Labour Court Clarifies Jurisdiction in Cross-Border Employment Disputes
As the globalisation of workforces accelerates, disputes involving employees stationed abroad but employed by South African entities have raised complex jurisdictional questions. Until recently, South African labour forums such as the Commission for Conciliation, Mediation and Arbitration (CCMA) and bargaining councils faced uncertainty over whether they could hear matters where employees live or work overseas […]
Proposed CPA Amendments to Regulate Direct Marketing and Strengthen Consumer Privacy in South Africa
Proposed revisions to South Africa’s Consumer Protection Act (CPA) Regulations are poised to strengthen personal data privacy and tighten controls over unsolicited direct marketing. These changes, open for public comment until 15 January 2025, introduce an opt-out registry under the management of the National Consumer Commission, enabling consumers to block unwanted electronic marketing messages before […]
Proposed Draft Code of Good Practice on Dismissal: Key Refinements and Practical Implications for Employers
In January 2025, the Department of Employment and Labour released its Draft Code of Good Practice on Dismissal for public comment. This proposed framework aims to give employers and employees clearer direction on how dismissals should be handled, covering misconduct, incapacity, and for the first time dismissals arising from operational requirements. While the draft largely […]
A Comprehensive Guide to Trust Types and Their Uses in South Africa
In South Africa, trusts are widely used legal arrangements that can serve a range of personal, commercial, and philanthropic objectives. They are integral to strategies involving estate planning, asset protection, tax structuring, and succession management. Choosing the right type of trust requires an understanding of their distinct functions and benefits. A trust is a legal […]
The Corporate Veil in Business: Legal Protection and Grounds for Personal Liability
When launching a business, there are generally four primary legal structures to choose from, a sole proprietorship, a partnership, a close corporation, or a private company (proprietary limited), subject to a few specific exceptions. Each option comes with its own set of advantages and disadvantages, but one of the most significant benefits of operating as […]
Come Along and Tag Along Rights: Why They Matter in South African Private Companies
When establishing or exiting a private company in South Africa, shareholders often focus on profit forecasts and ownership percentages. However, one of the most critical and often overlooked considerations is the exit strategy. What happens if you want to sell your shares, or if another shareholder decides to sell? Two contractual tools, “come along” rights […]
High Court Rules Cryptocurrency Falls Outside Exchange Control Definitions of ‘Foreign Currency’ and ‘Capital’
A judgment of the High Court, delivered on 15 May 2025, addressed whether cryptocurrency qualifies as “foreign currency” or “capital” under South Africa’s Exchange Control Regulations, 1961. The decision has significant implications for financial institutions, corporate traders, and the Reserve Bank’s enforcement powers. Case Background The dispute arose from events involving Leo Cash and Carry […]
Constitutional Court Confirms: Majority of Trustees Can Bind a Trust
On 1 August 2025, the Constitutional Court delivered a landmark judgment that decisively clarified how decisions may be taken in the administration of a trust. The ruling addressed a legal uncertainty that had lingered since a controversial Supreme Court of Appeal (SCA) judgment in Shepstone and Wylie Attorneys v Abraham Johannes de Witt N.O. and […]
Subcontracting Agreements in South Africa: Key Components for Enforceability
A well-drafted subcontracting agreement is the foundation for successful collaboration between a main contractor and a subcontractor. In South Africa, these agreements must balance clear definitions of the parties’ obligations with compliance to statutory and regulatory requirements. Getting the essentials right reduces the likelihood of disputes, ensures timely delivery, and maintains financial stability in projects […]
From Exceptional Circumstances to Grave Injustice: The New Scope of Section 17(2)(f)
The 2024 amendments to section 17(2)(f) of the Superior Courts Act 10 of 2013 have prompted an important question: can litigants still rely on this provision to seek reconsideration of a refused petition for leave to appeal? Understanding the Original Framework Under the previous wording of section 17(2)(f), a litigant whose petition to the Supreme […]