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.
Religion and workplace demands – employers must be crystal clear
In the coming weeks, South Africans of various faiths will observe significant religious holidays, including Easter. The tension between religious beliefs and workplace demands can cause issues for both employers and employees. These issues arise especially if job requirements are not explicitly and clearly stated in an employment contract.
The MHI regulations – reminder for compliance by duty holders
The Major Hazard Installation (MHI) Regulations were published in January 2023, replacing the 2001 MHI Regulations. We previously published an article outlining key timelines for compliance with the amended MHI Regulations. The MHI Regulations must be read alongside the published Explanatory Note, which provides guidance to duty holders on interpreting the MHI Regulations and ensuring compliance.
Processing personal information – is consent the fairest lawful justification?
For personal information to be processed lawfully and in a reasonable manner that does not infringe the privacy of the data subject, too often responsible parties are relying on consent of the data subject, which is only one of the six lawful justifications contemplated in POPIA.
Legal ethics and AI – avoiding fake case citations
As Artificial Intelligence (AI) continues to transform almost every aspect of modern life, including legal research, a recent High Court judgment again showed just how perilous blind reliance on AI can be. By citing non-existent case authorities, likely generated by AI, an attorney’s firm landed in hot water, racking up costs and facing a referral to the Legal Practice Council.
