Legal Updates 4 - 8 December 2023

Case Law - November 2023

View the summaries of the judgments handed down by the Constitutional Court and Supreme Court of Appeal during November 2023 here.

Attorney Alert Issue 48: 4 December 2023

This week’s edition features the summaries and links of 31 full-text judgments such as:

• the Pretoria High Court judgment declaring load shedding unconstitutional [United Democratic Movement and Others v Eskom Holdings SOC Ltd and Others (005779/2023) [2023] ZAGPPHC (1 December 2023)];

• the North West gambling levy case [Casino Association of South Africa and Others v Member of the Executive Council for Economic Development Environment Conservation and Tourism and Others (CCT 322/22) [2023] ZACC 39 (29 November 2023)];

• the Constitutional Court's interpretation of the Hague Convention’s article 13(b) in an international child custody case [Ad Hoc Central Authority for the Republic of SA and Another v Koch NO and Another (CCT 150/22) [2023] ZACC 37 (27 November 2023)].

Other highlights include:

• the progress report on state capture;

• and the Draft Regulations relating to the Conversion of Land Tenure Rights published in terms of the Upgrading of Land Tenure Rights Act 112 of 1991 (GN4119 GG 49787 p3 30Nov2023).

Highlights for November are available to view here.

Employment and Labour Law Alert: 4 December 2023

Monday's edition includes the following Gazette notices:

• Labour Relations Act 66 of 1995: List of bargaining councils accredited by the CCMA for the period 01 November 2023 to 31 October 2026. – GenN2211 GG 49791 p73 1Dec2023

• Public Holidays Act 36 of 1994: Declaration of the Fifteenth day of December 2023 as a public holiday throughout the Republic. – Proc143 GG 49773 p3 28Nov2023

Several Labour Court judgments are referred to including:

• Govender v Gauteng Provincial Government: Department of Roads and Transport (J677/23; J952/23) [2023] ZALCJHB 325 (24 November 2023)

• National Union of Food, Beverage, Wine, Spirit and Allied Workers (NUFBWSAW) obo Mhlambi v Coca-Cola Beverages South Africa (Pty) Ltd and Others (JR 1610/20) [2023] ZALCJHB 327 (23 November 2023)

• Phaladi v Afri Guard (Pty) Ltd (JS316/19) [2023] ZALCJHB 326 (20 November 2023)

• South African Transport and Allied Workers Union (SATAWU) obo Diveti v Bidvest Services (Pty) Ltd t/a Bidvest Prestige Cleaning Services (C162/2022) [2023] ZALCCT 64 (17 November 2023)

Highlights for November are available to view here.

Insurance Law Alert: 5 December 2023

Tuesday’s edition contains references to the following judgments:

• MWLM v OMM (73608/2019) [2023] ZAGPPHC 1936 (22 November 2023)

• Road Accident Fund v Sheriff of the High Court, Pretoria and Another (0114226/2023) [2023] ZAGPJHC 1336 (20 November 2023)

• SN obo AN v Road Accident Fund (749/2021P) [2023] ZAKZPHC 138 (16 November 2023)

Other highlights include the latest Financial Services Tribunal decisions:

• Hall v Alexander Forbes Financial Services (Pty) Ltd, Pensions Funds Adjudicator (PFA41/2023) (4 December 2023)

• Matthews v Pension Fund Adjudicator; Telkom (PFA52/2023) (30 November 2023)

Highlights for November are available to view here.

Health Law Alert: 6 December 2023

The latest edition includes information on issues such as:

• the Pretoria High Court's judgment in United Democratic Movement and Others v Eskom Holdings SOC Ltd and Others (005779/2023; 003615/2023; 022464/2023) [2023] ZAGPPHC 1949 (1 December 2023) ordering the Minister of Electricity to end load shedding for hospitals and clinics;

• World Rugby's statement on the pending court case over neurological injuries.

The following medical negligence and occupational health judgments are also included:

• AS v Member of the Executive Council, Department of Health KwaZulu-Natal (7630/2013P) [2023] ZAKZPHC 146 (28 November 2023);

• Felix v Department of Labour; the Compensation Commissioner (A210/2023) [2023] ZAWCHC 301 (28 November 2023).

Highlights for November are available to view here.

Energy Law Alert: 7 December 2023

This week’s edition includes information on issues such as:

• Exxaro winning a multi-year battle to evict a Mpumalanga family in Exxaro Coal (Pty) Ltd and Another v Sindane and Others (LCC66/2022) [2023] ZALCC 41 (30 November 2023);

• the latest developments in the fight against illegal mining;

• the Pretoria High Court's judgment in United Democratic Movement and Others v Eskom Holdings SOC Ltd and Others (005779/2023; 003615/2023; 022464/2023) [2023] ZAGPPHC 1949 (1 December 2023) ordering the Minister of Electricity to end load shedding for hospitals, schools and police stations.

Highlights for November are available to view here.

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Published: 8 December 2023