In October 2025, the Labour court concluded that the broker that serviced high profile wealth clients had reasonable reasons for dismissal of a wealth manager and that the employee’s explanation for her misconduct was unacceptable. The court explained that the arbitrator should have considered what was reasonable and fair for an employer in the applicant’s
In a judgment handed down on 1 October 2025, the Supreme Court of Appeal ruled that the lack of collective capacity of the highest-ranked bidder across multiple related tenders was an objective consideration that justified the award of some of the tenders to the next-ranked bidders.
The matter arose from seven tenders issued by the
In October 2025, the Supreme Court of Appeal held that a claim against an organ of government for reimbursement under the legal principle of unauthorised administration by one person on behalf of another (negotiorum gestio) does not qualify as a “debt” under the Institution of Legal Proceedings against certain Organs of State Act
In a March 2025 judgment, the Supreme Court of Appeal held that a state entity is entitled to exclude a bidder from consideration for a tender based on credible allegations and evidence of fraud; and that an extended public procurement process may proceed with only those bidders who consented to the extensions if the terms
On 28 March 2025, the Labour Court delivered its decision in Makombe v Cape Conference of the Seventh-day Adventists. The court held that the claimant pastor was constructively dismissed – even though she resigned of her own accord. The judgment confirms that an employer can be held liable not only for direct mistreatment, but also
This blog is co-authored by Mehjubeen Karjieker, candidate attorney.
In May 2025 the Constitutional Court held that, in truly exceptional circumstances, it will rescind its own earlier orders to cure a grave injustice. The employee in the case persuaded the Constitutional Court that the Labour Court had erred in failing to decide a key issue
This blog is co-authored by Jose de Faria (Candidate Attorney) and Saajidah Simjee (Candidate Attorney).
Employers undertaking restructuring or outsourcing should take careful note of an August 2025 judgment by the Labour Appeal Court (LAC) wherein it was found that, due to the automatic nature of section 197 transfers between employers, employees need not
This blog is co-authored by Caroline Cotton, candidate attorney.
The Constitutional Court has handed down a unanimous judgment in Jordaan and Others v Minister of Home Affairs and Another (11 September 2025) that will reshape South Africa’s surname-change regime and deepen equality jurisprudence. Below we distil the essentials and outline practical implications for employers, financial
A municipality can be held liable if it fails to repair dangerous public infrastructure of which it is or should be aware and someone is harmed as a result. A September 2025 Supreme Court of Appeal judgment has confirmed that a municipality can be held legally responsible for injuries or death caused by an uncovered
In an April 2025 judgment, the High Court ruled that private hospitals performing public functions cannot avoid the scrutiny of constitutional and administrative law standards, especially if the constitutional rights of patients may be affected.
The matter arose from a private hospital’s decision to terminate the practising privileges of an oncologist with specialised expertise in