Legal Representation at the CCMA: What Employers Need to Know
The case of Fraser Alexander v CCMA provides important guidance on the limits of legal representation in proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA). It reinforces that even small procedural missteps can render an arbitration award invalid. What Happened in the Fraser Alexander Case In this matter, the arbitrator permitted legal representation […]
Arbitration Agreements in South Africa
The case of AIG South Africa Limited v Brian Molefe has clarified how South African courts approach arbitration clauses when issues of fairness and efficiency are at stake. While arbitration clauses are generally binding, this judgment demonstrates that courts will exercise their discretion to set aside arbitration agreements where strict enforcement would lead to injustice […]
Divorce in South Africa: Legal Grounds, Procedures, and What to Expect
When a marriage has reached a point of no return, South African law provides clear mechanisms for legally ending the union. The Divorce Act 70 of 1979 sets out the grounds for divorce in South Africa, and the court system plays a central role in ensuring the process is lawful, fair, and consistent. Unlike older […]
Workplace Relationships and Employer Liability
The Labour Court’s decision in Mediclinic Nelspruit (Pty) Ltd v Shiba and Others has placed workplace romances under the spotlight. The judgment serves as a cautionary tale for employers about the reputational, legal, and operational risks that can arise when personal relationships break down inside the workplace. Background: HR Professional Crosses the Line Charles Thamsanqa […]
Grandfather Clauses in Retrenchment: Lessons from AMCU v Aberdare Cables
In South African labour law, disputes over pay disparities often lead to claims of unfair discrimination. A recent case, AMCU obo Members v Aberdare Cables, illustrates how courts evaluate these claims, particularly when differences in wages are tied to collective agreements and not to protected grounds. The Dispute: New Hires on Lower Wages Following a […]
When Does a Trustee Mandate Expire? Insights from South African Case Law
In South African trust law, mandates are an essential mechanism that allow individuals, companies, or trusts to appoint an agent to act on their behalf. These instructions (commonly given to attorneys, financial advisors, or service providers) are particularly valuable when it is inconvenient or impractical for trustees or beneficiaries to act directly. For example, appointing […]
Labour Broking in South Africa: Who Is the Real Employer?
Temporary Employment Services (TES), more commonly known as labour broking, remain one of the most contested areas of South African labour law. These arrangements provide employers with staffing flexibility but raise serious questions about workers’ rights, employer accountability, and compliance with the Labour Relations Act (LRA) and Basic Conditions of Employment Act (BCEA). At the […]
Supreme Court of Appeal to Hear Crypto Assets Case After Leave Granted
On 17 September 2025, the High Court granted the South African Reserve Bank (SARB) and Deputy Governor Nomfundo Tshazibana permission to take their dispute with Standard Bank directly to the Supreme Court of Appeal (SCA). This follows the High Court’s earlier judgment in Standard Bank v South African Reserve Bank, which sparked significant debate over […]
Customary Marriages in South Africa: Identity Documents Alone Are Not Enough
The Supreme Court of Appeal (SCA) has once again clarified the requirements for proving a customary marriage in South Africa. In Tshivhase v Tshivhase N O and Another, the court stressed that an identity document cannot on its own validate a customary marriage. Instead, parties must produce proper evidence showing that the marriage was negotiated, […]
SARS Issues Mandatory VAT Apportionment Reporting Rules
The South African Revenue Service (SARS) introduced Binding General Ruling 16 (BGR16) Issue 3 on 27 November 2023, replacing Issue 2. This updated ruling outlines the standard turnover-based (STB) method used by vendors to determine their annual VAT apportionment ratio. Issue 3 applies to all financial years beginning on or after 1 January 2024 and […]