Tag: Webber Wentzel

The Supreme Court of Appeal’s recent decision in Assmang (Pty) Ltd vs The Commissioner for the South African Revenue Service (SARS) has sent a clear and sobering message to taxpayers. In tax law, substance always trumps form. While this principle is not new, its application in the context of diesel refunds highlights the immense peril taxpayers face. The Assmang diesel refund case illustrates this danger vividly.

The Department of Water and Sanitation (DWS) has highlighted that over the last decade, water infrastructure and supply services have deteriorated. South Africa’s water sector is now in crisis, highlighting the urgent need for strengthening water supply.

In meeting its policy commitments and addressing regulatory challenges posed by the rising prominence of non-bank payment operations, the South African Reserve Bank (SARB) published two draft documents in the first quarter of 2025. In their policy document, colloquially referred to as Vision 2025, the SARB presents its vision for modernising South Africa’s National Payment System (NPS).

The Department of Employment and Labour (DoEL) has published the Employment Equity Regulations, 2025 under the Employment Equity Act 55 of 1998 (EEA), as amended. This was published together with the notice identifying national economic sectors and determining the sectoral numerical targets, effective from 15 April 2025.

A recent Labour Court judgment confirms that where employers fail to properly address grievances or mitigate the cause of an employee’s complaint, a constructive dismissal claim may succeed. In Makombe vs Cape Conference of the Seventh Day Adventists and Others, the Labour Court found that a pastor employed by the Cape Conference of Seventh Day Adventists (Cape Conference) experienced constructive dismissal.

The Western Cape Division of the High Court recently delivered a significant judgment in Noluvuyo Simayile-Sigijimi vs Road Accident Fund. This case highlighted key issues of negligence and liability in pedestrian-related road accident claims.

Among the greatest threats facing infrastructure development today is climate change. To mitigate the associated risks for all sector stakeholders, we urgently need to make better use of modern technologies. We also need to establish contractual frameworks that are appropriately structured from the outset.

Four years after a seemingly ordinary dinner ended in emergency surgery, the Western Cape High Court has served up a stern warning to the hospitality industry. If a hazardous object reaches a diner’s plate, negligence may be inferred unless the restaurant can prove otherwise.

In the dynamic landscape of workforce management, the concept of retirement age holds both rational and practical importance. For employers, understanding the legal framework is crucial. It helps ensure compliance and supports adaptation to evolving standards.

As of June 2024, the Financial Sector Conduct Authority (FSCA) has issued 138 crypto asset service provider (CASP) licences. With the rolling out of licences, the discussion around the crypto industry shifts. It now moves from whether crypto assets should be regulated, to more detailed topics around "what should be regulated?" and "how should it be regulated?"