Tag: Constitutional Court
ZEP termination declared unconstitutional – what next for ZEP holders and...
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
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
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.
Constitutional Court judgment – the use of replacement labour in response...
On 18 April 2023, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa (NUMSA) v Trenstar (Pty) Ltd (Trenstar). It had to consider the interpretation of section 76(1)(b) of the Labour Relations Act (LRA), which prohibits employers from using replacement labour during a lock-out unless the lock-out is in response to a strike.
SOEs don’t have to abide by B-BBEE – why preferential policies...
After years of sustained pressure especially from organisations like Sakeliga, the government relented in November last year and promulgated regulations stating that state-owned enterprises (SOEs) no longer have to comply with Broad-Based Black Economic Empowerment (B-BBEE), requirements when awarding government contracts.
Judge’s order strikes down law needed to implement NHI!
In June 2022, the Pretoria High Court declared the certificate-of-need (CON) provisions in the 2003 National Health Act to be invalid. Although this matter has received little attention in the press, the implications are far reaching for government’s proposed health reforms.
The preferential procurement regulations have changed
The Minister has gazetted new Preferential Procurement Regulations. This has a fundamental impact on how the tenders your business submits will be evaluated. In 2017, the Minister of Finance issued detailed Preferential Procurement Regulations in terms of the Preferential Procurement Policy Framework Act (Number 5 of 2000).
Unfair discrimination based on pregnancy
Unfair discrimination on the grounds of pregnancy is prohibited under South African law. Despite the protections afforded to employees who are pregnant, or who intend to become pregnant, and the many inroads South African labour legislation has made on gender equality, provisions and practical application may be inadequate.
CCMA speaks again on mandatory vaccination policies
Hot off the heels of a number of awards by the Commission for Conciliation Mediation and Arbitration (CCMA) which upheld mandatory vaccination policies in the workplace, the CCMA has recently declared mandatory vaccination policies to be unconstitutional.
Expropriation Bill unconstitutional in the absence of a constitutional amendment
The 1975 Expropriation Act authorises the Minister of Public Works to expropriate property for public purposes, and provides for the payment of compensation to the dispossessed owner, not exceeding the property’s market price, determined either by agreement between government and the owner, or by a court.
