Legal advisers map route forward for JIBAR transition Bill
The finance committee can remove the Bill’s proposed amendments to the invalidated Public Procurement Act and proceed with the benchmark provisions.
#ConstitutionalCourt
ConCourt clears pension obstacle in divorce redistribution claims
Following its 2023 judgment, the Court has removed the separate exclusion that prevented pension interest from being considered in qualifying post-1984 marriages.
Parliament hits pause on urgent JIBAR transition Bill
The invalidation of the Public Procurement Act has left lawmakers weighing whether removing part of the amendment Bill would require further public participation.
Procurement Act struck down: What happens to the reform now?
The rules governing public procurement remain in place, but the government’s plan for a new framework has been sent back to the drawing board.
Forex jurisdiction: what the Constitutional Court settled – and what it did not
The judgment distinguishes jurisdiction over a foreign company from jurisdiction over its offshore conduct, while leaving the Competition Act’s broader reach for another case.
ConCourt settles the test for competition authorities’ jurisdiction over foreign banks
Offshore companies are not beyond the Competition Commission’s reach, but a local connection alone will not be enough to bring them before South African competition authorities.
Has the NHI debate reached a turning point?
Discovery believes the legal challenges have shifted government’s thinking on NHI and created an opportunity to pursue a more workable path to universal health coverage.
ConCourt narrows rand-rigging case but keeps key claims alive
The Competition Commission failed to revive most claims against the banks, but the judgment clarifies the legal framework under which the remaining case will proceed.
ConCourt confirms limits of VAT relief for second-hand gold
Refining does not erase the legal significance of earlier manufacture into non-prescribed forms such as jewellery.
Parliament to assess fallout from certificate-of-need judgment
The Portfolio Committee will ask the Department of Health for a briefing on the implications of the Constitutional Court’s ruling.
NHI case hinges on one question: was the public truly heard?
The Constitutional Court must decide whether Parliament’s NHI process met constitutional standards – or whether the law must go back for a redo.
ConCourt ruling expands GAAR reach and raises investor risk
A wider interpretation of ‘party’ under GAAR means even commercially sound participants may face SARS’s scrutiny in multi-entity transactions.
SCA clarifies RAF liability: ‘any person’ includes illegal foreigners
Neither the RAF nor the Minister of Transport can limit who qualifies for compensation under the Act.
EE compliance enters enforcement phase as fines of up to 10% loom
Sakeliga’s Constitutional Court bid marks a final push to halt EE quotas as enforcement deadlines approach.
ConCourt clarifies high bar for constructive dismissal claims
Employees cannot resign based on anticipated workplace changes and claim constructive dismissal. Intolerability must be proved – and internal remedies must be exhausted first.
VDP interest relief proposed despite recent Constitutional Court precedent
Just a year after the Constitutional Court barred post-agreement interest remission in voluntary disclosure cases, Treasury proposes legislation to allow it.
High Court order stalls NHI roll-out until ConCourt decision
The Pretoria High Court formalises an agreement between the Presidency and NHI opponents to stay ongoing court proceedings.
