Tag: Constitutional Court

On 6 August 2025, the cabinet approved the National Water Amendment Act to be tabled at Parliament. This will mark the third amendment to the National Water Act, 1998. The first amendment was in 1999, and the second in 2014. Across South Africa, the government is keenly aware of the issues facing the water sector and is taking decisive action.

South Africa’s family law is set for a significant shift. The proposed amendments could impact how property and other assets are divided in the event of divorce or death, even when there is an antenuptial agreement in place. This is one of the most substantial adjustments seen in matrimonial property law in some time.

When an employee has been unfairly dismissed, the Labour Relations Act (LRA) prescribes reinstatement as the remedy. The employer can depart from this only if it shows good reason. Full reinstatement requires the employer to pay the employee all remuneration accrued between the date of dismissal and the date of reinstatement.

The Constitutional Court judgement in Greyvensteyn vs Commissioner for SARS and Others has been welcomed by South African Revenue Service (SARS)! Serving to reaffirm the constitutionality of SARS holding individuals personally liable for company debts, the Greyvensteyn judgement emphasises this point. It also supports SARS pursuing recovery from those persons. The judgement highlights the importance of tax revenue collection

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.

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.

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).

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.

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

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).