Budget reaction – CCMA Additional Allocations

Skyward shift: Modernising air service licensing in South Africa

In a move geared towards enhancing the efficiency of air service licensing in South Africa, local operators’ air service licence applications and foreign operators’ permit applications will now be submitted electronically to the South African Civil Aviation Authority (SACAA) for processing. 

Defamation and the rights of companies to claim general damages: A discussion of the Constitutional Court’s judgment in Reddell and Others v Mineral Sands Resources

In terms of South African law, “ defamation ” is the intentional, wrongful publication of a defamatory statement concerning a person. A defamatory statement is generally considered to be a statement which objectively has the effect of injuring a person by lowering the reputation of the person in the estimation of right-thinking members of society.

Good riddance to ‘gag orders’? South African courts move away from prior restraint orders

Freedom of expression in South Africa is guaranteed by the Bill of Rights. This includes, inter alia , freedom of speech, access to information, and, importantly, media freedom. The right to freedom of expression is fundamental and a prerequisite in any democracy. The post-1994 South African media landscape is turbulent and often somewhat adversarial. However, just like any other right enshrined in the Constitution, the right to freedom of expression may be limited where it is justifiable and reasonable. Even the media’s freedom may be constrained to protect another constitutional right or to preserve the integrity of the administration of justice.

Tax exceptionalism in circumstance

Love it or hate it, tax exceptionalism (the idea that, due to its specialised nature, tax law operates within its own parameters) tends to arise when tax disputes cross the boundary between tax law and other areas of the legal landscape. The (now) not so recent amendment to section 105 of the Tax Administration Act 28 of 2011 (TAA) is an example of this as it tries to restrict tax disputes to specialised forums such as the Tax Court. In particular, the crossover between this section and administrative law is a circumstance where tax exceptionalism can become contentious, as it did again in the case of Trustees of the CC Share Trust and Others v Commissioner, SARS (38211/21) ZAGPPHC 597 (24 July 2023) ( CC Share Trust ).

Non-compliance with court orders: When is late too late?

In Economic Freedom Fighters and Others v The Chairperson of The Powers and Privileges Committee N.O and Others (23230/2023) Zawchc 16 (30 January 2024) the court had to determine whether to condone non-compliance with a court order that would lead to a delay in finalising a matter of nationalimportance. 

Charlene Holder on Power 98.7