Minister can increase the fuel levy without parliamentary process
The Full Bench provides its reasons for dismissing the EFF’s attempt to halt the Minister of Finance’s decision to increase the general fuel levy.
Constitution
LRA Amendment Bill caps dismissal remedies for high-income earners
The proposed changes limit employees earning over R1.8m a year to compensation – capped at their annual salary – for unfair dismissal claims.
High Court orders Ramaphosa to disclose NHI signing record
The President must produce the full record of his decision-making when assenting to the NHI Bill after the court rejected arguments that such records fall outside judicial review.
Constitutionality of the minister’s power to amend tax rates remains untested
UCT tax lecturer Ben Cronin argues that by allowing the minister to amend the income tax rates by announcement in the Budget, Parliament has overstepped its competence, eroding the doctrine that places legislative authority firmly in its hands.
Major setback for medical schemes in legal battle over low-cost options
The Board of Healthcare Funders says it will appeal after the High Court dismissed its application on procedural and substantive grounds.
What the BHF and HASA are arguing in their legal challenges to the NHI Act
The Board of Healthcare Funders wants to see records that disclose whether President Cyril Ramaphosa disregarded constitutional concerns before signing the NHI Act into law.
‘Courts should not simply rubberstamp punitive costs orders against defaulting consumers’
Judge says the courts have a duty to assess whether contracts do not offend against constitutional principles, as well as the NCA and the CPA.
Constitutional Court overturns ‘deeply disturbing’ retirement fund rule judgment
The decision clarifies the application of an amended rule to the calculation of a withdrawal benefit that accrued before the amendment was approved and registered.
Vagaries surrounding NHI benefits may provide grounds for a constitutional challenge
The lack of clarity over the benefits package means one cannot determine whether the state is fulfilling its obligation to provide access to health care.
What the ConCourt’s decision means for the confidentiality of your tax records
There is still a high threshold to meet before access to an individual’s tax records will be granted.
NHI: MPs hear conflicting legal opinions on limiting the role of medical schemes
Parliamentary legal services and the State Law Adviser have different views on whether the NHI Bill will pass constitutional muster.
Changes to SA Reserve Bank’s mandate back on the table
ANC resolves the central bank should support the economy through providing solutions to unemployment.
DA wants to change the Constitution to create a Cyber Commissioner
It says an entity tasked with safeguarding fundamental rights should be directly accountable to Parliament, not the executive.
Ma-Afrika Hotels back in court with another business interruption case
The hospitality group says the lockdown restrictions discharged it from the liability to pay rent.
Sars can search and seize your property without a warrant
The Tax Administration Act (TAA) permits the warrantless search and seizure of a taxpayer’s property by the South African Revenue Service (Sars). However, this has been under scrutiny for many years because of […]
A financial planner’s take on landmark Divorce Act judgment
Last week, we reported on the landmark judgment by the Pretoria High Court that declared parts of the Divorce Act unconstitutional and invalid. The ruling means that individuals married out of community of […]
Court ruling has major implications for divorcing couples married out of community of property
The Pretoria High Court has asked the Constitutional Court to confirm an order that will have significant implications for how assets are redistributed when couples who are married out of community get divorced. […]
