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The Department of Health may classify medicines for public procurement purposes

The Pretoria High Court recently dismissed a pharmaceutical company’s application to review the Department of Health’s (DOH) decision to classify medicines for the purposes of assessing tender bids.     The DOH awarded a tender to supply surfactants to treat Respiratory Distress Syndrome at public hospitals.  The tender bid invitation was based on two therapeutic classes, … Continue reading

Regulatory requirements behind the peanut butter recall

The National Consumer Commission (NCC) has recently urged the public to return various brands of peanut butters for a refund. The manufacturer of the peanut butters had informed the NCC that the affected products contain higher than the legally accepted levels of Aflatoxin. The recall of most consumer products is regulated by the Consumer Protection … Continue reading

State-owned entities may not use self-reviews to avoid contractual obligations    

On 31 January 2024, the Supreme Court of Appeal delivered a judgment condemning state-owned entities (SOEs) that opportunistically institute review applications against their own prior decisions to avoid contractual obligations. The court emphasised that ‘self-reviews’ ought to be aimed at vindicating clean governance.     The matter involved the award of a tender by an SOE … Continue reading

The South African critical mineral opportunity and the junior mining exploration fund

The global demand and security of supply of critical minerals was a key topic of the 2024 Mining Indaba. This was highlighted by the panel discussion held by Norton Rose Fulbright. As the world’s clean energy revolution progresses, critical minerals (such as cobalt, copper, iridium, lithium, manganese, nickel and platinum group metals) used in the … Continue reading

Increase in the National Minimum Wage effective 1 March 2024

On 1 February 2024, the Minister of Employment and Labour increased the national minimum wage by 8,5% from R25,42 to R27,58 for each ordinary hour worked from 1 March 2024. The increase will apply to most workers, including farm workers and domestic workers whose minimum wage has been aligned with the national minimum wage rates … Continue reading

AI Cannot be an Inventor says Supreme Court (UK)

In December 2023, the Supreme Court of the United Kingdom held that an AI cannot be an inventor under the UK Patents Act of 1977, and accordingly patents cannot be granted for inventions derived by AI.   Thaler v Comptroller-General of Patents Designs and Trade Marks, considers Dr. Stephen Thaler’s applications for patents for two … Continue reading

Copyright Amendment Bill 2022– a good or a bad idea?

The aim of the Copyright Amendment Bill 2022 is to aid the economic interests of authors of works whilst simultaneously adapting to technological advancements.  The Bill has proposed various changes to the Copyright Act.  Numerous iterations of the Bill have been promulgated over many years, and there are conflicting views as to whether the Bill in … Continue reading

The sanctity of contracts must be counterbalanced with the constitutional principles of dignity and equality

This blog was co-authored by Lesego Moloisana, Candidate Attorney. The Applicant was the registered owner of commercial property. On 04 November 2021, the owner of commercial property cancelled the lease agreement and later changed the locks on the premises after placing the lessee on terms for arrear rentals. The lessee contended that the cancellation was … Continue reading

Section 2(4)(a) of the Apportionment of Damages Act

This blog was co-authored by Talia Rajah, Candidate Attorney. The July 2023 High Court case of Gavon Anton Broadhurst v Gearhouse Splitbeam (Pty) Limited and D P Hussey considered whether an application for leave, in terms of section 2(4)(a) of the Apportionment of Damages Act 1956, can be granted after the institution of the further … Continue reading

The issue of joinder in the absence of a claim by the plaintiff

This blog was co-authored by Dylan Hampton, Candidate Attorney. In the Ross and Another v Nedbank Limited case, the plaintiffs instituted an action against the defendant bank, for breaching its duty of care owed to the plaintiffs.  The delictual claim alleged that the bank negligently allowed the withdrawing of money from a third-party account belonging … Continue reading

For the public good: Legal Practice Act regulations on community and pro bono services by legal practitioners

Continued enrolment as a legal practitioner in South Africa is now contingent upon the achievement of the minimum period of recurring community service hours in any given calendar year. On 11 August 2023, the Minister of Justice and Constitutional Development published amendments to the regulations made under section 94(1) of the Legal Practice Act, 2014, … Continue reading

South Africa’s Transition from JIBAR to ZARONIA

This blog was authored by Rory Scott, Candidate Attorney. In recent years, financial markets globally have been implementing the reform of reference interest rates to Risk-free Reference Rates (RFRs).  South Africa, following suit, is progressing towards replacing the Johannesburg Interbank Average Rate (JIBAR) with the preferred successor rate of the Market Practitioners Group’s (MPG), most … Continue reading

Court orders vaccination of infant (UK)

A High Court in England refused an application by the mother of a nine-month old child to prevent the local authority from acting under the UK Children Act from administering routine childhood vaccinations including for diphtheria, tetanus, whooping cough, polio and hepatitis B. The opposition of the mother was based on religious grounds. The facts are … Continue reading

The terms of an agreement induced by fraud cannot be enforced

This blog was co-authored by Naledi Etsane, Candidate Attorney. In Titan Asset Management v Lanzerac, six plaintiffs instituted an action against Lanzerac Estates Investments (Pty) Ltd (first defendant) and Markus Jooste (the second defendant) in relation to a number of inter-related contracts entered into in respect of the sale of their interests in various businesses, … Continue reading

Contract from an unlawful administrative decision may be declared invalid by collateral challenge without a review application

This blog was co-authored by Felix Le Roux, Candidate Attorney. In a September 2023 judgment, the Supreme Court of Appeal (SCA) affirmed that a court is entitled to declare a contract unlawful and invalid on administrative law grounds, even in the absence of a review application by the party raising such grounds.              In October … Continue reading

Lapsed 2012 interim interdict no basis to avoid electricity disconnection

The courts have to be more vigilant when granting applications for interim interdicts. The building belonging to 39 Van Der Merwe Street, Hillbrow CC (the Applicant) and the City of Johannesburg have been in an electricity dispute since 2012. The City disconnected the Applicant’s electricity supply and was met with successful interdicts from the Applicant … Continue reading

The hefty consequences of breaching Kenyan competition law  

This blog was co-authored by Candidate Attorney, Neshalia Nayagar. The Competition Authority of Kenya recently published the Draft Consolidated Administrative Remedies and Settlement Guidelines, which are available here . The Guidelines will be used by the Authority in determining administrative penalties and offer insight into how such penalties will be calculated.  Under Kenyan competition law … Continue reading

The challenges of air travel for disabled passengers

The recent disruptions in air travel across Europe resulted in widely-published scenes of mass chaos at airports that, for many people, evoke the worst features of air travel.  Even when done well, the nature of modern air travel often does subject passengers to long queues, delays, invasive security screenings, and difficulties embarking and disembarking. One … Continue reading

No COIDA Claim for Assault by Protestors

Protectors over labour issues in the social development department caused injury to non-striking employee who was working as the Chief Director: Policy and Research. The employee instituted proceedings against the employers for the shock, humiliation which resulted in psychiatric injury and physically injuries she suffered at the hands of the protestors. The injuries occurred while … Continue reading