Rewriting housing law can help address the land occupation crisis
The National Housing Act should be amended to address mass unlawful land occupation in South Africa. During my doctoral research in public law, I came to realise that the legal tools currently available are not working. The system is failing both landowners and the thousands of people occupying land unlawfully, not because they want to, but because they have no other choice.
New expropriation Act marks a transformative shift
On January 24, 2025, the country experienced a wave of mixed emotions. This followed the President’s signing of the contentious Expropriation Bill of 2020 into law as the Expropriation Act 13 of 2024. The President has not yet announced the commencement date. Consequently, the Act is not yet in force, and there is no indication of when this announcement will be made.
Mental health and misconduct – legal lessons for employers
World Day for Safety and Health at Work, celebrated on 28 April brings to attention the need for creating safe spaces in the workplace which include mental health and wellbeing. According to the South African Federation for Mental Health, about 13% of South African employees live with a diagnosed mental health condition. Interestingly, more than a third of working South Africans experience excessive daily stress.
Crypto regulation – should all tokens be equal in the crypto...
As of June 2024, the Financial Sector Conduct Authority (FSCA) has issued 138 crypto asset service provider (CASP) licences. With the rolling out of licences, the discussion around the crypto industry shifts. It now moves from whether crypto assets should be regulated, to more detailed topics around "what should be regulated?" and "how should it be regulated?"
Managing the third-party blind spot for DORA
The financial service industry is no stranger to stringent regulation. Unlike other sectors that have scrambled to comply with legislation such as NIS2, financial service organisations are comparatively pretty diligent when it comes to data resilience and cybersecurity.
Mandatory mediation to ease court backlogs
In a bold move to overhaul a justice system buckling under the weight of unprecedented gamesmanship by defendant counsel in delaying court dates, South Africa's high courts will institute mandatory mediation for civil cases before any trial dates are assigned. This sweeping directive was issued on 14 April and is slated to take effect in May 2025.
DNFBP compliance reporting critical for FATF alignment
Designated Non-Financial Businesses and Professions (DNFBPs) registered with the Financial Intelligence Centre (FIC) have shown positive efforts. Importantly, their commitment has significantly contributed to progress. And as a result, South Africa is now closer to exiting the Financial Action Task Force (FATF) grey list.
VAT input claims – a costly legal lesson
A recent Supreme Court of Appeal (SCA) ruling should deliver a stark warning to businesses claiming input Value Added Tax (VAT) deductions without a watertight legal foundation. In Aveng Mining Shafts & Underground v CSARS (1192/2023) [2025] ZASCA 20, the SCA sided with South African Revenue Service (SARS) and disallowed almost R17.5 million in VAT input claims.
Navigating fixed-term contracts – a word of caution for employers
In South Africa, labour law is designed to protect employees from unfair dismissal. The Commission for Conciliation, Mediation and Arbitration (CCMA) requires employers to tread carefully, especially when navigating fixed-term contract terms.
Wearable technologies in sports – performance vs protection
The global sports industry is worth over USD 400 billion. Athletes and players who compete at a professional level often perform under conditions of stress, overexertion and overtraining. To optimise their physical performance, the industry has adopted various technologies.