How to Turn a Trust Into a Tax Nightmare (And How Not To)
If trusts had a hall of fame for self-inflicted disasters, two things would be inducted immediately:badly drafted trust deeds and “we’ll sort the paperwork later” administration. Spoiler: later is now, and both the Master and South African Revenue Service are paying very close attention. Paperwork isn’t admin fluff, it’s the trust’s lifeline One of the […]
Your WhatsApp Voice Note Is Not a Will (No Matter How Clear It Was)
Every few months, the internet loses its mind over headlines announcing that an “electronic will has been declared valid by the High Court.” Cue panic, excitement, and at least one person thinking their Notes app is now a legally recognised estate-planning tool. Let’s calm down. Electronic wills are not suddenly legal in South Africa. They […]
Restraints of Trade Following Dismissal: Labour Appeal Court Reaffirms Employer Rights
Post-Employment Restraints Remain Enforceable Despite Dismissal for Misconduct In a significant late-2025 judgment, the Labour Appeal Court has clarified that an employer’s right to enforce a restraint of trade does not automatically fall away when an employee is dismissed for misconduct. The decision provides welcome certainty for employers seeking to protect confidential information, client relationships […]
South Africa’s National Minimum Wage Increased Effective 1 March 2026: What Employers Need to Know
Annual Adjustment to the National Minimum Wage The National Minimum Wage Act requires the Minister of Employment and Labour to adjust the National Minimum Wage (NMW) annually with due regard to economic conditions, inflation, the cost of living, wage inequality, employment implications and other socio-economic factors. For the year beginning 1 March 2026, the Minister […]
Constitutional Court Clarifies the Test for Third-Party Intervention in Large Merger Proceedings
Lewis Stores v Pepkor: A Major Reset in Competition Merger Jurisprudence In Lewis Stores (Pty) Ltd v Pepkor Holdings Ltd and Others [2026] ZACC 4, the Constitutional Court of South Africa delivered an important judgment reaffirming the proper test for third-party intervention in large merger proceedings and curbing appellate overreach into the discretion of the […]
Supreme Court of Appeal Virtual Hearings Directive (February–March 2026)
The Supreme Court of Appeal (SCA) has issued an urgent directive affecting all matters enrolled for hearing between 16 February 2026 and 6 March 2026, confirming that proceedings during this period will primarily be conducted virtually. The directive arises from a security upgrade at the SCA’s Bloemfontein premises and is intended to ensure the uninterrupted […]
Legal Compliance Framework for Reselling Cannabis Products in South Africa
South Africa’s cannabis regulatory landscape remains in a state of significant transition as of January 2026, presenting both opportunities and substantial legal risks for those seeking to resell cannabis products. The signing of the Cannabis for Private Purposes Act in May 2024 formally decriminalized private adult use, yet commercial trade in cannabis remains strictly prohibited […]
When Customary and Civil Marriages Collide: Section 10(2) of the Recognition of Customary Marriages Act Reconsidered
VVC v JRM and Others [2026] ZACC 2 Introduction In VVC v JRM and Others, the Constitutional Court of South Africa was called upon to confirm an order of constitutional invalidity granted by the High Court in respect of section 10(2) of the Recognition of Customary Marriages Act 120 of 1998. At the heart of […]
Supreme Court of Appeal Petitions and Section 17(2)(f) Reconsideration Applications
Expert Guidance on Supreme Court of Appeal Procedure Applications before the Supreme Court of Appeal (“SCA”) are highly technical and strictly regulated. Recent amendments to section 17(2)(f) of the Superior Courts Act 10 of 2013 have significantly altered the legal test applicable to SCA petitions and applications for reconsideration, making specialist guidance essential. Our firm […]
Supreme Court of Appeal Clarifies Electronic Service Requirements
1. What constitutes valid proof of electronic service? The Registrar of the Supreme Court of Appeal has made it unequivocally clear that, going forward, only two forms of proof will be accepted as primary proof of service where service is effected by email: Read receipts and acknowledgements of receipt are expressly downgraded and are no […]