Welcome to Africa’s legal blog

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

Cliffe Dekker Hofmeyr

The Deadly Air Case: How the High Court confirmed the right to a healthy environment

The National Environmental Management: Air Quality Act 39 of 2004 (NEMAQA) authorises the Minister of Forestry, Fisheries and the Environment (Minister) to declare a priority area if it is reasonably believed that the National Ambient Air Quality Standards are or may be exce..
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ENSafrica

Mine Community Resettlement Guidelines published for implementation

Mining operations have the potential to displace individuals and communities, resulting in the loss of income, loss of physical and non-physical assets (including homes), productive land, subsistence, resources, cultural sites, social structures, networks and ties, cultural ..
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Werksmans Attorneys

Is South Africa in a state of procurement limbo? Where to from here, for now?

Public procurement in South Africa is undeniably tied to the country’s socio-economic objectives and is an important tool to achieve transformation. Recently, the Constitutional Court (“ConCourt”) in the matter of Minister of Finance v Afribusiness NPC and Ot..

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ENSafrica

A trade mark case with soul

The trade mark judgment of Golden Fried Chicken (Pty) Ltd v Soul Kitchen Restaurant is highly unusual. While the judgment is certainly interesting, it’s not always easy to follow and is worth unpacking.

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ENSafrica

Policy to formalise artisanal and small-scale mining in South Africa published

A policy published on 30 March 2022 by the South African Minister of Mineral Resources and Energy aims to create a formalised, sustainable artisanal and small-scale mining (“ASM”) industry in South Africa, to eliminate illegal ASM..

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Webber Wentzel

Competition Commission increases focus on digital economy

​​​​​​​​In 2020, the South African Competition Commission made clear its intention to increase its focus on the digital economy in South Africa. In its paper Competition in the Digital Economy, the Commission appeared to effectively provide a blueprint for its approach to..

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CMS

On the CCMA vaccination dismissal ruling: Employers should be cautious in celebrating the outcome of Goldrush

The recent CCMA ruling that looked at the fairness of a dismissal of an employee refusing to vaccinate, the first of such cases, has sparked a growing and interesting debate regarding the ways in which employee-vaccination-related dismissals could be handled within corpor..

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Webber Wentzel

South Africa's Procurement Regulatory Regime finds itself in muddy waters

Regulatory uncertainty abounds in the procurement space after the recent Constitutional Court judgment upholding the Supreme Court of Appeal's decision to invalidate the 2017 Preferential Procurement Regulations.

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ENSafrica

Mandatory vaccination: What has the new Code of Practice changed?

On 15 March 2022, the Department of Employment and Labour issued a Code of Practice on managing exposure to COVID-19 in the workplace (the “New Code”). The New Code is to take effect on the date that the Declaration of a National State o..

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