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This week’s edition references the Legal Sector Code published in terms of the B-BEE Act; new Court Directives; case law, including a groundbreaking judgment addressing the right of male spouses to assume the surnames of their female spouses. Also included are references to articles from various journals.
Our Legal Update provides a condensed version of the content available in our extensive subscription-based newsletters. For further details, please contact us at alert@lexinfo.co.za or visit our website at https://www.lexinfo.co.za/newsletters.
Sponsored Article |
Guest post by Caren Swanepoel Industrial Psychologists, 'Medical Negligence in South Africa's Public Health Sector: The Role of Industrial Psychologists as Earnings Experts'. Read here.
Case Summaries |
Reference summaries of the judgments handed down by the Constitutional Court and Supreme Court of Appeal during September 2024 here.
Attorney Alert: 23 and 30 September 2024 |
The edition of 23 September includes references to the Basic Education Laws Amendment Act 32 of 2024 published in the Government Gazette on 16 September 2024 and an article entitled South Africa has a new education law: Some love it, some hate it – Education expert explains why.
Also featured is the Legal Sector Code published in terms of the Broad-Based Black Economic Empowerment Act 53 of 2003.
Several judgments are referred to, including: Speaker of the National Assembly and Another v Women's Legal Centre Trust and Others (CCT 24/21) [2024] ZACC 18 (18 September 2024).
Also included are several articles, such as:
Denson, Razaana and Van der Walt, Glynis. Locus standi in iudicio – The right of a parent to claim maintenance on behalf of an adult dependent child: Z v Z 2022 (5) SA 451 (SCA). – 2024 45(1) Obiter p251
Nzimande, Minenhle Alfred; Denson, Razaana and Botha, Joanna. Should a company’s dignity be protected under section 10 of the Constitution? The question in Reddell v Mineral Sands Resources (Pty) Limited [2022] ZACC 38. – 2024 45(2) Obiter p492
The edition for 23 September to 30 September includes:
References to the following Government Gazette notices are included in this edition:
National Small Enterprise Amendment Act 21 of 2024: Sections 1, 2, 3, 4, 6, 7, 10(1), 10(3) to 10(9), and 11 will commence on 1 October 2024. Section 10(2) will commence on 1 December 2024. (Proc190 GG 51308 p3 27Sep2024)
National Youth Development Agency Amendment Act 11 of 2024 commenced on 18 September 2024. (Proc189 GG 51306 p3 27Sep2024)
Postal Services Act 124 of 1998. Draft Regulations on the Conveyance of Mail, 2024. Comments are invited by 29 November 2024. – GenN2764 GG 51316 p3 27Sep2024
The following Court Directives are also included:
Supreme Court of Appeal of South Africa. Practice Directive 1/2024. 25 September 2024. The main objective of this Practice Directive is to expedite the handling of all appeals and applications related to the Hague Convention on Civil Aspects of International Child Abduction.
Other content includes news on the new 5th edition of the Handbook of the South African Law of Maintenance by LexisNexis, as well judgments such as:
Democratic Alliance v Hlophe and Others and Related Matters (16170/2024; 16771/2024; 16463/2024) [2024] ZAWCHC 282 (27 September 2024): This case concerns an urgent court order to prevent impeached judge John Hlophe from participating in sittings of the Judicial Service Commission.
JJ and Others v Minister of Home Affairs and Another (3626/2024) [2024] ZAFSHC 286 (13 September 2024): This case addresses the right of male spouses to adopt the surnames of their female spouses.
Employment and Labour Law Alert: 30 September 2024 |
This week’s edition contains references to the latest Labour Appeal Court judgments:
Several recent High Court and Labour Court judgments are referred to, including:
Also featured are various journal articles, including:
Germishuys-Burchell, Wilhelmina. On collective bargaining, advisory arbitration and legal intervention: The 1995 Labour Relations Act as a product of criticism of the 1956 Labour Relations Act. – 2024 (27) Potchefstroom Electronic Law Journal
Hlwatika, Siphile. Salary deductions: Can employers resort to “self-help”? – 2024 45(2) Obiter p505
Insurance Law Alert: 1 October 2024 |
This week’s edition contains references to the latest Financial Services Tribunal decisions, including:
Boost Property Management CC v Mhlanga; Pension Funds Adjudicator; Gauteng Building Industry Provident Fund (Administered by Alexander Forbes Financial Services (Pty) Ltd) (PFA8/2024) (26 September 2024)
Kunene v Momentum Metropolitan Life Ltd (FSP29/2024) (27 September 2024)
Lukhele v iMas Insurance Brokers (FSP33/2024) (19 September 2024)
The following High Court judgment is also referred to:
Also featured is the following journal article:
Chitimira, Howard and Mavhuru, Luck. A comparative analysis of the design and implementation of the Twin Peaks model of financial regulation in South Africa and Australia. – 2024 (27) Potchefstroom Electronic Law Journal
Health Law Alert: 2 October 2024 |
This week’s edition contains references to various High Court judgments, including:
Media commentary regarding recent medical negligence cases is also included:
Seeletsa, Molefe. Woman loses R1.8m negligence case involving miscarried twins removed a month apart. [LLM v Minister of Health (CA365.2021) [2024] ZANWHC 247 (26 September 2024)] – 2024 Sep 27 The Citizen
Venter, Zelda. Hospital blamed for child’s cerebral palsy. [TB obo SN v Member of the Executive Council for Health: Mpumalanga (75413/2014) [2024] ZAGPPHC 928 (27 September 2024)] – 2024 Oct 1 Pretoria News
Also featured is the following journal article:
Brown Qunita et al. Trust as moral currency: Perspectives of health researchers in sub-Saharan Africa on strategies to promote equitable data sharing. – 2024 3(9) PLOS Digital Health
Energy Law Alert: 3 October 2024 |
This week’s edition contains news and analysis regarding Eskom's proposed electricity tariff increase; extradited former Eskom contractor Michael Lomas’s court appearance on fraud charges; and Dr Kgosientsho Ramokgopa’s ministerial engagement with the renewable energy sector.
Various High Court judgments are referred to, including:
Desert Oil (Pty) Ltd v OP Bathlaro Filling Station (Pty) Ltd and Others (2161/2024) [2024] ZANCHC 88 (18 September 2024)
Eskom Holdings SOC Ltd v City of Johannesburg Metropolitan Municipality and Others (2024/075944) [2024] ZAGPJHC 882 (6 September 2024)
Van Kerken v Eskom Holdings SOC Ltd and Another (3771/2024) [2024] ZAECMKHC 98 (5 September 2024)
Also featured is the following journal article:
Nzimande, Minenhle Alfred; Denson, Razaana and Botha, Joanna. Should a company’s dignity be protected under section 10 of the Constitution? The question in Reddell v Mineral Sands Resources (Pty) Limited [2022] ZACC 38. – 2024 45(2) Obiter p492
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Image design: Daniélle Geldenhuys
Date posted: 4 October 2024