Matrimonial property law – equality replaces an outdated rule
The Western Cape High Court recently delivered a decisive blow to a century-long patriarchal common law rule known as lex domicilii matrimonii. The ruling paves the way for a fairer future for women, same-sex and non-binary couples. A woman challenged the constitutionality of the common law rule. The rule relates to decisions based on a husband’s domicile when a couple marries.
Crypto crackdown – draft manual tightens cross-border controls
The South African Reserve Bank (SARB) and National Treasury published the draft Crypto Asset Manual for Cross-Border Activities for public comment on 3 August 2026. This marks a watershed moment for South Africa’s crypto asset holders and South African Authorised Crypto Asset Service Providers (CASPs). For the first time, cross-border crypto transactions will face a comprehensive regulatory framework with the force of law.
Sibling co-ownership disputes – not every inheritance is a gift
There is something wonderfully optimistic about the word inheritance. It carries a sense of something gained without effort, simply handed down. A holiday home by the sea. A share in a property. Perhaps an investment that has been in the family for years. Then comes the small print. The holiday house is shared with your siblings.
Tax deductibility – SCA rules on financing fees
On 7 September 2026, the Supreme Court of Appeal (SCA) handed down a significant judgment against the South African Revenue Service (SARS). The judgment confirmed that certain financing fees qualify for tax deductions under section 24J of the Income Tax Act, 58 of 1962.
Companies Amendment Act – changes and impact for companies and auditors?
The Companies Amendment Act provisions that took effect on 22 May 2026 introduce amendments to section 30 (annual financial statements), sections 30A and 30B (remuneration policies and remuneration reports), and section 166 (alternative dispute resolution) of the Companies Act 71 of 2008.
ICASA’s OTT inquiry – impact on telcos, broadcasters and streamers
The Independent Communications Authority of South Africa (ICASA) has launched a market inquiry (the Inquiry). The inquiry will investigate the impact of Over-The-Top Services (OTTs) on licensees in the telecommunications, broadcasting and postal sectors. The scope of the inquiry is broad. It could have significant implications for OTT service providers, telecommunications licensees and broadcasting licensees.
Tobacco Bill – are committee powers unconstitutional?
In May 2018, the Minister of Health published a draft Control of Tobacco Products and Electronic Delivery Systems Bill[1] in the Government Gazette[2] and invited interested persons to submit comments and representations on the draft Bill.[3]
Expropriation Act – why is the FMF challenging it?
Through its Rule of Law Project, the Free Market Foundation (FMF) participated as an amicus curiae (friend of the court). The constitutional challenge to the Expropriation Act ran from 3 to 7 August in the Western Cape High Court. AfriForum, IRR Legal and the Vaderland Stigting principally brought the substantive challenge. Meanwhile, the DA made a primarily procedural case. The FMF appeared alongside other civil society organisations participating in the proceedings.
Tobacco Bill – can an uncosted law be justified?
On 9 May 2018, the Minister of Health published in the Government Gazette a draft 2018 Control of Tobacco Products and Electronic Delivery Systems Bill and invited interested persons to submit comments on the Bill.
Firing illegal strikers can be unlawful
Chapter 4 of the Labour Relations Act (LRA), read together with item 6 of Schedule 8 of the LRA, effectively allows employers to dismiss employees who have embarked on an unprotected strike. However, the law makes it clear that an unlawful strike does not automatically give the employer a right to fire the strikers.
