Desertion as Misconduct: The Labour Court Affirms Employer’s Right to Dismiss for Prolonged Absence Without Permission
In Sibanye Rustenburg Platinum Mines v Commission for Conciliation, Mediation and Arbitration and Others (JR 2227/21) [2025] ZALCJHB 207 (30 May 2025), the Labour Court revisited the legal character of desertion and clarified its treatment within the framework of misconduct in South African labour law. The judgment reaffirms the employer’s right to dismiss employees who […]
Distinguishing Leave from Special Leave to Appeal: The Supreme Court of Appeal Clarifies Procedural Nuance in Savannah Country Estate HOA v Zero Plus Trading
In the evolving jurisprudence of South African appellate procedure, the recent decision of the Supreme Court of Appeal (SCA) in Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd and Others [2024] ZASCA 40 provides critical guidance on the distinction between leave to appeal and special leave to appeal under the Superior […]
Supreme Court of Appeal Correspondent Services – Bloemfontein | www.mayet.law
At Mayet & Associates, we offer a specialised and highly responsive Supreme Court of Appeal (SCA) correspondent service from our strategically located office in Bloemfontein, South Africa. With years of experience in handling appeal matters and a deep understanding of the SCA’s procedural rules and practice directives, we are your trusted partner for all appellate-related […]
The Enforceability of Settlement Agreements: When Does Breach Become Contempt?
Settlement agreements, once made orders of court, possess a dual character, they operate both as a private contract and a binding judicial directive. This dual nature was sharply brought into focus in the Supreme Court of Appeal’s decision in Compensation Solutions (Pty) Ltd v The Compensation Commissioner and Others [2024] ZASCA 59, where the Court […]
Legal Status and Patrimonial Consequences of Muslim Marriages in South Africa: A Continuing Evolution
The legal recognition of Muslim marriages in South Africa remains a complex and evolving matter, situated at the intersection of constitutional rights, religious freedoms, and formal statutory frameworks. Despite incremental progress, key uncertainties persist, particularly regarding the patrimonial consequences of unregistered Muslim marriages and the enforceability of antenuptial contracts concluded in anticipation of a Shari’ah-compliant […]
Strategic Estate Planning as a Shield Against Personal Liability for Directors in South Africa
Estate planning is often viewed through the lens of succession and tax efficiency, yet for South African directors and professionals, it serves an even more critical function: legal risk management. While the doctrine of separate legal personality protects individuals from being personally liable for a company’s debts, this safeguard is not absolute. The law provides […]
Rule 56, Procedural Defaults, and the Pursuit of Fairness in Tax Litigation: Insights from the Virgin Mobile Judgment
In a significant decision with implications for tax litigation practice, the Supreme Court of Appeal (SCA) in Commissioner for the South African Revenue Service v Virgin Mobile South Africa (Pty) Ltd [2025] ZASCA 77 (4 June 2025) provided authoritative guidance on the relationship between Rule 56 of the Tax Court Rules and the requirement for […]
Reconsideration Applications under Section 17(2)(f) of the Superior Courts Act: A Shield Against Injustice, Not a Second Appeal
In South African appellate procedure, finality is a foundational principle. Yet, in rare and exceptional cases, our legal system recognises the need for a procedural safeguard to prevent grave injustice, even after a refusal of leave to appeal by the Supreme Court of Appeal (SCA). Section 17(2)(f) of the Superior Courts Act 10 of 2013 […]
Suing the Government in South Africa: What You Need to Know About the Notice Requirement
In South Africa, recovering money owed by the government is a legal right protected by the Constitution. Whether the debt arises from unpaid invoices, unfulfilled contractual obligations, or any other financial liability incurred by a government department or state-owned entity, the law provides a structured process for pursuing repayment. However, enforcing payment against the state […]
The 16 Billion Credential Mega-Leak: Legal and Cybersecurity Implications in a Post-Password Era
In what cybersecurity experts are calling the largest credentials leak in history, researchers have confirmed the exposure of more than 16 billion login credentials, including passwords from widely used platforms such as Apple, Google, Facebook, GitHub, and various government portals. This revelation eclipses earlier breaches, including the May 2025 report that already shocked the global […]