South Africa: Constitutional & Administrative Law

Subscribe

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.

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

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

On 18 May 2026, the Constitutional Court handed down a unanimous judgment in Solidarity Trade Union and Others v Minister of Health and Others, confirming the order of constitutional invalidity made by the Pretoria High Court

South Africa Healthcare

AA

Adams & Adams

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

South Africa's legal landscape is undergoing significant transformation across multiple domains, from direct marketing compliance and government contract validity to artificial intelligence policy development...

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

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

South Africa Employment

FW

Fairbridges

South Africa Publishes Draft National Artificial Intelligence Policy For Public Comment

South Africa Technology

F

Fasken

Out Of The Gazette, Into The Inbox: How The 2026 Amendments Reshape Mutual Bank Reporting

South Africa Finance

E

ENS

Withdrawal Of South Africa’s Draft National Artificial Intelligence Policy

South Africa Technology

E

ENS

When Platforms Are Not Liable: Big Shift In Copyright Law

South Africa IP

E

ENS

South Africa Publishes Draft Capital Flow Management Regulations For Public Comment

South Africa Technology

E

ENS

Prediction Markets And South Africa’s Crypto Gap: When An Event Bet Starts Looking Like A Financial Product

South Africa Technology

E

ENS

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

KL

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

E

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

E

ENS

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

South Africa Law Performance

BI

Barnard Inc.

Parental Leave In Financial Services: Navigating The Van Wyk Judgment

South Africa Finance

WW

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

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

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

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...

South Africa Technology

E

ENS

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

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"...

South Africa Employment

FW

Fairbridges

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

In the recent case of De Jager v Netcare Limited & Others (42041/16) [2025] ZAGPPHC 141 (17 February 2025) the way forward for privacy law and litigation was outlined.

South Africa Privacy

Ai

Andersen in South Africa

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

South Africa Government

KL

Herbert Smith Freehills Kramer LLP

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

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

Section 7(3) of the Divorce Act 70 of 1979 provides a mechanism for the redistribution of assets upon divorce for marriages entered into before the Matrimonial Property Act of 1984.

South Africa Family

F

Fasken

Intersections Of Judicial Review And Internal Appeal Remedies In Administrative Law

How should courts balance a tailored statutory appeal with the broader scope of judicial review in administrative decisions? In Commissioner for the South African Revenue Service...

South Africa Government

FW

Fairbridges

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

The levies/taxes at issue were imposed on indigenous communities for different reasons, including for reporting a death in a family, relocation to another village, and the allocation of a residential stand.

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

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

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

South Africa Privacy

E

ENS

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

South Africa Government

E

ENS

Will The GNU Change The Future Of BEE?

South Africa Government

FW

Fairbridges

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 Government

AA

Adams & Adams

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

South Africa Government

E

ENS

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

South Africa Government

F

Fasken

The Limits Of Trade Union Representation

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

E

ENS

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

South Africa Tax

F

Fasken

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

South Africa Government

E

ENS

See more

Latest Videos

See more

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

E

ENS

Podcast | Cape Talk | Looking Ahead At State Capture Prosecutions

E

ENS

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More