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AI and copyright: What the Constitutional Court’s ruling means for tech developers
At first glance, the Constitutional Court's latest copyright judgment has little to do with artificial intelligence. The Court was not asked to rule on AI, nor did it decide the legality of AI...
Speak up or lose your job? The Labour Court reinforces whistleblower protection
The recent Labour Court judgment in Peter Abednigo Mazibuko v AEL Mining Services provides important guidance on the protection afforded to employees who make disclosures concerning suspected...
Why a second draft is the right call for private transmission
In a joint statement on 1 October, the Department of Electricity and Energy and National Treasury moved the final request for proposals for South Africa’s first independent transmission projects...
Workplace conflict does not automatically equal constructive dismissal
Introduction In Fry v Commission for Conciliation, Mediation and Arbitration and Others, the Labour Court was required to determine whether an employee who resigned after a lengthy period of...
Reasons, records and rationality: A warning for municipal procurement
The Eastern Cape Division of the High Court has set aside the disqualification of Utilities World from a municipal tender and the resulting award to Contour Technology. In Utilities World...
When public participation fails: Constitutional Court invalidates the Public Procurement Act
In a landmark judgment handed down on 17 September 2026, the Constitutional Court declared the Public Procurement Act 28 of 2024 unconstitutional and invalid in its entirety. In Premier of the...
Credibility matters: Why inconsistent defences can destroy a case
A recent Labour Court judgment in City of Cape Town v South African Municipal Workers Union obo Lindani provides important guidance on how commissioners should assess evidence in dismissal disputes...
When empowerment is only on paper: A court’s warning on B-BBEE fronting
For approximately 14 years, a company relied on a black shareholder to meet its B-BBEE requirements and secure work in the mining sector. When it sought to improve its B-BBEE score, it attempted to...
A signed payment certificate is a cheque, not an opening bid
Once a principal agent, engineer, or project manager signs off a contractor's payment application, the employer is on the hook. The signed certificate stops being a request for payment that either...
Reading between the lines of South Africa’s Industrial Development Strategy
In June 2026, the Department of Trade, Industry, and Competition published South Africa's new Industrial Development Strategy. It names affordable, reliable electricity as the biggest and most...
Pay now, argue later: The two narrow doors out of an adjudicator’s decision
Pay now, argue later: The two narrow doors out of an adjudicator's decision If an adjudicator of a construction dispute issues a determination in your favour, the other side must pay you now...
You did not sign the contract. You can still be bound to its arbitration clause.
You did not sign the contract. You can still be bound to its arbitration clause. An employer on a Camps Bay building project paid 14 of the 15 payment certificates issued to its contractor....