Legal

The Supreme Court of Appeal’s (SCA) decision in Msibithi Investments and Others v African Legend Investment and Others [2025] ZASCA 61 is a clear reminder that the power to declare a director delinquent under section 162 of the Companies Act 71 of 2008 (Companies Act) has real teeth.

Australia’s decision to ban children under 16 from social media, with Denmark eyeing similar measures for under-15s, has reignited a global debate about children, technology and harm. The political appeal is obvious: draw a clear line, claim protection and move on. But from a South African legal and policy perspective, this approach is both insufficient and misdirected. It treats children as the problem, rather than the digital systems that systematically fail them.

With effect from 22 April 2025, the Gauteng Division of the High Court introduced mandatory mediation before civil trials. As a result, parties must first undergo mediation before applying for a trial date. In practical terms, mediation is not optional in civil litigation within this division.

In a recent judgment, the Supreme Court of Appeal (SCA) reaffirmed the principles governing pleadings and settlement finality. The court focused on the withdrawal of admissions and compromise. In Road Accident Fund vs Sarah Wilson Lewis ([2025] ZASCA 174), the SCA confirmed the strict standards courts apply when parties seek to reopen settled issues. These standards protect the integrity of the litigation process.

Employers too often base appointment decisions on private agendas rather than employment policy. As a result, fairness to applicants suffers. Although management prerogative exists, the law limits its reach. It must operate within principles of reasonableness and fairness. Therefore, management decisions must rest on proven facts.

Health data is one of the most valuable assets in modern healthcare. The Protection of Personal Information Act (POPIA) places strict requirements on its use. POPIA compliance for health data is therefore critical for all healthcare stakeholders.

On 12 September 2025, the Labour Court handed down judgment in Nedbank Limited vs Olwage and Others. The court set aside an arbitration award that had found the dismissal of a former employee substantively unfair. The judgment provides critical guidance on how decision-makers should assess harassment allegations. It also clarifies the role of arbitrators. Importantly, it reinforces the need for a victim-centred lens.

South Africa's Constitution stands as a global pioneer. It was the first in the world to prohibit unfair discrimination based on sexual orientation. The Employment Equity Act of 1998 reinforces this protection and makes it illegal to discriminate against LGBTQIA+ individuals in the workplace. Understanding LGBTQIA+ in this context is essential for any employer committed to meaningful inclusion.

December is here, and malls and shopping centres are already overflowing with festive shoppers. The atmosphere feels lively, but it also becomes crowded. As foot traffic increases and trading hours extend, the risk in slip-and-fall claims rises significantly. Summer rains create wet floors. Staff misplace merchandise. Shoppers move quickly and often without caution.

Section 187(2)(b) of the Labour Relations Act (LRA) provides that a dismissal may be fair if the employee has reached the normal or agreed retirement age. This means termination based on the employee’s age might not constitute unfair discrimination if the employee has reached retirement age.This distinction is important. It is crucial when considering dismissals that occur after an employee has passed retirement age.