Legal

On 6 August 2025, the cabinet approved the National Water Amendment Act to be tabled at Parliament. This will mark the third amendment to the National Water Act, 1998. The first amendment was in 1999, and the second in 2014. Across South Africa, the government is keenly aware of the issues facing the water sector and is taking decisive action.

When provident fund contributions are not paid, it is the beneficiaries who suffer the most. A reconsideration application before the Financial Services Tribunal confirmed that employers remain bound to honour their obligations. This applies regardless of the probationary status of employees or any transfer of business.

A recent decision from the United States Court of Appeals for the Seventh Circuit, in the matter between Hammond Power Solutions Inc. vs National Union Fire Insurance Co. (2025), provides important guidance on the interpretation of exclusions in commercial general liability (CGL) policies.

Regulation is meant to protect customers, curb risk and keep businesses accountable. However, too often, today’s laws do the opposite. They create impossible trade-offs, criminalise good-faith defenders and punish organisations that try to do the right thing.

While alcohol-related offences can sometimes merit dismissal, this is not always the case. For example, where the employee has clinically been shown to be an alcoholic, treatment rather than punishment should be implemented. This is due to the employee’s incapacity. However, incapacity is not the only factor that could render such a dismissal unfair.

The Supreme Court of Appeal’s recent decision in Assmang (Pty) Ltd vs The Commissioner for the South African Revenue Service (SARS) has sent a clear and sobering message to taxpayers. In tax law, substance always trumps form. While this principle is not new, its application in the context of diesel refunds highlights the immense peril taxpayers face. The Assmang diesel refund case illustrates this danger vividly.

South Africa’s long-awaited Administrative Adjudication of Road Traffic Offences (AARTO) system takes effect on 1 December 2025. It changes how every motorist and fleet operator manages traffic fines. We are warning drivers to prepare now for stricter unpaid fine penalties. Drivers must also be ready for the possibility of losing driving privileges under the new demerit system.

The High Court of South Africa, KwaZulu-Natal Local Division, Durban, recently delivered judgment. This follows a dispute concerning the supply of liquid petroleum gas (LPG). The Plaintiff, a supplier of LPG, had provided the product to the First Defendant over several years.

With the Financial Action Task Force (FATF)’s review imminent, the country faces more than the risk of remaining greylisted. Outdated and costly international money transfers undermine competitiveness, increase trade risks and deter investment. A month remains before the FATF’s follow-up site visit. This visit will decide whether the country is ready to be taken off the dreaded FATF greylist.

We have called upon Parliament to repeal the Expropriation Act of 2024. We also urge lawmakers to introduce a just and equitable land reform programme that adheres to both the text and the spirit of the Constitution. This is an essential step toward pursuing real land reform.