Equality Court finds Julius Malema’s 2022 remarks were hate speech: what the judgment says and why it matters
On 27 August 2025, the Equality Court (Western Cape Division, Cape Town) handed down a reportable judgment in South African Human Rights Commission and Another v Julius Sello Malema and Economic Freedom Fighters (Case Nos EC 16/2022 & EC 17/2022), holding that parts of a 16 October 2022 speech by Mr Malema amounted to hate […]
Reconsideration of Dismissed Leave to Appeal Applications at the Supreme Court of Appeal
Litigants who have had their applications for leave to appeal dismissed by the Supreme Court of Appeal (SCA) are not without recourse. South African law provides a mechanism that allows such applicants to request that the matter be reconsidered, ensuring that procedural justice remains safeguarded. This article, prepared by Mayet & Associates, a leading Supreme […]
Cooling-Off Rights: Shielding South African Businesses from Aggressive Direct Marketing
A common scenario is unfolding across South Africa: a business receives a slick sales pitch over the phone or via email, promising “enhanced online visibility” or “priority listings.” Tempted by the offer, the business signs up, only to discover soon after that the service is vague, invoices arrive almost immediately, and any request for clarity […]
Remote Work and Retaliation: When an Instruction to Return to Office Becomes Unfair
In the recent Labour Court decision of Medici Energy (Pty) Ltd v Bennet NO and Others (LC) (unreported case no C89/2023, 21 May 2025, Leslie AJ), the court was asked to consider whether an employee’s dismissal for refusing to return to office was fair in circumstances where she had worked remotely for more than two […]
Constitutional Court Clarifies Trustee Decision-Making in South African Trust Law
On 1 August 2025, the Constitutional Court delivered a landmark ruling that has reshaped the legal landscape around trustee decision-making in South Africa. The judgment brought long-awaited clarity following the controversial Supreme Court of Appeal (SCA) ruling in Shepstone and Wylie Attorneys v Abraham Johannes de Witt N.O. and Others 2023 (6) SA 419 (SCA), […]
POPIA and Direct Marketing: What the Latest Guidance from the Information Regulator Means for Businesses
The Information Regulator of South Africa has released a Guidance Note on direct marketing under the Protection of Personal Information Act, 2013 (POPIA). This document clarifies how businesses may lawfully process personal information for unsolicited marketing purposes, whether through traditional channels (such as post or hand-delivered flyers) or digital platforms (such as SMS, email, and […]
High Court Dismisses Bid to Suspend Employment Equity Sectoral Targets
The Gauteng Division of the High Court has dismissed an urgent application brought by the National Employers’ Association of South Africa (NEASA) and Sakeliga NPC, who sought to halt the implementation of newly introduced sectoral numerical targets under the Employment Equity Act (EEA). Background Section 15A of the EEA, effective from 1 January 2025, empowers […]
Labour Court Confirms Dismissal for Petty Cash Misuse: Lessons on Trust and Dishonesty
On 29 August 2025, the Labour Court in Johannesburg delivered a judgment in JDG (Pty) Ltd t/a Hi-Fi Corporation v Shear & Others (JR1014/18), setting aside an arbitration award and upholding the dismissal of a senior sales manager who used company petty cash to purchase chocolates for personal consumption The Facts The employee, a branch […]
New Code of Good Practice on Dismissal: What Employers and Employees Need to Know
The Minister of Employment and Labour has officially issued a new Code of Good Practice: Dismissal, which was gazetted on 4 September 2025 (Government Gazette No. 53294). This Code replaces the earlier framework under Schedule 8 of the Labour Relations Act, 1995 and provides updated guidance on how dismissals must be handled in South Africa. […]
Understanding Rule 6 of the Tax Administration Act: Why Adequate Reasons from SARS Matter
The Right to Request Reasons South African taxpayers often face uncertainty when dealing with assessments issued by the South African Revenue Service (SARS). Rule 6 of the rules made under section 103 of the Tax Administration Act 28 of 2011 gives taxpayers the right to request reasons for an assessment before filing an objection. This […]