Our team acts for a leading independent data, voice and intellectual property provider
Our team acts for a leading independent data, voice and intellectual property provider
Our team acts for a leading independent data, voice and intellectual property provider in a review brought by a state entity challenging the lawfulness of a substantial infrastructure which is in an advanced stage of its implementation. The case includes difficult questions of administrative law as far as the tender is concerned; the misuse of corruption legislation; and a constitutional challenge to the very existence of the state entity.
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9 Dec 2024
by Fiona Leppan, Onele Bikitsha and Dylan Greenstone
Mental illness as a compensatable disease under COIDA: Key lessons from Urquhart v Compensation Commissioner
In Urquhart v Compensation Commissioner 27 ILJ 96 (E), the High Court addressed whether post-traumatic stress disorder (PTSD) qualifies as a compensatable illness under section 91 the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA). This case provided critical insights into how mental health conditions are evaluated under this legislation.
Employment Law
2 min read

1 Apr 2025
by Marco Neto, Zodwa Malinga and Khaya Mantengu
Does a time-bar challenge negate an adjudicator’s jurisdiction to determine a referred dispute?
Adjudication serves as a crucial dispute resolution tool in South African construction contracts, offering a rapid, interim solution to keep projects moving amid disagreements. Increasingly integrated into major construction agreements, adjudication decisions are legally binding until overturned by arbitration, litigation or mutual agreement.
Dispute Resolution
5 min read

31 Mar 2025
Implementation of court online electronic platform in the Labour Court
The first Directive of the Labour Court has been issued. In terms of this directive, the Court Online Portal will be fully implemented for all aspects of cases initiated in the Labour Court with effect from 14 April 2025. The decision to implement the Court Online Portal is the culmination of the phased approach adopted where, first, the platform was only used for urgent applications and, thereafter, broadened to include all applications. From 14 April, however, the Portal will be implemented for all aspects of cases initiated in the Labour Court
Employment Law
1 min read

1 Nov 2024
by Megan Rodgers, Amore Carstens, James Ross, Dean Tennant and Elham Shaik
Legislation on the move: The President signs the Upstream Petroleum Resources Development Act
The Upstream Petroleum Resources Development Bill (now the Upstream Petroleum Resources Development Act. 23 of 2024) (Act) was finally assented to by the President on 25 October 2024 and published in the Government Gazette on 29 October 2024.
Oil & Gas
9 min read

28 Nov 2024
by Lydia Owuor
Webinar Recording | The overlooked risk of unregistered leases
Lydia Owuor, a Partner in the Real Estate Law practice hosted a webinar titled "The overlooked risk of unregistered leases".
Real Estate Law
1:01:52 Minutes

23 Sep 2024
by Njeri Wagacha and Kevin Kipchirchir
Deep dive into the Supreme Court’s decision in Symon Wairobi Gatuma v Kenya Breweries Limited
It is now well understood that any unilateral amendment to an employment contract amounts to an unfair labour practice under section 45 of the Employment Act 11 of 2007 (the Employment Act). This has recently been reiterated by the Supreme Court of Kenya in Symon Wairobi Gatuma v Kenya Breweries Limited and Three Others, Petition E023 of 2023 (the Supreme Courtdecision). The Supreme Court decision is, however, more than just a decision on unilateral amendments to employment contracts. It addresses and provides guidance as to how to treat employees during business restructuring exercises and redundancies.
Employment Law
7 min read