Legal

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.

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.

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.

Artificial Intelligence (AI) should be embraced, but deception should not be, and South African businesses should understand that Europe’s AI rules may apply even if they have no office in Europe.

South Africa has been fighting corruption with legislation that, frankly, lacked teeth. The Prevention and Combating of Corrupt Activities Act 12 of 2004 (PRECCA) has long been the cornerstone of the country's anti-corruption framework - criminalising bribery, fraud and a broad range of corrupt conduct in both the public and private sectors. The law was there. The convictions, historically, were not. That is rapidly changing.

When a senior advisor or executive walks out the door, especially to join a competitor, your restraint of trade clause is often the only thing standing between you and serious commercial damage. Here is what recent South African case law tells us about what works, what does not and what you need to do now.

Contaminated land is rarely a contained technical problem. A site may have a defined boundary on a map. However, its risks can change as groundwater moves, land use shifts, climate conditions become less predictable and surrounding land uses change over time.

In March 2026, the South African Supreme Court of Appeal (SCA) handed down a significant decision in The Regents of the University of California & Others vs Eurolab (Pty) Ltd & Others. The case turned on a deceptively simple question: who is legally entitled to apply for a patent under South African law?

If there is one thing organisations know well, it is that disputes are expensive. The expense extends beyond legal fees. It also includes management time, damaged relationships and strategic distraction. A supplier dispute that should take weeks can consume months of senior attention. For multinationals juggling cross-jurisdictional matters, the logistical burden alone can dwarf the value of the underlying claim.

On 10 April 2016, the plaintiff was admitted to a private hospital complaining of pain in her left knee. Unbeknown to anyone at the time, the plaintiff had suffered a ruptured aneurysm in her popliteal artery. The rupture resulted in limited blood flow to her lower left leg.