Legal Updates: 6 - 10 November 2023

The update includes a small selection of highlights from our paid subscription-based newsletters and latest blog posts. Email us at alert@lexinfo.co.za for further information.

Attorney Alert Issue 44: 6 November 2023

This week’s edition refers to judgments reported in the October 2023 edition of the South African Law Reports and several unreported decisions from the High Courts, Companies Tribunal, Competition Tribunal, Supreme Court of Appeal and Constitutional Court such as:

• Du Toit v Human NO and Others (3063/2023) [2023] ZAWCHC 270 (2 November 2023)

• Ex parte Minister of Home Affairs and Others; In re Lawyers for Human Rights v Minister of Home Affairs and Others (CCT 38/16) [2023] ZACC 34 (30 October 2023)

• Knoop NO and Others v National Director of Public Prosecutions (657/2022; 694/2022) [2023] ZASCA 141 (30 October 2023)

• Moloto v Pan Africanist Congress of Azania (1176/2019) [2023] ZASCA 140 (27 October 2023)

Also included are journal articles from the latest editions of De Rebus, Journal for Inclusive Public Policy and Law, Democracy and Development such as:

• Newaj, Kamalesh. Limitations on the rights of migrant workers: Is a compliant and consistent approach being followed? – 2023 (27) Law, Democracy and Development p304

• Sishi, Senamile and Nzimande, Nosiphiwo. Pacta sunt servanda is not a holy cow that can never be slaughtered. [Ndebele and Another v Industrial Development Corporation of South Africa and Others (21687/2021) [2023] ZAGPJHC 822 (25 July 2023)] – 2023 Nov De Rebus p29

• Sithole, Nondumiso. Coalitions in South African local municipalities: Is the Constitution enabling democracy or not? – 2023 3(2) Journal for Inclusive Public Policy p52

This edition also refers to the following new Parliamentary Bills:

• Adjustments Appropriation Bill 34 of 2023

• Eskom Debt Relief Amendment Bill 38 of 2023

• Rates and Monetary Amounts and Amendment of Revenue Laws Bill 35 of 2023

• Revenue Laws Amendment Bill 39 of 2023

• Tax Administration Laws Amendment Bill 37 of 2023

• Taxation Laws Amendment Bill 36 of 2023

Other highlights include the:

• Local Government: Municipal Structures Second Amendment Bill, 2023 (GN4030 GG 49603 p23 3Nov2023) which was gazetted for comments and the;

• Discussion Paper on the Development of a Framework for the Regulation and Supervision of Financial Benchmarks published by the Financial Sector Conduct Authority for comments by 14 December 2023.

For highlights from the month of October, click here.

Employment and Labour Law Alert: 6 November 2023

This week’s edition includes references to articles from the latest editions of De Rebus, Industrial Law Journal and Law, Democracy and Development such as:

• Basson, Yvette. Multiple discrimination experienced by women with disabilities in the workplace in South Africa. – 2023 (27) Law, Democracy and Development p214

• Daniels, Reynaud and Phillips, Jeremy. The deception of polygraph testing — As a test for deception. – 2023 44(10) Industrial Law Journal p2139

• Phungula, Simphiwe P. Breathalyser and laboratory blood samples as evidence for dismissal: A critical analysis of Samancor Chrome Ltd (Western Chrome Mines) v Willemse & others (2023) 44 ILJ 2013 (LC). – 2023 44(10) Industrial Law Journal p2151

• Mather, Nadine. Employment law update – The scourge of misrepresenting qualifications; Bad advice not a basis to set aside an agreement. – 2023 Nov De Rebus p34

The following gazette notice is included: Labour Relations Act 66 of 1995: Furniture Bargaining Council: Extension to Non-Parties of the Main Collective Amending Agreement. – RGN4026 GG 49596 p13 3Nov2023

Other highlights include Labour Court decisions such as Emlink and 4 Others v Matthee and 2 Others (103550/2023) [2023] ZAGPJHC (01 November 2023).

For highlights from the month of October, click here.

Insurance Law Alert: 7 November 2023

Tuesday’s edition contains a reference to the following business interruption case:

• Kaxu Solar One (RF) (Pty) Ltd v Santam Ltd (1301/2020) [2023] ZAWCHC 268 (1 November 2023)

The latest Financial Services Tribunal decisions are also included:

• Matoane v First National Bank a Division of FirstRand Bank Ltd (FSP17/2023) [2023] ZAFST 150 (30 October 2023)

• Michaels v Financial Sector Conduct Authority (A25/2023) [2023] ZAFST 151 (1 November 2023)

• Wilmic Trust v Riebeeckstad Makelaar CC and Others (A31/2023) [2023] ZAFST 152 (1 November 2023)

For highlights from the month of October, click here.

Health Law Alert: 8 November 2023

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

• Matthew Lani and the growing problem of fake doctors on social media;

• the effect of the conflict on the health system in the Gaza Strip;

• the High Court in Mautla and Others v Road Accident Fund and Others declaring reg 7(1) of the Road Accident Fund Regulations unconstitutional and invalid to the extent that it confers upon the RAF the right to amend or substitute the RAF1 Form;

• the plans to eliminate medical aid tax credits in order to help fund the NHI.

For highlights from the month of October, click here.

Energy Law Alert: 9 November 2023

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

• opposition by activists to TotalEnergies’ offshore drilling;

• reactions to Eskom's latest research on air pollution;

• the Competition Commission's recommendation that the Competition Tribunal approve the proposed transaction between Vitol and Engen;

• the deployment of the SANDF to combat illegal mining and safeguard power stations.

The following judgment is also included:

• Lueven Metals (Pty) Ltd v Commissioner for the South African Revenue Service (728/2022) [2023] ZASCA 144 (8 November 2023)

For highlights from the month of October, click here.

For questions or comments, email us: alert@lexinfo.co.za

Stay Informed. Stay Ahead. Stay Legal.

Published: 10 November 2023