Featured in this week's selection from our paid subscription-based newsletters are the latest amendments to court rules, draft regulations on issues such as water use for onshore hydrocarbon exploration and production, and customary initiation. We also refer to case law and articles, as well as the new video series, "Walking the Labour Law Tightrope: SA Labour Law Made Simple" by Labour Law Management Consulting.
For further details on our full newsletters, please contact us at alert@lexinfo.co.za or visit our website at https://www.lexinfo.co.za/newsletters.
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Attorney Alert: 25 November 2024 |
This issue covers the following amendments to court rules, which will come into effect on 27 December 2024:
Amendment of the Rules Regulating the Conduct of the Proceedings of the Magistrates’ Courts of South Africa. – RGN5559 GG 51627 p13 22Nov2024
Amendment of the Rules Regulating the Conduct of the Proceedings of the Provincial and Local Divisions of the High Court of South Africa. – RGN5560 GG 51627 p17 22Nov2024
Amendment of the Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal of South Africa. – RGN5561 GG 51627 p38 22Nov2024
Also included are the following draft regulations:
Draft Customary Initiation Regulations. – GN2851 GG 51637 p93 22Nov2024
Draft Regulations for the Use of Water for Exploration and Production of Onshore Naturally Occurring Hydrocarbons. – GN5582 GG 51642 p3 22Nov2024
The commencement dates of the Independent Police Investigative Directorate Amendment Act 27 of 2019 (Proc229 GG 51637 22Nov2024) and certain sections of the Economic Regulation of Transport Act 6 of 2024 (Proc224 GG 51623 19Nov2024) are also highlighted.
Judgments such as the following are included:
Fono and Another v Port St Johns Municipality (1271/2022) [2024] ZASCA 161 (22 November 2024)
Govan Mbeki Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others; Emalahleni Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others (CCT 189/22; CCT 191/22) [2024] ZACC 25 (19 November 2024)
Lebogo and Another v Kobe and Others (1204/2021) [2024] ZASCA 160 (18 November 2024)
Employment and Labour Law Alert: 25 November 2024 |
This week’s edition features a summary of the following video series:
The latest Labour Appeal Court judgments are also included:
Herold Gie and Broadhead Inc v Sun Chemical South Africa (Pty) Ltd (CA05/2023) [2024] ZALAC 55 (11 November 2024) (appeal against an order of costs de bonis propriis)
Independent Municipal and Allied Trade Union (IMATU) obo Spangenberg and Others v Overberg District Municipality and Others (CA09/2023) [2024] ZALAC 56 (15 November 2024) (unfair labour practice)
Innovative Staffing Solutions (Pty) Ltd and Others v National Bargaining Council for Road Freight and Logistics Industry and Others (JA128/2023) [2024] ZALAC 54 (12 November 2024) (interpretation of s 33A(4) of the Labour Relations Act 66 of 1995)
Passenger Rail Agency of South Africa v Hoyo (CA04/2023) [2024] ZALAC 57 (6 November 2024) (unfair discrimination on the basis of race and/or in failing to provide equal pay for equal work)
Various recent Labour Court judgments are referred to, including the following regarding dismissals:
Insurance Law Alert: 26 November 2024 |
This week’s edition features the latest Financial Services Tribunal decisions, including:
A reference to the following Council for Medical Schemes Appeals Committee ruling is included:
Also referred to is the following High Court judgment:
Health Law Alert: 27 November 2024 |
This week’s edition contains a reference to the following Government Gazette notice:
Disaster Management Act 57 of 2002: Classification of a national disaster in terms of section 23: Foodborne illness. – GN5557 GG 51624 p3 19Nov2024
The following Council for Medical Schemes Appeals Committee ruling is included:
Also featured are the following articles:
Naidoo, Natasha and Berkowitz, Jason. Balancing the duty of care with patient autonomy: A patient’s right to refuse medical treatment. [PM obo YM v Member of the Executive Council for Health: Eastern Cape (EL1118/2022) [2024] ZAECELLC 41 (20 August 2024)] – 2024 Nov 21 Fairbridges Wertheim Becker
Nkuna, Phetheni; Makoaba, Thato and Mongadi, Khutso. A new era for traditional healers: A step towards formalisation and regulation. – 2024 Nov 19 Cliffe Dekker Hofmeyr
Tomlinson, Catherine. Why the Competition Commission's decision on cancer medicine cases could have much wider implications. – 2024 Nov 20 News24
Energy Law Alert: 28 November 2024 |
This week’s edition contains a reference to the following Government Gazette notice:
Mineral and Petroleum Resources Development Act 28 of 2002: Proposed investigation under section 50 to examine the subsurface geology and its structure in relation to petroleum, as per the plan in Annexure A (South-Central Karoo Basin). The goal is to determine the nature and extent of the subsurface geology and its structure, and to assess potential geological risks. – GN5572 GG 51637 p22 22Nov2024
Also featured are the following articles:
Bodeux, Mikaella. The new UPRDA from an environmental perspective. – 2024 Nov 20 Warburton Attorneys
Lewis, Corné and Bikitsha, Onele. Mining on the same land for the same mineral: The overlapping rights conundrum [Eyethu Coal (Pty) Ltd v Minister of Mineral Resources and Energy and Others (25781/2020) [2024] ZAGPPHC 1051 (4 October 2024)]. – 2024 Nov 19 Cliffe Dekker Hofmeyr
Senokoane, Reamohetswe Portia. Linking the right to electricity as a contractual, derivative and human right through the undisclosed principal agency law. – 2024 (27) Potchefstroom Electronic Law Journal
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Image design: Daniélle Geldenhuys
Date posted: 29 November 2024