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Public interest and privacy – navigating constitutional rights

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There is a complex relationship between privacy and freedom of expression. Both rights are enshrined in the South African Constitution and are essential to a democratic society. The right to privacy safeguards personal autonomy by protecting individuals from undue intrusions into their private lives. Freedom of expression, on the other hand, promotes open debate and the sharing of information, which are vital for democracy.

SARS targets tax practitioners for clients’ tax debts

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The Supreme Court of Appeal has backed Commissioner Kieswetter and issued a stern warning to all South Africans to refrain from assisting others in evading their tax obligations. Where you are caught, South African Revenue Service (SARS) will go after your personally. This is now settled law in South Africa and directors or companies, tax advisors, lawyers, accountants, or even payroll professionals can find themselves on the hook.

Constitutional Court judgment on economic substance

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To the relief of Coronation Investment Management SA (Coronation), the Constitutional Court has overturned the Supreme Court of Appeal’s (SCA) judgment in favour of the South African Revenue Service (SARS).

Amending the NHI – a complex process beyond government’s narrative

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The recent statements by ANC parliamentary chief whip Pemmy Majodina regarding the National Health Insurance (NHI) bill's ‘amendability’ have highlighted a significant misunderstanding of the law making process. Majodina's assurance that the bill can be amended if necessary, simplifies a complex legislative and judicial process.

Stamping out racially charged misconduct

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A recent Labour Court judgment reaffirms the court's position to support employers that dismiss employees for racial misconduct, whether casual or brazen.

The NCOP passed the cannabis for private purposes bill

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In a move that could serve as catalyst for the reshape of South Africa's cannabis landscape, the National Council of Provinces (NCOP) recently passed the Cannabis for Private Purposes Bill [B 19B-2020] (the Bill).

Are midstream reviews of proceedings at an investigative stage permissible?

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Jean-Paul Rudd | Partner | Adams and Adams | mail me | An appeal serving before a full bench in the High Court of South Africa, Gauteng Division, Pretoria...

Weasel clause or protector of freedom?

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Written constitutions are meant to limit government scope and power. Bills of rights are meant to safeguard individual freedom from government overreach. This is as true in South Africa as it is anywhere else. Does the South African Constitution have a provision that allows government to ‘weasel’ its way out of strictly recognising and protecting our rights, or have we misconstrued section 36 entirely?

The constitutionality dilemma regarding Regulation 7 to RAF Act, as amended

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The Constitution of the Republic of South Africa, in its supremacy status, requires all three arms of the State, (i.e., the legislature, the executive and the judiciary) to adhere to, and uphold all its principles. There is a need to discuss the principle of separation of powers as enshrined in the constitution, with regards to Regulation 7 to Road Accident Fund Act 56 of 1996, as amended.

Phala Phala saga and the public interest override

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The recent Constitutional Court ruling in Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Service puts pressure on President Cyril Ramaphosa to reveal the tax records of the Tshivhase Trust, owner of Phala Phala.

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