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Electricity market transformation – key changes in the ERAA

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On 1 January 2025, the Electricity Regulation Amendment Act 38 of 2024 (ERAA) came into effect. This followed extensive stakeholder engagement and multiple draft iterations. The ERAA aims to bring change to South Africa's electricity sector. It continues the shift from Eskom's vertically integrated monopoly to the Transmission System Operator SOC Limited (TSO).

New minimum wage to boost worker income from 1 March 2025

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In a significant move aimed at improving workers' livelihoods across South Africa, the government announced a new minimum wage. This new wage will take effect on 1 March 2025. This change will impact a wide range of industries. Employers must familiarise themselves with the new regulations and ensure compliance.

Wanatu’s language policy – can an employer mandate a language?

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Wanatu's language policy requirement for proficiency in the Afrikaans language is central to their business model, and has sparked significant debate. Wanatu operates in Centurion and Pretoria. One of Wanatu’s key value propositions, as stated on its website, is “Restoring dignity in our communities' jobs in Afrikaans” (direct translation from the website).

Public liability insurance is not a free pass for careless behaviour

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Recently, the Johannesburg High Court dismissed a personal injury case against an institution. The court found no evidence of negligence or wrongdoing on its part. In recent years, South Africa has witnessed a growing trend of litigation.

Zero-tolerance policy – National Bargaining Council cannabis ruling

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In National Union of Metalworkers of South Africa obo Nyawuza / PFG Building Glass [2024] 6 BALR 595 (NBCCI), the National Bargaining Council for the Chemical Industry (NBCCI) considered an unfair dismissal dispute. The dispute concerned an employee who was dismissed for misconduct after testing positive for cannabis in his system.

Lessons from the US – timely disclosure in claims-made policies

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Can a professional services firm rely on a client’s assurance to avoid notifying its claims-made liability insurer of a claim? This question holds significant importance in claims-made professional liability insurance. The insured must disclose potential claims upon first becoming aware of an error or omission.

Gauteng’s judicial crisis – unblocking the backlog

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South Africa's Constitution is clear and unambiguous. Every person has the right to resolve disputes through the application of law. A fair and public hearing must adjudicate these disputes before a court or, when appropriate, an independent tribunal or forum. This right is more than a procedural safeguard; it is a core principle enshrined in the constitutional framework.

Employment contracts – legal clarity matters

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In Bithrey vs Department of Health, Gauteng (Lex Info, 7 October 2024, Case number JR1478/22, Labour Court), Bithrey worked as a registrar. The employer appointed her to perform clinical work at one of its hospitals. It also required her to enroll at Pretoria University for a period of five years.

Communal property associations reform

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Communal property associations reform aims to address longstanding governance challenges and enhance the effective management of community-owned land. The Restitution of Land Rights Act 22 of 1994 allowed individuals and communities to claim rights to dispossessed land. This dispossession occurred due to past racially discriminatory laws or practices.

Climate Change Act – a crucial catalyst for action

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Frequent and intense weather events and devastating effects of climate change are being experienced all over the world. According to the United Nations Development Programme (UNDP), over the past 50 years, extreme weather events have caused two million deaths and cost USD4 trillion in economic losses.

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