Legal

In a decisive move, the judiciary reaffirmed its role in safeguarding constitutional rights. The Gauteng Local Division of the High Court in Johannesburg recently issued an urgent interim relief order against the Gauteng Department of Health (GDoH) in a case of right to health enforcement.

Four years after a seemingly ordinary dinner ended in emergency surgery, the Western Cape High Court has served up a stern warning to the hospitality industry. If a hazardous object reaches a diner’s plate, negligence may be inferred unless the restaurant can prove otherwise.

In the dynamic landscape of workforce management, the concept of retirement age holds both rational and practical importance. For employers, understanding the legal framework is crucial. It helps ensure compliance and supports adaptation to evolving standards.

In the world of social media influencers and content creators, a face can sometimes be more valuable than gold. Through strategic commercialisation, public figures now build empires based on their identity. This is possible because of one powerful tool: image rights. To understand image rights, we must first understand the right to identity.

To have a chance of winning a case at the Labour Court, a party must present proof to the judge. In the case of Malekunutu vs Joburg Bolt (Lex Info 17 January 2025. Labour Court case number JR1806/21), the employee faced retrenchment. The employer claimed financial difficulties as the reason for this decision.

When an employee proves that their resignation was not voluntary but forced by the employer’s conduct, it becomes a constructive dismissal. In the case of Makombe vs Cape Conference of the Seventh Day Adventists (Lex Info, 28 March 2025, Labour Court case number CO4/2023), Makombe - a female pastor - raised several workplace complaints.

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.

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.

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. 

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?"