Absence Without Permission May Justify Dismissal: A Reaffirmation by the Labour Court

Employees are legally required to render their services to their employers. When they fail to do so, particularly without authorization, such conduct may amount to either misconduct or incapacity, depending on the context and circumstances. The Labour Court’s decision in Sibanye Rustenburg Platinum Mines v Commission for Conciliation Mediation and Arbitration and Others (JR 2227/21) […]

Authentic Goods Not Counterfeit, Rules the Supreme Court of Appeal

In a major decision clarifying the legal meaning of counterfeiting, South Africa’s Supreme Court of Appeal (SCA) has ruled that genuine designer products cannot be deemed counterfeit simply because they are imported without the consent of the local trademark holder. The case involved Yossi Barel, who owns the South African trademark registration for the Italian […]

Reclaiming Financial Control: Understanding South Africa’s Debt Review Process

Debt Counselling in South Africa: A Lifeline for Financially Stressed Consumers In an economy grappling with sluggish growth, elevated interest rates, and rising living expenses, a growing number of South Africans are relying on credit to survive. Unfortunately, this growing dependence on borrowed money has led to increased financial distress, with many households finding themselves […]

Labour Court Reinforces Validity of Restraint Clauses in Employment Contracts

In a pivotal judgment handed down by the Johannesburg Labour Court in SMD Technologies (Pty) Ltd v Tavares and Another ([2024] ZALCJHB 546), the Court reaffirmed that restraint of trade clauses, when reasonably framed, remain enforceable under South African labour law. The ruling serves as a critical reminder for both employers and employees about the […]

Kiss Cam Fallout: What the Coldplay Incident Teaches Employers About Reputational Risk

A playful “kiss cam” moment at a Coldplay concert recently escalated into a reputational crisis for Astronomer, culminating in the resignation of its CEO and speculation about the future of its Chief People Officer. While the events played out abroad, the fallout offers timely lessons for South African employers on how to handle public misconduct […]

Employment Equity Compliance: Setting Targets and Finalising Plans by 1 September 2025

On 15 April 2025, the Minister of Employment and Labour, Nomakhosazana Meth, announced two major regulatory developments in the Government Gazette that will significantly reshape South Africa’s employment equity compliance landscape: These changes apply across both public and private sectors and aim to accelerate transformation through measurable and sector-specific benchmarks. New Employment Equity Regulations: Key […]

Challenging a Tax Assessment in South Africa: Lessons from the ABSA Judgment

Navigating the process of challenging a SARS tax assessment is no simple task. The legal and procedural hurdles can be both intricate and daunting. This complexity is clearly illustrated in the recent Supreme Court of Appeal (SCA) decision in Commissioner for SARS v ABSA Bank Ltd and United Towers (Pty) Ltd, which sheds light on […]

Franchise Agreements: Essential Legal and Practical Considerations

Many franchisors assume that once a franchise agreement has been signed, especially when it includes all terms discussed during negotiations, the deal is ironclad. However, that is not always the case, there are several legal safeguards and obligations that can affect the enforceability of the contract, particularly under South African consumer protection law. Key Legal […]

The Legal Risks of Online Expression: Defamation in the Digital Age

In an era dominated by social media platforms such as Facebook, Instagram, and X (formerly Twitter), individuals frequently turn to these channels to share their views. However, many people mistakenly believe that expressing opinions online comes without legal consequences. This belief is misguided. South African defamation law applies equally to both online statements and those […]