Beyond Decriminalisation: Towards a Regulatory Future for Cannabis in South Africa

1. Introduction: Constitutional Momentum Meets Legislative Delay The Constitutional Court’s 2018 judgment decriminalising the private use and cultivation of cannabis marked a turning point in South Africa’s approach to cannabis regulation. Rooted in the constitutional right to privacy, the ruling was widely seen as the precursor to broader reform. Yet, nearly six years later, the […]

Challenging Winding-Up Orders: Directors’ Standing and the Interplay Between Statutory and Common Law Remedies

The decision of the Supreme Court of Appeal (SCA) in Dr Waa Gouws (Johannesburg) (Pty) Ltd v HR Computek (Pty) Ltd and Others raises important questions concerning corporate capacity in liquidation. Specifically, it examines whether a company that has already been subjected to a final winding-up order may seek rescission of that order; whether such a challenge […]