Legal

South Africa's agribusiness sector offers substantial investment and entrepreneurial opportunities. Securing capital is often critical for agricultural projects. However, the fundraising process involves meeting sector-specific legal and regulatory requirements that distinguish it from other commercial financing.

The Essential Services Committee (ESC) has published a notice in terms of section 71, read with section 70(B)(1)(d) of the Labour Relations Act No 66 of 1995 (LRA). The notice announces an investigation into whether certain aviation services should be designated as essential services. The ESC published the notice on 23 January 2026. It arrives at a volatile moment for South Africa's aviation industry.

On 22 December 2025, the KwaZulu-Natal High Court delivered an important judgment in The National Ports Authority, a division of Transnet (SOC) Ltd vs The Owners and Underwriters of the MV Smart [Case No. A 11/2016]. The court directed that a substantial body of documents produced in confidential London arbitration proceedings be disclosed for related litigation in South Africa. This ruling confirms that the High Court compels disclosure even in cross-border arbitration contexts.

The Basic Conditions of Employment Act (BCEA) entitles employees to certain minimum rights. These rights include remuneration for work done, leave and lunch breaks. Where the Department of Employment and Labour (DOEL) finds that an employer breaches an employee’s rights, it may issue a Compliance Order. The Labour Court can enforce this order. Non-payment of commission can also trigger regulatory and legal scrutiny.

The Compensation for Occupational Injuries and Diseases Act (COIDA) underwent significant amendments affecting employers and employees. On 23 January 2026, President Cyril Ramaphosa fixed commencement dates for most provisions. Selected sections were deferred to 1 February 2026 and 1 April 2026.

South Africa has officially adopted the 13th Edition of the Nice Classification (NCL 13-26) with effect from 1 January 2026. The World Intellectual Property Office implemented this edition on the same date. The Companies and Intellectual Property Commission (CIPC) gave notice through Practice Note 3 of 2025, published on 9 December 2025. The notice confirms that the updated classification applies to all trademark specifications from 1 January 2026.

In a world where love knows no borders, the law still does. For same-sex couples in South Africa, the journey toward equality has included landmark legal victories. These range from the legalisation of same-sex marriage to the recognition of life partnerships in inheritance law. However, one critical factor still shapes how estates are distributed. That factor is domicile.

The Supreme Court of Appeal (SCA) has delivered a judgment that reinforces SARS’ strict stance on understatement penalties and estimated assessments. The ruling confirms the South African Revenue Service (SARS)’s authority when taxpayers fail to provide accurate information. SCA confirms SARS’ firm approach to enforcement and compliance.

In South Africa, the Protection of Personal Information Act (POPIA) is reshaping how organisations handle personal data, both locally and across borders. For businesses operating internationally, the challenge extends beyond compliance. They must also reconcile POPIA with global standards such as the EU’s General Data Protection Regulation (GDPR).

Unprotected strikes will often merit dismissal where the employer has not provoked them. However, even in the absence of provocation, dismissal may still be unfair. This distinction is critical for employers navigating strike-related discipline. One factor that can bedevil an employer’s case is inconsistency in the decision to dismiss.