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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29 Apr 2025
by Gerhard Badenhorst
Suspension of VAT rate increase: Current status and implications
The Minister of Finance (Minister) announced in his National Budget on 12 March 2025 that the value-added tax (VAT) rate would increase from 15% to 15,5% on 1 May 2025 and again from 15,5% to 16% on 1 April 2026. The moment the Minister announced the VAT rate increases, they came into effect from these respective dates by virtue of the application of section 7(4) of the Value-Added Tax Act 89 of 1991 (VAT Act).
Tax & Exchange Control
5 min read
18 Feb 2025
by Corné Lewis and Ledile Maloka
Show me the money
In the case of National Director of Public Prosecutions v Dhurgasamy JOL 60116 (GJ), the National Director of Public Prosecutions (NDPP) applied for a forfeiture order under section 53, alternatively section 50 read with section 48, of the Prevention of Organised Crime Act 121 of 1998 (POCA). The application sought to declare certain property, specifically USD 630,700 in cash seized at OR Tambo International Airport on 11 September 2018, forfeit to the state. The Gauteng Division of the High Court in Johannesburg delivered judgment on 26 July 2023, granting the forfeiture order under section 50 of POCA. The court found that, on a balance of probabilities, the seized cash constituted the proceeds of unlawful activities, specifically violations of exchange control regulations and involvement in money laundering operations. The respondent failed to provide a credible explanation for the lawful origin of the funds, and his claims of obtaining the money through a loan for business purposes were unsubstantiated and lacked supporting evidence. The court noted inconsistencies and improbabilities in his account, leading to the conclusion that the funds were indeed derived from unlawful activities.
Dispute Resolution
2 min read
5 Jun 2025
by Zodwa Malinga and Lakeen Kowlas
Compensation events under the NEC3 Engineering and Construction Contract
Those who have worked with the NEC3 Engineering and Construction Contract know that compensation events are at the very heart of how change is managed and those who have heard of the standard form may have heard of the word "compensation event".
Construction & Engineering
10:22 Minutes
3 Jul 2025
by Alex Kanyi, Njeri Wagacha, Arnold Mutisya, Denis Maina and Prince Kiptoo
Huge relief for PBOs as High Court declares sections of the PBO Act unconstitutional
On 30 April 2025, the High Court of Kenya delivered a landmark judgment in Otieno and Two Others v Attorney General and Another; Katiba Institute and Nine Others (Interested Parties) (Petition E519 of 2024) KEHC 8557 (KLR). This judgment, which declared several key provisions of the Public Benefit Organisations Act, 2013 (PBO Act), unconstitutional, has profound implications for the public benefit organisations (PBO) sector. This alert provides a detailed analysis of the High Court’s decision and its ramifications, aiming to equip PBOs, their stakeholders, and legal practitioners with a clear understanding of the evolving legal environment.
Corporate & Commercial Law
5 min read
15 Sep 2025
by Yvonne Mkefa, Lynsey Foot and Thobeka Kalipa
The jurisdictional limitations of the Labour Court under section 77(3) of the BCEA
The Labour Appeal Court (LAC) in Jansen van Vuuren v Heaven Sent Gold SA (Pty) Ltd and Another ; Jansen van Vuuren v Heaven Sent Gold SA Property and Investment (Pty) Ltd and Anothe r 6 BLLR 569 (LAC) recently held that the Labour Court does not assume automatic jurisdiction to any matter “ concerning a contract of employment ”, in terms of section 77(3) of the Basic Conditions of Employment Act 75 of 1997 (BCEA).
1 min read
21 Feb 2025
by Jacquie Cassette and Elgene Roos
Unlocking citizenship: Overcoming irregular birth certificates
Nearly a decade after the coming into effect of various amendments to the South African Citizenship Act 88 of 1995 (Citizenship Act), which included a new ground of citizenship through the insertion of section 4(3) the Department of Home Affairs (Department) continues to impose arbitrary requirements that create unnecessary barriers to deserving applicants seeking to enforce their right to citizenship under section 4(3) of the act. This pattern of deprivation not only violates the clear provisions set forth in the Citizenship Act, but also effectively undermines the rule of law by denying individuals their legitimate rights entrenched in our Constitution, 1996. It raises serious concerns about the integrity and fairness of the implementation of the legal framework governing citizenship.
Pro Bono & Human Rights
7 min read