Legal Updates 27 November - 1 December 2023

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Attorney Alert Issue 47: 27 November 2023

The National Veld and Forest Fire Amendment Bill 24 of 2021 and Agricultural Product Standards Amendment Bill 15 of 2021 were passed by the National Council of Provinces on 23 November 2023 and submitted to the President for assent. The South African Institute for Drug-Free Sport Amendment Bill 41 of 2023 was introduced to Parliament on 24 November 2023.

This week’s edition of the Attorney Alert includes references to journal articles from the latest editions of Acta Juridica, Advocate, African Journal of Legal Studies, Journal of Anti-Corruption Law, and De Jure Law Journal such as:

• Essop, Fatima. Understanding the Islamic legal system for South African legal practitioners. – 2023 36(2) Advocate p60

• Van Eck, Michele and Huneberg, Samantha. Big data in insurance contracts – A tool for good, or bad? – 2023 (56) De Jure Law Journal p445

References to judgments reported in the latest edition of the All South African Law Reports and unreported judgments from the Supreme Court of Appeal, High Courts, Competition Tribunal, and Companies Tribunal such as the following are included:

• DK and Others v CF (26567/2021) [2023] ZAGPJHC 1331 (20 November 2023)

• Polokwane Municipality v Double Four Properties and Another; Broadlands Home Owners Association NPC v Double Four Properties and Another (879/2022; 913/2022) [2023] ZASCA 158 (23 November 2023)

Highlights for November are available to view here.

Employment and Labour Law Alert: 27 November 2023

The latest edition contains references to the following Labour Court decisions:

• Cibane and Another v Premier of the Province of Kwazulu-Natal and Another (D 518/2021) [2023] ZALCD 19 (17 November 2023)

• Coetzee v Enviro Bio Chem (Pty) Ltd (C535/2020) [2023] ZALCCT 62 (27 July 2023)

• Independent Municipal and Allied Trade Union (IMATU) obo Espach v Polokwane Local Municipality (J 1171/17) [2023] ZALCJHB 322 (17 November 2023)

• Janynarayan and Others v Fugro Survey Africa (Pty) Ltd (C567/2020) [2023] ZALCCT 61 (10 November 2023)

Other highlights include the latest blog post by Ivan Israelstam, entitled Accused employees have the right to challenge the evidence against them.

Highlights for November are available to view here.

Insurance Law Alert: 28 November 2023

This week’s edition contains references to the following judgments:

• Brummer v Road Accident Fund [2023] 4 All SA 324 (GP);

• Khomo v Road Accident Fund (00667/2017) [2023] ZAGPJHC 1325 (15 November 2023);

• Municipal Employees Pension Fund v Adamax Property Projects Menlyn (Pty) Ltd and Another (2023/098721) [2023] ZAGPJHC 1247 (31 October 2023)

Other highlights include the latest Financial Services Tribunal decisions:

• Municipal Employees Pension Fund v Chauke; Pension Funds Adjudicator (PFA47/2023) (21 November 2023);

• Municipal Employees Pension Fund v Mamogale; Pension Funds Adjudicator (PFA46/2023) 21 November 2023)

The following journal articles are also included:

• Big data in insurance contracts – A tool for good, or bad? - 2023 (56) De Jure Law Journal p445

• Death benefit provisions in the Pension Funds Act 5 of 2019 of Lesotho: Contradictions or deliberate policy choices? - 2023 (56) De Jure Law Journal p405

Highlights for November are available to view here.

Health Law Alert: 29 November 2023

Wednesday's publication includes information on issues such as:

• the court action against the Gauteng Health Department over a multimillion-rand tender deal;

• the complaint filed by ActionSA with the South African Human Rights Commission against the Mpumalanga Department of Health after the department neglected to repair a cancer machine;

• and the precautionary suspension of three nurses for alleged child negligence.

The following reports are referred to:

• Report of the Portfolio Committee on Justice and Correctional Services on the State Liability Amendment Bill [B16 – 2018] – In: 2023 Nov 24 Parliament of South Africa. Announcements, Tablings and Committee Reports p5

• Report of the Select Committee on Health and Social Services on the National Health Insurance Bill [B11B–2019] (National Assembly – Section 76), dated 21 November 2023. – In: 2023 Nov 21 Parliament of South Africa. Announcements, Tablings and Committee Reports p48

Highlights for November are available to view here.

Energy Law Alert: 30 November 2023

The latest newsletter includes information on topics such as:

• arrests and seizure of equipment in the fight against illegal mining;

• the Impala Platinum mine accident;

• the public hearings regarding the Electricity Regulation Amendment Bill;

• the upcoming public hearing regarding Eskom’s application for the six-year Negotiated Pricing Agreement for Glencore-Merafe Chrome Venture ferrochrome smelter operations in Rustenburg.

The following case has also been included:

• South African Petroleum Industry Association v Fuel Retailers' Association (28818/2014) [2023] ZAGPJHC 1301 (13 November 2023)

Highlights for November are available to view here.

Law Practice Management Alert: October 2023

A selection of content from our monthly newsletter designed to enhance your expertise on law firm practice management.

Gain valuable insights into a wide range of topics including artificial intelligence, leadership, technology, marketing, strategy, office design, wellbeing, human resources, and financial management. The newsletter refers to resources on business and managerial information tailored specifically for law firms and their support teams.

• Mclaren, Moray. Defining the perfect partner. – 2023 Nov The Practice Magazine

• Pollock, Wayne. How to engage your law firm’s “tire kickers” so that they become clients. – 2023 Oct 30 JD Supra

• Saintot, Valerie. [et.al]. AI and the Legal Profession – Global Law and Business, 2023.

• Van Staden, Marius. The 15 rules for writing letters. – 2023 Oct De Rebus p11

More October highlights available here.

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

Stay Informed. Stay Ahead. Stay Legal.

Published: 1 December 2023