Tag: Cliffe Dekker Hofmeyr

The Western Cape High Court recently delivered a decisive blow to a century-long patriarchal common law rule known as lex domicilii matrimonii. The ruling paves the way for a fairer future for women, same-sex and non-binary couples. A woman challenged the constitutionality of the common law rule. The rule relates to decisions based on a husband’s domicile when a couple marries.

After much anticipation, the Trusted Employer Scheme has reopened for corporate employers that wish to express their interest in being included in Phase II of the scheme. The Trusted Employer Scheme is an initiative that President Cyril Ramaphosa first announced during the South Africa Investment Conference in April 2023. The government introduced the scheme as part of a broader overhaul of South Africa’s work visa system.

South Africa’s growing water insecurity has moved from an environmental concern to a central economic and regulatory challenge. Deteriorating infrastructure continues to worsen the situation. Recurring supply disruptions also place strain on national systems. In addition, unlawful water use increases pressure on already limited strategic water resources. These factors together strain the country’s water governance framework.

In an article we wrote in July 2025, we highlighted key issues relating to the Employment Equity Amendment Bill. People commonly refer to this legislation as the Fair Pay Bill, which Build One South Africa (BOSA) proposed. On 30 April 2026, a Notice confirmed BOSA’s intention to introduce an updated version of the Bill in the National Assembly.

Over-indebtedness is becoming a pervasive issue in South Africa. It carries profound legal, psychological and social consequences. Beyond its clear economic impact, excessive debt has been linked to deteriorating mental health, impaired decision-making, and reduced functional capacity. These effects raise a critical question for employment law: to what extent can over-indebtedness constitute incapacity or serve as a mitigating factor in cases of employee misconduct?

It goes without saying, but South Africa faces a significant and concerning unemployment rate. The 2025 State of the Nation Address reiterated South Africa’s persistent employment challenges. In particular, the Quarterly Labour Force Survey reported an unemployment rate of 31.9% in Q4 of 2024.

The Department of Employment and Labour (DEL) has recently stepped up its inspection raids. These actions have attracted significant media attention. Most notably, these inspections have been prominent in the hospitality industry. As a result of these inspections, approximately 80 people working in restaurants across the country have been arrested.

On 28 June 2023, the High Court handed down a landmark judgment where the decision by the Minister of the Department of Home Affairs (DHA) not to extend the longstanding Zimbabwean Exemption Permit (ZEP) after 31 December 2021 was found to be invalid, unlawful, and unconstitutional.

On 29 November 2021, a directive was issued by the Director-General of the Department of Home Affairs (DHA) confirming cabinet's decision that, no further extensions would be granted to Zimbabwean nationals, who were holders of a Zimbabwean Exemption Permit (ZEP).

Discrimination based on one’s appearance is an ever-changing area of law that impacts employees and potential candidates worldwide. Subconscious appearance preferences that are founded on societal norms lead to employees and potential candidates being the subject of discrimination when they fail to meet certain, unilaterally imposed standards.