Welcome to Africa’s legal blog

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

Webber Wentzel

SCA hands down important judgment for the mining industry

​​​​​​​​In a judgment handed down by the SCA on 18 November 2022, several key South African mining and mineral law principles were enforced. The SCA also emphasised points that a mining rights applicant should keep in mind.

Read More
Bowmans

Kenya: It is discriminatory to provide different terms and conditions of employment to permanent and temporary employees in the same cadre

On 30 November 2022, the Employment and Labour Relations Court allowed a claimfiled by former temporary employees of KCB Bank Kenya Ltd alleging unfair labour practices and discrimination ..

Read More
Adams & Adams

Zurich Insurance Company 'hit by rock mass' in the Gautrain Tunnel

The Supreme Court of Appeal (“the SCA” hereinafter) recently delivered a judgement in a matter involving Zurich Insurance Company South Africa LTD (“the insurer”) and the Gauteng Provincial Government (“the insured”), bringing to an end litigation that commenced early 201..

Read More
Cliffe Dekker Hofmeyr

Challenging the authority of management or merely seeking clarity: When does insubordination occur

Insubordination is the wilful failure or refusal to obey a lawful and reasonable instruction given by a superior. This is different from insolence, which is rudeness, cheekiness or disrespectful behaviour. The Labour Court in Independent Risk Distributors SA (Pty) Ltd v C..

Read More
Webber Wentzel

Radio DJ: 15 years later and still not an employee

A recent Labour Court judgment applied the dominant impression test to establish whether a radio DJ was an employee of the SABC or an independent contractor. The Court concluded that the DJ was not an employee and serves to remind employers and individuals that the contra..

Read More
IKM Advocates

Several sections of The NSSF Act Cap 45 of 2013 declared unconstitutional

On 19 September 2022, the Employment and Labour Relations Court declared several sections of the National Social Security Fund Act Cap 45 of 2013 as unconstitutional, null and void in Petitions 38 of 2014 (consolidated with Petitions 34, 35, 49 and 50 of 2014) Kenya Tea G..

Read More
Banwo & Ighodalo

Tax Appeal Tribunal Rules On Security Deposit Requirement For Prosecution Of Tax Appeals

Taxpayers in Nigeria have had to grapple with conflicting interpretations of applicable statutory provisions, on the correct position of the law regarding the requirement to pay a security deposit for prosecution of tax appeals to the Tax Appeal Tribunal (“TAT” or t..

Read More
Adams & Adams

Parody in South Africa: addressing the Hippo in the room

A recent advertising parody has caused quite a stir at the watering hole, and left consumers questioning whether Hippo.co.za may have been out of line.

Read More
Oraro & Co.

Thoughts on the Sub Judice Rule

On 17th August 2022, in Omwanza Ombati v. The Hon. Chief Justice, The President of the Supreme Court & 4 Others (2022) eKLR, the High Court (Thande, J) quashed the Supreme Court (Presidential El..

Read More
Subscribe to our newsletter