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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.

ZEP termination declared unconstitutional – what next for ZEP holders and...

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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.

Employment Equity Amendment Bill 2020 – employers must act swiftly

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The Employment Equity Amendment Act has been signed into law, which paves the way for setting enforceable numerical targets for employment equity for economic sectors and fining employers who are non-compliant

Certificates of need – the road to medical slavery and chaos

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The Certificate of Need (CON) provisions in the National Health Act 2003 will require doctors to apply for CONs for everything they do and plan to do, including opening a practice and medical equipment they want to use.

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