Welcome to Africa’s legal blog

Never miss a beat on Africa's legal and regulatory landscape.

Cliffe Dekker Hofmeyr

New legislation: The criminalisation of hate offences and the workplace

On 9 May 2024, the Presidency reported that the President assented to the Prevention and Combating of Hate Crimes and Hate Speech Bill. The purpose of the Act is to give effect to constitutionally enshrined rights, including human dignity, equality and the right to freedo..

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Cliffe Dekker Hofmeyr

The establishment of the Public Procurement Tribunal

The complex public procurement system in South Africa has been fertile ground for litigation over many years, and to say that law reports are replete with cases dealing with public procurement would be an understatement. Litigation in this context almost invariably brings..

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Cliffe Dekker Hofmeyr

The Social Health Insurance Act and its implications

In a Gazette Notice on 21 November 2023, the Cabinet Secretary for Health designated 22 November 2023 as the commencement date of the Social Health Insurance Act, 2023 (SHIA). This act repeals the National Health Insurance Fund Act, 1989 (NHIF Act) to establish a fr..

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Cliffe Dekker Hofmeyr

Recent amendments to South Africa’s non-profit organisation legislation in response to the FATF greylisting

In 2021, the Financial Action Task Force (FATF) released its Mutual Evaluation Report of South Africa, which summarised the effectiveness of South Africa’s anti-money laundering and counter-terrorism financing measures.

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Cliffe Dekker Hofmeyr

Virtual wheeling agreements: A new frontier in renewable energy supply solutions

It is trite that the amendment of the Electricity Regulation Act 4 of 2006 (ERA) in August 2021 was the first fundamental step to “unlocking” the private electricity generation and procurement market in South Africa. In addition to dispensing with the need for a ..

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Cliffe Dekker Hofmeyr

Crypto fraud: Judge grants service, through NFTs, on unknown defendants

Cryptocurrency is yet another revolutionary invention in the online world. However, with innovation comes uncertainties, particularly in the legal field. This innovation requires us, like it, to redefine the parameters set in the past in the name of advancement. For..

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Cliffe Dekker Hofmeyr

A game changer for taxpayer confidentiality: The Constitutional Court decides in a narrow 5-4 split decision

While public interest litigation is a common occurrence in South Africa, it seldom involves the area of tax law. However, pursuant to the Constitutional Court’s judgment Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Service and Others[2023..

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Cliffe Dekker Hofmeyr

Charting a course for public land reform through the Land (Amendment) Bill, 2022

Kenya has historically struggled with a major crisis in its public land tenure system. This crisis is known as “land grabbing” and is the illegal and irregular allocation of land meant for public purposes to private individuals and corporations. There are many contributor..

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Cliffe Dekker Hofmeyr

Finance Bill, 2023: An analysis of the major tax proposals

The long-awaited Finance Bill, 2023 (Bill) was finally tabled before the National Assembly on 4 May 2023. The Bill comes after a lot of speculation by taxpayers, lobbying by business associations, and speeches or promises from government officials.

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