Legal Updates: 30 October - 3 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.

Case Law

Summaries of Constitutional Court and Supreme Court of Appeal Judgments: October 2023. View here.

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Attorney Alert Issue 43 of 2023: 30 October 2023

The edition published on 30 October includes information on issues such as:

• developments regarding the Basic Education Laws Amendment Bill 2 of 2022 and the Upstream Petroleum Resources Development 13 of 2021;

• the groundbreaking judgment on parental leave;

• the registration of Karoo Lamb/Karoo Lam as a South African Geographical Indication in terms of the Agricultural Product Standards Act 119 of 1990.

References to articles from the latest editions of the African Journal of Law and Justice System, BRICS Law Journal, Business Tax and Company Law Quarterly, Fundamina and Potchefstroom Electronic Law Journal are included.

Also included are references to the judgments reported in the October 2023 issue of the All South African Law Reports and various unreported judgments such as:

• Van Wyk and Others v Minister of Employment and Labour (2022-017842) [2023] ZAGPJHC 1213 (25 October 2023)

• Ba-Gat Motors CC t/a Gys Pitzer Motoring and Another v Kempster Sedgwick (Pty) Ltd (511/2022) [2023] ZASCA 137 (25 October 2023)

• Emalahleni Local Municipality v Lehlaka Property Development (Pty) Ltd (600/2022) [2023] ZASCA 138 (25 October 2023)

• Mohuba v University of Limpopo (730/2022) [2023] ZASCA 139 (27 October 2023)

The monthly highlights for October 2023 are available here.

Employment and Labour Law Alert: 30 October 2023

The edition published on 30 October contains information on the groundbreaking judgment on parental leave, Van Wyk and Others v Minister of Employment and Labour (2022-017842) [2023] ZAGPJHC 1213 (25 October 2023).

Several judgments are referred to including:

• African Meat Industry and Allied Trade Union (AMITU) and Others v Shave and Gibson Packaging (Pty) Ltd (D 1050/2019) [2023] ZALCD 17 (17 October 2023)

• Avis Southern Africa (Pty) Ltd and Others v Porteous and Another (2023/0817898) [2023] ZAGPJHC 1160 (16 October 2023)

• Impala Platinum Ltd v Association of Mineworkers and Construction Union (AMCU) obo Gadla and Others (JR720/18) [2023] ZALCJHB 287 (18 October 2023)

• Murray and Roberts Cementation (Pty) Ltd v Association of Mine Workers and Construction Union obo Dube and Others (JA96/2022) [2023] ZALAC 26 (18 October 2023)

• Thenjwayo and Another v City of Johannesburg Metropolitan Municipality and Others (JR 2434/19) [2023] ZALCCT 57 (19 October 2023)

Other highlights include the:

• Public Service Amendment Regulations, 2023. – RGN4007 GG 49557 p42 27Oct2023

• Pension Funds Amendment Bill, 2023 – GN4009 GG 49558 p3 26Oct2023

• South African Police Service Employment Amendment Regulations. – GN4010 GG 49559 p3 26Oct2023

Our monthly highlights for October 2023 are available here.

Insurance Law Alert Issue: 31 October 2023

The 31 October edition contains a reference to the following journal article:

• Kruger, Des. Foreign pension schemes: There be dragons, and some confusion — Part 1. - 2023 14(3) Business Tax and Company Law Quarterly p30

Also included are the latest Financial Services Tribunal decisions:

• Davies v Van der Westhuizen; Old Mutual Superfund Pension Fund; Old Mutual Life Assurance Company SA Ltd; Pension Funds Adjudicator (PFA43/2023) (26 October 2023)

• Njari v and Metal Industries Provident Fund; Pension Funds Adjudicator (PFA57/2023) (29 October 2023)

• Skosana v Fundsatwork Umbrella Pension Fund; Pension Funds Adjudicator (PFA14/2023) (25 October 2023)

• Textile Open Provident Fund v Financial Sector Conduct Authority (A58/2022) (27 October 2023)

• Tiger Consumer Brands Ltd v Sandragasan; Pension Funds Adjudicator; Tiger Brands Management Provident Fund; Alexander Forbes Financial Services (Pty) Ltd (PFA15/2023) (26 October 2023)

Our monthly highlights are available here.

Health Law Alert Issue: 1 November 2023

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

• NPA's decision not to charge bogus doctor Matthew Lani;

• ongoing health system crisis in the Gaza Strip;

• Registrar of Medical Schemes failed High Court bid to stop Netcare and Discovery Health from selling pre-paid private healthcare vouchers;

• upcoming inquest into the Enyobeni tavern tragedy.

Energy Law Alert Issue: 2 November 2023

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

• Karpowership's Richards Bay environmental authorisation;

• the class action suit over harm to coal miners;

• the hostage drama at Gold One's Modder East Mine.

Also included are the following judgments:

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

• Wescoal Mining (Pty) Ltd and Another v Mkhambo NO and Others (2023-079991) [2023] ZAGPJHC 1234 (31 October 2023)

Draft and Parliamentary Bills

The following Bills were introduced to Parliament:

• Adjustments Appropriation Bill 34 of 2023

• Division of Revenue Amendment Bill, 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

A notice of intention to introduce the Pension Funds Amendment Bill, 2023 to Parliament and explanatory summary was published in the gazette.

For a full list of draft and Parliamentary Bills gazetted/tabled during 2023 as well as Bills approved by Cabinet, click here.

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

Stay Informed. Stay Ahead. Stay Legal.

Published: 3 November 2023