Unlawful Arrest, Detention and Defamation: Lessons from Jacobs v Minister of Police & Others (GJ, 12 June 2025)
The Gauteng Division of the High Court (Johannesburg) delivered judgment on 12 June 2025 in Jacobs v Minister of Police & Others, a civil action arising from an evening roadblock positioned outside a private residence in Kempton Park. The plaintiff, Mr Shaun Jacobs, arrived home on 1 March 2019 to find Ekurhuleni Metropolitan Police Department […]
South Africa’s Marriage and Divorce Laws Are Changing: What Couples Need to Know in 2025
South Africa is on the brink of a major overhaul of its marriage and divorce framework. Justice Minister Mmamoloko Kubayi has tabled the General Laws Amendment Bill, 2025, which will significantly affect how property is divided when a marriage or partnership comes to an end, whether through divorce or death. While the Bill is framed […]
Constitutional Court says husbands can now legally adopt wives’ surname: Jordaan and Others v Minister of Home Affairs
Overview On 11 September 2025, the Constitutional Court unanimously confirmed that section 26(1)(a)–(c) of the Births and Deaths Registration Act 51 of 1992 is unconstitutional because it differentiates irrationally and unfairly on the ground of gender. In plain terms: South Africa may no longer restrict post-marriage surname options to women only. Men, and spouses in […]
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 […]