Tag: SouthAfricaLaw

Death has no diary. It does not wait for neat files, updated passwords, or family harmony. It arrives when it arrives. And when it does, the executor steps in. In theory, it is a straightforward appointment. In practice, it is anything but. I have seen firsthand how often people underestimate this role. Appointing an executor is not a box-ticking exercise. It is one of the most important decisions in an estate plan. Yet it remains one of the least interrogated.

For years, one question has shaped South Africa’s crypto debate. It sounds simple, but it carries major legal consequences. If bitcoin is bought in South Africa and moved to a wallet linked to an offshore custodian, has capital left the country? The latest High Court ruling brings that question into sharper focus. It shifts attention away from what Bitcoin is. Instead, it focuses on what Bitcoin can do.

The concept of insubordination means ‘refusal to obey a lawful and reasonable instruction’. Gross insubordination can be a ground for dismissal. However, the employer has the onus of proving that the act was, in fact, one of insubordination and that it was gross (very serious). An employer’s belief that insubordination has occurred can easily trigger an emotional response from the executive who issued the instruction.

The Labour Appeal Court (LAC) has handed down a significant decision addressing a question that many employers and legal practitioners regularly confront. Can a disciplinary chairperson reject a lenient sanction emerging from a plea-bargaining process? The LAC answered this question in South African Police Services vs Mkonto and Others. The judgment also highlights the limits of leniency within disciplinary proceedings.

When arbitrators and judges assess whether a dismissal was fair, they must apply the objective test. In simple terms, they must decide whether a reasonable person would conclude that the conduct justified dismissal. This assessment must remain unemotional and evidence-based. However, misunderstanding the objective test often leads to incorrect conclusions.

Two recent Tax Court judgments produced markedly different outcomes. These outcomes raised questions about condonation in the court. In particular, they highlighted uncertainty in how condonation principles apply. Practitioners often recognise this tension. However, case law rarely states it so directly.

What do vodka and pepper sauce have in common? Surprisingly, their packaging. In January 2026, the McIlhenny Company filed a lawsuit in a Texas federal court. It targeted Stoli Group (USA) LLC. The claim alleges that Stoli’s new “Halapeño Pepper” vodka infringes on TABASCO® pepper sauce trade dress. This marks the start of a spicy trade dress dispute.

On 6 January 2026, the Pretoria High Court delivered judgment in a case concerning an insurance living annuity. The matter involved competing beneficiary nominations made shortly before the deceased’s death. Importantly, it highlights the risks associated with beneficiary disputes in living annuities.

Public protest is a protected constitutional right in South Africa. However, when protest action moves into privately owned commercial environments such as shopping centres, different legal and risk considerations arise. In particular, protests inside shopping centres introduce complex liability questions.

One category of employees who are well protected under the Employment Equity Act (EEA) is those who are ill or injured. Employers cannot mistreat employees who are ill or injured. If they do, they risk serious consequences. This reality highlights the hidden cost of mistreating ill employees.