Interdicts and the Need to Know Your Enemy
Recent court decisions in the construction and engineering sector have reinforced the importance of properly identifying individuals responsible for unlawful conduct before seeking an interdict. Broad allegations against undefined groups may weaken urgent court applications and prevent relief from being granted. Threats, intimidation, and violent disruptions by community groups, business forums or disgruntled employees are […]
April 2026: The Month of AI
April 2026, proved to be an eventful month in the world of AI. Within a single month, South Africa’s Draft National Artificial Intelligence (AI) Policy was withdrawn shortly after publication, OpenAI discontinued Sora due to unsustainable operating costs, and the highly publicised OpenAI trial involving Elon Musk commenced, with Musk serving as a key witness. […]
Competition Act and Employee Share Ownership Structures
Employee share ownership has been a feature of empowerment structures since BEE legislation was introduced in 2003. In 2019, the Competition Act was amended by introducing a further factor which the Competition Commission (the Commission) and Competition Tribunal must consider when approving a merger. Section 12(3)(e) was introduced by stipulating that the Competition Authorities must […]
Medical Schemes and Public Power: The Constitutional Clarification in Famous Idea v GEMS
The Constitutional Court delivers a reassuring and defining message in its judgment of Famous Idea Trading 4 v Government Employees Medical Scheme (GEMS) – a medical scheme’s decisions are not administrative actions simply because they operate in a public space. The case involved a courier pharmacy company which lost out on a lucrative contract with […]
The Power Behind the Plans: Copyright and Control
Construction projects involve significant creative and technical input from architects, engineers and designers (hereinafter referred to as proprietors). Once a client has paid for construction drawings and designs, one important question arises: may the client freely reproduce, reuse, or demand specific formats of those designs? This question is often answered with reference to the Copyright […]
Transparency prevails – The SCA confirms strict limits on refusal of access to information in Eskom v AfriForum
The Supreme Court of Appeal in Eskom Holdings SOC Limited and Another v AfriForum NPC has reaffirmed the central role of transparency in South African administrative law. The judgment confirms that access to information held by public bodies is the default position, and that refusals under the Promotion of Access to Information Act 2 of […]
Cox Yeats Secures Landmark SCA Judgment on Cross Border Insolvency
Cox Yeats has secured a landmark victory in the Supreme Court of Appeal (SCA), which has delivered a precedent-setting judgement providing long-awaited clarity on the treatment of cross cross-border insolvency matters in South Africa. Handed down on 23 March 2026 in Scheer v Wagner N.O. & Others (Case No. 1109/2024) [2026] ZASCA 32, the ruling […]
Arbitration Case Note: There are Limits to an Arbitrator’s Jurisdiction
In December 2025, the Supreme Court of Appeal ruled that arbitrators do not have the power to declare contracts concluded in the course of public procurement unlawful or invalid.[1] The case concerned a contract awarded by a municipality to a contractor to construct roads in circumstances where the municipality had not followed the required tender […]
ICLG Mergers & Acquisitions: South Africa M&A Guide 2026
The South African mergers and acquisitions landscape continues to evolve, shaped by a robust regulatory framework and increasing scrutiny on transaction structuring, competition considerations, and disclosure requirements. The latest ICLG Mergers & Acquisitions – South Africa chapter provides a comprehensive overview of the legal principles governing M&A activity in the jurisdiction. It covers key areas […]
Court Pulls the Plug on Eskom’s Power Play
The Johannesburg High Court recently handed down judgment in Sibanye Gold (Pty) Ltd and Others v Eskom Holdings SOC Ltd and Others, a decision with important implications for administrative action taken by state-owned entities. The judgment comes at a time when South Africa’s energy policy is firmly directed towards increasing private participation, accelerating renewable energy […]