Featured in the final 2024 edition of our weekly Legal Updates are the commencement dates for the Correctional Services Amendment Act 14 of 2023, the Electronic Deeds Registration Systems Act 19 of 2019, and the Employment Equity Amendment Act 4 of 2022. This edition also includes several references to new judgments and articles on topics such as the Amarula trademark battle, birth injuries, and emission reporting for electricity usage.
The next edition will be published on 10 January 2025.
Thank you for your continued support and engagement. We look forward to bringing you more insightful updates in the coming year. Wishing you a joyful holiday season and a prosperous New Year!
Case Law: November 2024 |
View summaries of the judgments handed down by the Constitutional Court and Supreme Court of Appeal during November 2024 here.
Attorney Alert: 2 December 2024 |
The commencement dates for the following legislation have been announced and published:
Correctional Services Amendment Act 14 of 2023: Commencement on 1 December 2024. – Proc232 GG 51689 p3 29Nov2024
Electronic Deeds Registration Systems Act 19 of 2019: Commencement of sections 4 and 5 on 2 December 2024. – Proc230 GG 51655 p3 26Nov2024
Employment Equity Amendment Act 4 of 2022: Commencement of sections 1, 8, 14, 15A, 16, 20, 21, 27, 36, 37, 42, 53, 64A and Schedule 4 on 1 January 2025. – Proc231 GG 51684 p3 28Nov2024
This edition also features news about the fifth edition of South African Family Law by Jacqueline Heaton and Hanneretha Kruger, published by LexisNexis and the following draft regulations:
Electronic Deeds Registration Systems Act 19 of 2019: Draft Electronic Deeds Registration Systems Regulations. Comments invited within 30 days of publication. – GN5599 GG 51687 p3 29Nov2024
National Land Transport Act 5 of 2009: Draft Second National Land Transport Regulations, 2024. Comments invited within 30 days of publication. – GenN2861 GG 51657 p265 29Nov2024
Several articles and judgments are also referenced, including:
Akbar, M. Fabian and Genovés, Manuel Beltrán. South Africa sues International Court over Israel's Palestinian genocide under international law. – 2024 6(2) Lampung Journal of International Law
Dinnie, Donald. The critical role of the McRobert’s manoeuvre in preventing birth injuries. [NZ v Member of the Executive Council for Health: Western Cape (8734/2017) [2024] ZAWCHC 349 (1 November 2024)] – 2024 Nov 29 Norton Rose Fulbright: Financial Institutions Legal Snapshot
Platinum Wheels (Pty) Ltd v National Consumer Commission and Another (612/2023) [2024] ZASCA 163 (29 November 2024)
Preller, Bertus. Amending divorce pleadings: [RVB v JVB (A92/2024) [2024] ZAFSHC 378 (19 November 2024] opens door for redistribution claims. – 2024 Nov 29 Family Laws South Africa
Venter, Zelda. Amarula wins trademark battle. [Southern Liqueur Company Ltd v Noble Spirits (Pty) Ltd (7243/2021) [2024] ZAWCHC 387 (21 November 2024)] – 2024 Nov 28 Cape Times
Visser, C.J. Transformative constitutionalism and the fault requirement of the common law of personality. – 2024 (57) De Jure Law Journal p142
Employment and Labour Law Alert: 2 December 2024 |
Monday’s edition contains a reference to the following Government Gazette notice:
Employment Equity Amendment Act 4 of 2022: Commencement of sections 1, 8, 14, 15A, 16, 20, 21, 27, 36, 37, 42, 53, 64A and Schedule 4 on 1 January 2025. – Proc231 GG 51684 p3 28Nov2024
The latest Labour Appeal Court judgments are featured:
Department of Correctional Services v General Public Service Sectoral Bargaining Council and Others (JA11/2023) [2024] ZALAC 59 (18 November 2024)
Le Grange v Visser t/a Skukuza Medical Practice and Another (JA101/2022) [2024] ZALAC 61 (18 November 2024)
Transnet Freight Rail v Mashaba and Others (DA17/2023) [2024] ZALAC 58 (18 November 2024)
Tshabalala v Moqhaka Local Municipality and Another (JA88/2024) [2024] ZALAC 60 (21 November 2024)
Various recent High Court and Labour Court judgments are referred to, including:
Also included is the following journal article:
Ebrahim, Shamier. Can a successor comparator be used in an equal pay claim under section 6(4) of the EEA? – 2024 (57) De Jure Law Journal p169
Insurance Law Alert: 3 December 2024 |
This week’s edition contains references to the following High Court judgments:
MDL v Liberty Group Ltd (3387/2023) [2024] ZAECQBHC 70 (19 November 2024) (concerning the repudiation and cancellation of a salary protection policy)
Mnguni v Government Employees Pension Fund (20042/2021) [2024] ZAGPPHC 1175 (22 November 2024) (an application for an order directing the respondent to pay the applicant 50% of the pension interest of the deceased member)
The following article is featured:
Dinnie, Donald. Defective workmanship exclusions and the danger of a stated case. [Ngqeleni v OUTsurance Insurance Company Ltd (EL933/2022) [2024] ZAECELLC 44 (14 November 2024)] – 2024 Nov 29 Norton Rose Fulbright: Financial Institutions Legal Snapshot
This edition also refers to the latest Financial Services Tribunal decisions, including:
Reddy v Naidoo and Others; Ensimni Administration Services (Pty) Ltd; Imraan Textile Mills (Pty) Ltd; Textile Industry Provident Fund; Pension Funds Adjudicator (PFA52/2024) (25 November 2024)
Sayed v Old Mutual Superfund Provident Fund; Singh-Sewdial and Another; Pension Funds Adjudicator (PFA22/2024) (29 November 2024)
Health Law Alert: 4 December 2024 |
Wednesday’s edition contains references to the following High Court judgments concerning medical negligence:
The following articles are also featured:
Dinnie, Donald. The critical role of the McRobert’s manoeuvre in preventing birth injuries. [NZ v Member of the Executive Council for Health: Western Cape (8734/2017) [2024] ZAWCHC 349 (1 November 2024)] – 2024 Nov 29 Norton Rose Fulbright: Financial Institutions Legal Snapshot
Venter, Zelda. Family sues manufacturer after ethanol gel explosion injures them. [Pieterse and Others v Organic Synthesis (Pty) Ltd and Another (61861/2017) [2024] ZAGPPHC 1195 (14 November 2024)] – 2024 Dec 2 Pretoria News
Energy Law Alert: 5 December 2024 |
Yesterday’s edition features the following articles:
Bunting, Alysa; Pienaar, Alecia and Young, Alistair. Newly released 2022 Grid Emission Factors Report: A guide to accurate emission reporting for electricity usage. – 2024 Nov 28 Cliffe Dekker Hofmeyr
Louw, Heinrich and Erasmus, Petr. Can SARS limit access to a taxpayer’s premises when carrying out an inspection? [Alliance Fuel (Pty) Ltd and Another v Commissioner for the South African Revenue Service (2024/084746) [2024] ZAGPJHC 1044 (15 October 2024)] – 2024 Nov 28 Cliffe Dekker Hofmeyr
The following High Court judgment is also included:
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Image design: Daniélle Geldenhuys
Date posted: 6 December 2024