This update includes a brief selection of highlights from our paid subscription-based comprehensive newsletters and the latest blog posts. View free sample copies of our newsletters at https://www.lexinfo.co.za/newsletters or contact us at alert@lexinfo.co.za for more information or a quotation.
Infopack available |
The 2023 Infopack on Persons and Family Law is a handy research tool providing an overview of legal information on persons and family law published during 2023. View more information, including the Contents page and an extract from the Infopack here.
New Legislation |
The following new Acts were published on 30 July 2024:
Companies Amendment Act 16 of 2024. Commencement date: To be proclaimed. – GN5082 GG 50991 p1 30Jul2024
Companies Second Amendment Act 17 of 2024. Commencement date: To be proclaimed. – GN5083 GG 50992 p1 30Jul2024
Independent Police Investigative Directorate Amendment Act 15 of 2024. Commencement date: To be proclaimed. – GN5081 GG 50990 p1 30Jul2024
Attorney Alert: 29 July 2024 |
This week’s edition refers to the following new Acts gazetted on 23 July 2024:
Climate Change Act 22 of 2024 – GN5050 GG 50966 p1 23Jul2024
National Small Enterprise Amendment Act 21 of 2024 – GN5049 GG 50965 p1 23Jul2024
Pension Funds Amendment Act 31 of 2024 – GN5052 GG 50968 p1 23Jul2024
Public Procurement Act 28 of 2024 – GN5051 GG 50967 p1 23Jul2024
Also included are references to journal articles published in the latest editions of African Journal of Law and Justice System, Journal for Juridical Science, Law, Democracy and Development, Potchefstroom Electronic Law Journal and Tydskrif vir Hedendaagse Romeins-Hollandse Reg such as:
Mabe, Z. and Maloka, T.C. Insolvency, employment disqualification, and precarity. – 2024 87(2) Tydskrif vir Hedendaagse Romeins-Hollandse Reg p137
Mujuzi, Jamil Ddamulira. The admissibility of foreign convictions in bail applications in South Africa: A comment on Lewis-Springfield v S (CA&R40/2022) [2022] ZANCHC 54 (4 October 2022). – 2024 49(1) Journal for Juridical Science p101
Ngcobo, Mnotho T. Artificial intelligence and blockchain technologies in online dispute resolution: A solution to consumer disputes in South Africa? – 2024 (27) Potchefstroom Electronic Law Journal
Smith, Jay and Kelly-Louw, Michelle. Increasing cashless payments using debit cards will promote financial inclusion in South Africa. – 2024 87(2) Tydskrif vir Hedendaagse Romeins-Hollandse Reg p231
References to several judgments and tribunal decisions are included, for example:
Le Roux and Another v Dielemaar Holdings (Cape) Pty Ltd and Another (414/2023) [2024] ZASCA 118 (25 July 2024)
Samancor Chrome Ltd v Samancor International NPC and Another (CT01688ADJ2024) (29 June 2024)
Solidarity Trade Union and Others v Minister of Health and Others (61844/2021) [2024] ZAGPPHC 677 (24 July 2024)
Vision Investments 155 (Pty) Ltd and Tongaat Hulett Ltd (in Business Rescue) (LM038May24) (24 July 2024)
Employment and Labour Law Alert: 29 July 2024 |
This week’s edition contains references to the latest Labour Appeal Court judgments:
AJ Charnaud and Company v Southern African Clothing and Textile Workers' Union (SACTWU) obo Members and Others (DA 9/23) [2024] ZALAC 33 (17 July 2024)
Monareng v Dr JS Moroka Municipality (JA46/22) [2024] ZALAC 35 (3 July 2024)
Nzimande and Another v Newcastle Municipality (DA1/2022) [2024] ZALAC 34 (10 July 2024)
Also featured are several recent Labour Court judgments, including:
Department of Correctional Services v Public Servants Association of South Africa (PSA) obo Madikizela and Others (C499/2021) [2024] ZALCCT 29 (12 July 2024)
Khumalo v Safety and Security Sectoral Bargaining Council and Others (D638/22) [2024] ZALCD 19 (17 July 2024)
Motor Industry Staff Association and Another v Eastvaal Motors (Pty) Ltd (JS927/2019) [2024] ZALCJHB 256 (17 July 2024)
South African Municipal Workers’ Union (SAMWU) obo Sizani v City of Cape Town South African Local Government and Others (C135/2022) [2024] ZALCCT 30 (12 July 2024)
The following journal article is also included:
Awarab, Marvin R. A critical analysis of Massmart Holdings and Others v South African Commercial Catering and Allied Workers Union [2022] ZALCJHB 119. – 2024 (28) Law, Democracy and Development p196
Insurance Law Alert: 30 July 2024 |
Tuesday's edition contains the latest news and commentary on the judgment in Solidarity Trade Union and Others v Minister of Health and Others (61844/2021) [2024] ZAGPPHC 677 (24 July 2024) and its potential implications for National Health Insurance (NHI).
The Pension Funds Amendment Act 31 of 2024 was gazetted on 23 July.
The following media comments are also included:
Broughton, Tania. Crime does not pay... your pension, an employee has found. [Hillhouse v Pidelta (Pty) Ltd and Another (1237/2024P) [2024] ZAKZPHC 57 (29 July 2024)] – 2024 July 29 Sunday Times
Masilela, Sinenhlanhla. Cheating husband with child outside marriage gets half of wife’s R1.6 million pension fund. [TSS v MAS (HCA04/2023) [2024] ZALMPPHC 69 (22 July 2024)] – 2024 Jul 24 IOL News
Health Law Alert: 31 July 2024 |
Wednesday’s edition contains the latest news and commentary on the judgment in Solidarity Trade Union and Others v Minister of Health and Others (61844/2021) [2024] ZAGPPHC 677 (24 July 2024) and its potential implications for National Health Insurance (NHI).
Also featured is a reference to the following journal article:
Politis, Alexander. Causation in quasi-judicial tribunals: Proof in medical negligence claims? – 2024 87(2) Tydskrif vir Hedendaagse Romeins-Hollandse Reg p201
The following Government Gazette notices are also included:
Imposition of levies on medical schemes issued in terms of section 2 of the Council for Medical Schemes Levies Act 58 of 2000 – GenN2657 GG 50986 p101 26Jul2024
Adjustment of statutory limit in respect of claims for loss of income and loss of support in terms of the Road Accident Fund Act 56 of 1996 – BN642 GG 50986 p113 26Jul2024
Energy Law Alert: 1 August 2024 |
The latest edition features news and commentary regarding TotalEnergies’ exit from SA gas exploration.
It also contains the following Government Gazette notices:
Gas Regulator Levies Act 75 of 2002 and Petroleum Pipelines Levies Act 28 of 2004: Levy and interest payable on piped-gas industry; and payable on petroleum pipelines industry. – GN5065 GG 50979 p3 26Jul2024
National Nuclear Regulator Act 47 of 1999: Notice in terms of Section 28: Proposed fees increase for National Nuclear Regulator. – GenN2639 GG 50971 p140 19Jul2024
Also included are the following articles concerning recent High Court judgments:
Ex-Eskom official's defamation bid fails as judge says claims 'probably justified'. [Tjabadi v Eskom Holdings SOC Ltd (2024/039872) [2024] ZAGPJHC 664 (19 July 2024)] – 2024 Jul 23 News24
Landmark win for protected areas and people: Mabola protected environment saved from coal mining. [Mining and Environmental Justice Community of South Africa and Others v Member of the Executive Council for Agriculture, Rural Development, Land and Environmental Affairs, Mpumalanga and Others (1322/2021) [2024] ZAMPMBHC 48 (18 July 2024)] – 2024 Jul 29 Centre for Environmental Rights
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Image design: Daniélle Geldenhuys
Date posted: 2 August 2024