Digital Expression and Legal Accountability: The Evidentiary Role of Social Media in South African Courts

The advent of social media has fundamentally reshaped modes of communication in the 21st century, influencing not only personal interaction and societal discourse but also judicial processes. Platforms such as Facebook, X (formerly Twitter), Instagram, TikTok, and WhatsApp have become repositories of information that increasingly find their way into legal proceedings. This article explores the […]

Supreme Court of Appeal Affirms Disqualification of Bidder to Safeguard Procurement Integrity

In a significant decision concerning public procurement standards, the Supreme Court of Appeal (SCA) recently upheld the disqualification of Aventino Ecotroopers Joint Venture (Aventino) from two high-value road maintenance tenders awarded by the Gauteng Department of Roads and Transport. The case highlights the discretion afforded to government departments in excluding bidders whose conduct may compromise […]

Director Removal and the Role of the MOI: Lessons from Ramela v Ndzunzu

A company’s Memorandum of Incorporation (MOI) is its foundational governance document. Yet, section 15 of the Companies Act 71 of 2008 makes clear that its provisions must not contradict the Act, and where inconsistencies arise, those conflicting clauses are unenforceable to the extent of the conflict. This principle was central to the Eastern Cape High […]

Traditional Healers and the Validity of Medical Certificates: Navigating Cultural Rights and Statutory Compliance in South African Labour Law

South Africa’s constitutional commitment to multiculturalism finds expression across diverse legal domains, including employment law. One particularly complex issue arises in the context of employee absenteeism based on illness or incapacity certified by traditional health practitioners. The key legal question is whether, and under what conditions, such medical certificates are enforceable under current statutory frameworks. […]

Understanding Residential Leases Under South African Law: What Landlords and Tenants Should Know

When dealing with residential lease agreements, getting to the right outcome often depends less on rigid answers and more on understanding the legal reasoning behind them. This overview outlines the relevant legal framework and offers practical insights for both landlords and tenants navigating fixed-term residential leases. Does the Consumer Protection Act (CPA) Apply to the […]

Franchise Law Compliance: Are Agreements Void if Statutory Information is Missing?

Navigating franchise regulations can be daunting, especially where the legal language is imprecise or ambiguous. A notable challenge lies in interpreting the wording of provisions such as Regulation 2(2)(b) under South Africa’s Consumer Protection Act (CPA), which lacks clarity on what level of detail is required to meet compliance. This uncertainty raises a critical legal […]

Reconceptualising Termination Without Cause: A Contractual Tool Within the Bounds of South African Law

Termination clauses that permit exit from contractual obligations without establishing fault, commonly referred to as no-fault termination clauses, are increasingly prevalent in contemporary commercial agreements. While such provisions may appear counterintuitive to traditional notions of contractual accountability, they serve a functional role in contexts where flexibility, commercial agility, and evolving operational demands necessitate mechanisms for […]

South Africa Edges Closer to Grey List Removal

South Africa has reached a significant milestone in its efforts to restore international financial credibility. The National Treasury has confirmed that the country has successfully implemented all 22 recommended actions outlined in the Financial Action Task Force’s (FATF) 2023 Action Plan, a pivotal development in its journey to be removed from the FATF grey list. […]

Revisiting the Recent Amendments to South African Company Law: Key Legislative Developments in the Companies Act

The statutory framework governing corporate activity in South Africa has undergone significant reform with the promulgation of the Companies Amendment Act and the Companies Second Amendment Act. These legislative instruments introduced several substantive changes to the Companies Act 71 of 2008 (“the Companies Act”), reflecting a broader effort to modernise corporate governance, clarify procedural mechanisms, […]