Legal

What do vodka and pepper sauce have in common? Surprisingly, their packaging. In January 2026, the McIlhenny Company filed a lawsuit in a Texas federal court. It targeted Stoli Group (USA) LLC. The claim alleges that Stoli’s new “Halapeño Pepper” vodka infringes on TABASCO® pepper sauce trade dress. This marks the start of a spicy trade dress dispute.

The 2026 Budget Speech, delivered by Finance Minister Enoch Godongwana in February 2026, has generally been described as a “good news” budget. At a macro level, the strides toward fiscal consolidation are notable. Additionally, the increase in VAT for Small and Medium Enterprises (SMEs) reflects a shift in revenue strategy. These developments support key socio-economic measures, including employment.

On 6 January 2026, the Pretoria High Court delivered judgment in a case concerning an insurance living annuity. The matter involved competing beneficiary nominations made shortly before the deceased’s death. Importantly, it highlights the risks associated with beneficiary disputes in living annuities.

Public protest is a protected constitutional right in South Africa. However, when protest action moves into privately owned commercial environments such as shopping centres, different legal and risk considerations arise. In particular, protests inside shopping centres introduce complex liability questions.

One category of employees who are well protected under the Employment Equity Act (EEA) is those who are ill or injured. Employers cannot mistreat employees who are ill or injured. If they do, they risk serious consequences. This reality highlights the hidden cost of mistreating ill employees.

South African environmental law is undergoing a decisive shift. This shift affects how climate change considerations are integrated into environmental authorisation (EA) decision-making. Courts increasingly recognise climate change as a material factor within the “need and desirability” assessment under the National Environmental Management Act 107 of 1998 (NEMA).

The South African media have recently reported growing concern within SARS about the online promotion of so-called “luxury dupes”. Dupes are short for “duplicates” and represent products that mimic well-known luxury brands and are often promoted on TikTok, Instagram and other social platforms, but at a fraction of the price.

The recent Eastern Cape Division of the High Court judgment in N[...] v Member of the Executive for the Department of Health, Eastern Cape serves as a critical reminder of the intricacies surrounding prescription in medical malpractice claims. This is particularly relevant where the claimant is a layperson with limited medical knowledge.

The Labour Appeal Court decision in Backsports (Pty) Ltd vs Motlhanke and another offers a useful reminder. Dismissal does not mark the end of an employer’s rights. This remains true where a restraint of trade was carefully agreed and clearly breached. For employers, the judgment reinforces several important lessons about enforcement, evidence and the limits of sympathy-based reasoning. In other words, it offers clarity in disputes that often resemble the fired and the furious, where emotions run high after termination.

Over the last several decades, governments worldwide have pushed strongly to regulate tobacco and tobacco products. Their goal is to reduce tobacco consumption. These efforts increasingly focus on stricter rules for cigarette packaging and related marketing practices. Beyond standardised packaging, governments now introduce complementary policies.