The 2026 ICC Arbitration Rules
What has changed, and what commercial parties should do about it The International Chamber of Commerce’s revised arbitration rules came into force on 1 June 2026 and apply to arbitrations commenced on or after that date, unless the parties have agreed to an earlier version. The ICC describes them as targeted updates to improve efficiency, […]
A Shoddy Appeal Record Comes at a Personal Price: The SCA’s Reminder in Sondhlane v LPC
The Supreme Court of Appeal has just reminded the profession that preparing a record on appeal is not a box-ticking exercise. In Sondhlane v The South African Legal Practice Council (082/2025) [2025] ZASCA 78 (25 May 2026), the Court refused condonation for an attorney’s late appeal, but it reserved a separate and pointed rebuke for […]
A Budding Industry in a Muddled Legal Landscape
What South Africa’s growing cannabis sector tells us about the gap between the market and the law South Africa’s annual cannabis expo has become a useful barometer. Each year the exhibitor list grows, cultivation technology, retail software, edibles, and now regional consultancies from as far afield as Zambia eyeing cross-border investment. Organisers report a meaningfully […]
Mutual Separation Agreement or Dismissal? Why a Signed Deal Can End the Story
A recent Labour Appeal Court judgment confirms that a valid mutual separation agreement means there is no dismissal under the LRA, even where retrenchment had been on the table. When does an employment relationship end by agreement, and when has the employee actually been dismissed? The distinction is not academic. If there is a dismissal, […]
Bitcoin Is Both Money and Capital: Exchange Control Catches Crypto
A note on Mangundhla and Another v South African Reserve Bank, Gauteng Division (Johannesburg), 1 June 2026 In a judgment delivered on 1 June 2026, the Gauteng Division of the High Court (Wilson J) held that cryptocurrency, at least in the form of Bitcoin, is both “money” and “capital” for the purposes of the Exchange […]
When the Machine Speaks: Cell Phone Records as Real Evidence
A note on Mohapi and Another v The State, Gauteng Local Division (Johannesburg), 21 May 2026 In a judgment handed down on 21 May 2026, the Gauteng Local Division of the High Court (Dosio J, with Moosa J and Cox AJ concurring) confirmed an important principle for any litigator who deals with telecommunications evidence: cell […]
Don’t Let the Clock Run Out: Protecting Your Business Claims Against Prescription
Few things are as frustrating for a business as discovering that a perfectly valid debt has quietly become unrecoverable, not because the debtor disputes it, but because too much time has passed. Under South African law, prescription does exactly that: after a fixed period, the law extinguishes the debt and, with it, your right to […]
Voetstoots, But Not Unprotected: What the Edan Traders Judgment Means for Suppliers Under the CPA
When a supplier sells goods to a consumer, the Consumer Protection Act 68 of 2008 (the CPA) does most of the talking, whatever the contract may say. A recent High Court decision in the Edan Traders matter is a useful reminder of just how far those statutory protections reach, and how little room a supplier […]
A Resolution Is Not a Blank Cheque: Director Authority, Board Mandates and the Risk to Counterparties in SACTWU v Sekunjalo
By Zurayda Mayet | Mayet & Associates Introduction A company speaks and acts only through people. That simple fact sits at the centre of one of the most practically important questions in commercial law: when a director puts pen to paper, has the company truly bound itself, or has an individual merely signed a document […]
The Companies Amendment Acts: A New Era of Pay Transparency and Director Accountability for South African Employers
The Companies Amendment Acts have reshaped South Africa’s corporate law landscape, and several of those reforms reach well beyond the boardroom into the workplace. Two developments stand out for employers. First, a new pay-disclosure regime turns a public spotlight on income inequality and compels transparency around remuneration in ways many companies have never had to […]