest Videos

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

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The Trusted Advisors

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

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Olisa Agbakoba Legal (OAL)

Constitutional Powers Of EFCC In Focus (Video)

OA

Olisa Agbakoba Legal (OAL)

Podcast | Cape Talk | Looking Ahead At State Capture Prosecutions

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ENS

Podcast | Power FM | Reflections On The State Capture Report

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ENS

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