Tag: High Court

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.

A recent decision of the Supreme Court of Appeal (SCA) upholds the rights of dissenting minority shareholders in situations where a company intends to repurchase more than 5% of its issued shares of any particular class.

The employment of foreign nationals must not adversely impact the rights of unskilled South Africans and excluding South Africans from employment opportunities may constitute unfair discrimination. The recent High Court ruling confirmed that businesses who seek to employ foreign nationals must show that they have tried to train South African citizens to meet their needs when applying for corporate visas for foreign nationals.

Those entrusted with rendering justice on any level have a responsibility to ensure that they stay abreast of the latest developments in law. For this reason, judgments, and the precedents they inform, are of vital importance to practitioners of law.

Estate planning means making a plan for taking care of your nearest and dearest and dealing with everything you own and owe when you pass away. A will or testament is a legal document where you leave instructions on how you want your family to be taken care of, and who will inherit assets like property, jewellery, cars or investments that you own.

The Advertising Regulatory Board (ARB) is filing an appeal against a High Court ruling that has implications for the Board’s ability to promote responsible advertising and protect vulnerable groups. For years, many of our clients have turned to the widely accredited Code of Advertising Practice (the Code) to enforce their rights, especially when other available legislation, including common law rights, the Trade Marks Act and/or Copyright Act, are not able to provide appropriate relief.

Anton Piller orders are used to ensure that crucial evidence is preserved so that it can be used in judicial proceedings. Anton Piller orders are obtained without notice to the respondent (i.e. ex parte) due to the risk that such evidence will either be concealed or destroyed. As such, the Anton Piller is considered to be an extraordinary remedy.

The Johannesburg High Court discussed the balance between the constitutional right to freedom of expression and the required respect for inherent dignity ‘to all human beings’.

For many years, asylum seekers attempting to claim benefits from the Unemployment Insurance Fund (UIF) have routinely been turned away by the Department of Labour, despite having made contributions to the Fund during their employment.

Southern African tribunal and national courts uphold rights of Zimbabwe’s expropriated white farmers to receive compensation.