South Africa: Trials & Appeals & Compensation

On the demand side, McKinsey expects a four-fold to six-fold increase in demand for African data centre capacity (to 1.5 to 2.2 GW) by 2030, which presents an investment opportunity of between...

The Labour Appeal Court (LAC) accepted that the employer had a genuine commercial rationale for restructuring but still found the dismissals substantively unfair because the employer could not defend the selection of the employees retrenched.

The Johannesburg High Court has published lead times for setting matters down for hearing, revealing significant delays across various case types. With opposed applications facing 18-week waits and long-duration trials not being heard until 2028, the bulletin raises questions about court capacity and potential solutions to address mounting backlogs.

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.

The Constitutional Court has delivered a useful judgment for municipalities, organs of state, and private service providers involved in outsourcing and insourcing arrangements.

The judgment of the Free State Division of the High Court, delivered on 19 March 2026, serves as a compelling reminder that the decisions of professional regulatory bodies are not beyond scrutiny. The case concerned a Rule 53 review application brought by the applicant, a qualified accountant and Associate General Accountant member of the South African Institute of Chartered Accountants (“SAICA”), against the decision of SAICA's Professional Conduct Committee (“PCC”).

The Labour Appeal Court (LAC) has confirmed that employees who deliberately refuse to comply with lawful and reasonable workplace instructions, and who participate in unauthorised gatherings on company premises, may be fairly dismissed for gross misconduct.

The Prevention of Organised Crime Act 121 of 1998 ("POCA") was enacted to tackle organised crime and cases of serious wrongdoing by individuals.

On 6 January 2026, the Pretoria High Court handed down a judgment in a case pertaining to insurance living annuity.