1. A key change proposed by Labour Law Amendment Bill, 2025 is the introduction of section 77B into the Basic Condition of Employment Act, 75 of 1997 (BCEA). The proposed change is of particular importance to employers as it seeks to tackle a long-standing challenge concerning unpaid pension and provident fund contributions
On-demand, irrevocable, unconditional, and independent from underlying agreements are some of the fundamental characteristics of performance guarantees in South African infrastructure, construction, and project-related landscapes. This was reaffirmed by the High Court judgment of Bombela Operating Co (Pty) Ltd v Nedbank Ltd and Others.
Performance guarantees include preferred contractor or bid bonds, advance payment
South Africa’s Financial Surveillance Department (FinSurv) has issued a draft framework to license and supervise Alternative Remittance Providers (ARPs) and is seeking public comment by 31 March 2026. The proposal delivers on the 2025 Budget Review and aligns with FATF standards (notably Recommendation 14, which deals with licensing and oversight of money or
The Pretoria High Court held that a pension fund and its administrator lacked standing to seek the Financial Services Tribunal (FST) to reconsider a determination handed down by the Pension Fund’s Adjudicator’s (Adjudicator) , given that they do not fall within the ambit of “persons aggrieved by a decision” under section 230 of the Financial
The bank sued the defendant for cancellation of a credit agreement and return of the motor vehicle sold under that agreement. In October 2025 the High Court dismissed a defence raised by the consumer that the vehicle was defective for the purposes of the Consumer Protection Act. The court held that the bank did not
If you offer crypto-related financial services in South Africa, the Financial Sector Conduct Authority (FSCA) has issued a request to which you are required to respond. The FSCA has issued a new information request to better understand the current crypto market, improve oversight, and protect consumers.
What is this request about?
In October
The trust lent and advanced a R20 million loan to the company under a written loan agreement. To secure the loan, a special notarial bond (SNB) was registered over the company’s vehicles, machinery and equipment. The company fell in arrears with its loan repayments and remained in breach of the loan agreement. The trust sought
The liquidators of a company failed in a claim for a sum of money and interest thereon against the executor of the deceased’s estate arising from an alleged loan by the company to the deceased (who was a former director of the company) because there was no proof that the deceased agreed to be bound
The bank brought a claim against the respondent based on a guarantee signed by him wherein he irrevocably and unconditionally guaranteed to pay any amount owing by the close corporation (the debtor) as if he was the principal debtor.
The respondent disputed the sum claimed by the bank in the certificate of balance alleging that
On 29 April 2025, the National Energy Regulator of South Africa (NERSA) granted approval to the National Transmission Company South Africa (NTCSA) to classify congestion curtailment as a constrained generation ancillary service. NERSA indicated that its decision “represents a significant step toward unlocking grid connection capacity and enhancing energy availability in areas with high