South African Fresh Produce Market Inquiry by Maphanga Maseko (Director) and Tshepang Mokobane (Candidate Attorney) On the 25th of March 2022, the Competition Commission (“Commission”) published the Terms of Reference in respect of a market inquiry to be launched into the South African Fresh Produce Market. What is...
Does the constitutional invalidity of the 2017 PPPFA regulations result in the collapse of the Transformation agenda? by Faheema Rahim and Lwandise Mkam On 16 February 2022, the Constitutional Court declared the Preferential Procurement Regulations of 2017 (“2017 Regulations”) unlawful and invalid in the case of Minister of...
Latest Constitutional Court decision concerning the wrongfulness element of a Delict by Andrew Makamedi Notwithstanding the fact that we are often tasked with drafting various contracts and dealing with a variety of contract and company law related matters, we are also often at times tasked with determining...
A couple of days left to ensure responsible parties are POPI compliant by: Faheema Rahim With the effective date for the Protection of Personal Information Act 4 of 2013 (“POPI Act”) fast approaching, responsible parties have a few days to become POPI compliant. This means that from...
Social media and social unrest: effective policing or policing of freedom of speech by: Maphanga Maseko What started as protests against the jailing of former president Jacob Zuma quickly turned into a cocktail of unlawfulness and looting the likes of which the country has never seen since the...
Caselines: The future of the Judicial System by: Robin Feinstein and Vusani Sithole The legal profession has long been defined by rows of voluminous books and journals, enormous publications, and prestigious libraries housing hundreds of years of legal knowledge. In comparison to other occupations, the legal profession has...
Distinguishing between locus standi, authority to institute proceedings and the basis for deposing to an affidavit by Faheema Rahim In the case of Masako v Masako and Another (724/2020) [2021] ZASCA 168 (3 December 2021) the Supreme Court of Appeal (“SCA”) was called upon to consider whether...
Urgent Applications: A Warning to Practitioners by Robin Feinstein Our Courts have prescribed certain sets of rules and procedures which regulate the way in which legal proceedings are to be initiated and conducted. The Uniform Rules in particular, stipulate the various time periods for the filing of...
Introduction The right to just administrative action is entrenched in section 33 of the Constitution of the Republic of South Africa, 1996 (the “Constitution”). It is specifically required in section 33(3) that national legislation be enacted to give effect to this right. The Promotion of Administrative...
by Matodzi Ratshimbilani In the face of widespread malfeasance, barefaced disregard of the law governing both private and state-owned companies, the debate on the role and liabilities of directors has dominated public discourse in the recent past. The focus on the role of directors is justified...