This week’s Legal Update references the Legal Market Remuneration Report; several Public Protector Reports; judgments handed down by the Constitutional Court, the Supreme Court of Appeal and the Labour Appeal Court. The NERSA Annual Report for 2023/24 is also included.
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Attorney Alert: 7 October 2024 |
Topics and content covered in this edition include:
The following Constitutional Court decisions are included:
Greater Tzaneen Municipality v Bravospan 252 CC (CCT 342/22) [2024] ZACC 20 (2 October 2024)
President of the Republic of South Africa v Sigcau and Others (CCT 282/22) [2024] ZACC 21 (3 October 2024)
Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 (2 October 2024)
Several reports released on 30 September 2024 by the Public Protector are referenced, including one investigating allegations of improper conduct and delays by the Department of Correctional Services and its former Deputy Minister relating to Thabo Bester’s escape from the Mangaung Correctional Centre.
Employment and Labour Law Alert: 7 October 2024 |
This week’s edition contains a reference to the latest Labour Appeal Court judgment:
Several recent Labour Court judgments are featured, including the following relating to dismissals:
Arunachellam v Woolworths (Pty) Ltd and Others (D217/2020) [2024] ZALCD 35 (26 September 2024)
Kijima Construction v National Union of Mineworkers (NUM) and Others (JR2212/22) [2024] ZALCJHB 364 (10 September 2024)
National Union of Food, Beverage, Wine, Spirits and Allied Workers (NUFBWSAW) and Others v Mbatsana NO and Others (JR912/20) [2024] ZALCJHB (25 September 2024)
Sibanye Stillwater t/a Sibanye Gold Ltd v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR2771/21) [2024] ZALCJHB 369 (27 September 2024)
Also included are articles from the latest issue of De Rebus:
Cave, Lincoln. A moral compass in employment: Understanding moral clauses in employment contracts. – 2024 Oct De Rebus p26
Motau, Matlhatsi. The legal position of a cannabis-user employee in a strictly no use company. – 2024 Oct De Rebus p40
Ziqubu, Phumzile Penelope. Too high to work? Cannabis in the workplace. – 2024 Oct De Rebus p39
Insurance Law Alert: 8 October 2024 |
This week’s edition contains references to the following articles regarding recent High Court judgments:
Alcock, Sello. The widow who upended SA’s death-benefit regime. [South African Retirement Annuity Fund v Pension Funds Adjudicator and Another (4544/2023) [2024] ZAMPMBHC 52 (7 August 2024)] – 2024 Sep–Nov Today’s Trustee p39
Masilela, Sinenhlanhla. Woman loses court battle to withdraw R160,000 Sanlam investment early for tuition fees. [Sanlam Life Insurance Ltd v Chigombo (A14/2024) [2024] ZAMPMBHC 71 (30 September 2024)] – 2024 Oct 3 IOL News
The latest Financial Services Tribunal decisions are featured, including the following regarding death benefits and salary deductions:
The following Council for Medical Schemes Appeals Committee ruling is also included:
Health Law Alert: 9 October 2024 |
This week’s edition contains references to the following articles regarding recent High Court judgments:
Venter, Zelda. Parents sue doctor over wrongful pregnancy. [Rensburg and Another v Cilliers (1705/2021) [2024] ZAFSHC 290 (20 September 2024)] – 2024 Oct 3 Pretoria News
Wicks, Bernadette. Western Cape gynaecologist's plea to reinstate hospital privileges denied by court. (Ramdhin v Rondebosch Medical Centre (Pty) Ltd (18180/2024) [2024] ZAWCHC 287 (7 October 2024)) – 2024 Oct 8 News24
Also featured is a Supreme Court of Appeal judgment concerning the powers of the Road Accident Fund Tribunal; and a recent High Court judgment on an appeal concerning a hospital staff’s failure in their duty of care to prevent the onset or spread of bedsores:
The draft Nursing Practice Standards for Use in All Health Establishments in South Africa were published for comment in the Government Gazette (BN673 GG 51352 p414 4Oct2024).
Also published in the Government Gazette were amendments to the Rules Relating to Good Pharmacy Practice (BN674 GG 51352 p444 4Oct2024).
The following Council for Medical Schemes Appeals Committee ruling is also included:
Energy Law Alert: 10 October 2024 |
The National Energy Regulator of South Africa has published the NERSA Annual Report for 2023/24.
Included in this edition are the following High Court judgments:
Eskom Holdings SOC Ltd v Sokweba and Others (101726/2024) [2024] ZAGPJHC 935 (18 September 2024) (concerning unlawful interruptions of Eskom’s business activities);
Promispace CC v DRDGold Ltd and Others (062949/2023) [2024] ZAGPPHC 959 (26 September 2024) (an application for an order declaring a mine dump as movable property owned by the applicant)
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Date posted: 11 October 2024