Tag: Constitutional Court

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 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.

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.

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.

On Friday 21 January 2022, the Commission for Conciliation, Mediation and Arbitration (CCMA) delivered a much anticipated first pronouncement on the fairness of a dismissal following an employee’s refusal to receive the COVID-19 vaccination.

On 12 November 2021, the Constitutional Court held in favour of mining employers in a historic secondary strike judgment (Association of Mineworkers and Construction Union and Others v Anglo Gold Ashanti Limited t/a Anglo Gold Ashanti and Others [2021] ZACC 42).

South Africa saw its most destructive riots in years this past July, ostensibly in response to former President Jacob Zuma's imprisonment and due to socio-economic factors. The Constitutional Court's sentencing of Zuma was widely hailed as a victory for the Rule of Law, but the commentariat in many cases remains blissfully unaware of its diagnostic blindspots.

Section 198A of the Labour Relations Act (LRA), also known as “deeming provision”, has been a contentious issue since it came into effect in 2015, and even more so since the Constitutional Court judgement around the Act in 2018. There are so many different interpretations of the law that it can be difficult to understand how to apply it to specific situations. Using a Temporary Employment Services (TES) Provider can further complicate matters, which makes it critical to have the right TES partner on board.

The Constitutional Court has handed down judgment in the case of Qwelane v South African Human Rights Commission and Another [2021] ZACC 22. This seminal judgment resolves the long-standing conundrum of: (i) whether or not section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) is constitutional; and (ii) how the provision should be interpreted in the adjudication of hate speech complaints.

A discussion about the early years of building South Africa’s Constitutional Court and what was required to establish its legitimacy and authority.