Legal Commentary
VAT RATE INCREASE
On 12 March 2025, the Finance Minister Enoch Godongwana announced in the 2025 Budget Speech that the standard Value-Added Tax (VAT) rate would rise from 15% to 15.5%, with effect from 1 May 2025, with a further increase to 16% planned for 1 April 2026. The increase in the VAT rate forms part of a…
Read MoreFair Competition and Freedom of Expression in the News Media
On 24 February 2025, South Africa’s Competition Commission released its provisional Media and Digital Platforms Market Inquiry (MDPMI) Report. The inquiry found that Google derives substantial value from South African digital news content, without compensating the publishers generating the content. The recommendations follow Media24’s December 2024 decision to cease printing several major titles like City…
Read MoreRIGHT TO EDUCATION
On Monday, 27January 2025, a group of parents protested outside Danie Malan Laerskool in Pretoria North demanding transformation and inclusivity at the school which allegedly excluded black learners. The parents’ contentions rest upon the fact that there are three Afrikaans classrooms, while there are only in English classroom. EFF member, Price Shabangu, who was present…
Read MoreConstitutionality of City of Johannesburg’s VIP Protection Policy
On 2 January 2025, the Johannesburg High Court declared the City of Johannesburg’s Protection and Security for VIP Risk Management System Policy (the “Policy”) unconstitutional. The Court ruled that the Policy was inconsistent with the Remuneration of Public Office Bearers Act 20 of 1998 (the “Act”) and ministerial determinations issued in terms thereof, rendering it…
Read MoreCompany Names
A company’s name is integral to the company’s identity. Apart from being a legal requirement in South Africa, a company’s name builds brand recognition, ensures compliance with regulations, and establishes its legal identity, amongst other reasons. Companies, however, sometimes choose to use a name which differs from its registered name, which may lead to potential…
Read MoreSouth Africa’s New Land Expropriation Law
President Cyril Ramaphosa assented to the new Expropriation Bill on Thursday, 23 January 2025, after 20 years of ongoing debates, legal challenges, and discussions around land reform in South Africa. The Expropriation Act 13 of 2024 (the new Expropriation Act) has sparked much controversy, primarily because the Act permits the government to expropriate land without…
Read MoreRights of Illegal Miners
Thousands of illegal miners, most of whom were undocumented foreigners, were trapped in shafts 10 and 11 of the old Buffelsfontein gold mine in Stilfontein, Northwest, from approximately August 2024 to January 2025. During this period, authorities attempted to “smoke out” the miners out by cutting off supplies and blocking various entrances, creating a single…
Read MoreResponsible Dog Ownership
On 18 October 2023, Chinelle van Niekerk was attacked by Gatlin, a Belgian Malinois trained for search-and-rescue. Chinelle was delivering dogs she had groomed to the Eilerd family, when Gatlin attacked her after she opened their door. Reports from neighbors indicate Gatlin is reactive, with several prior complaints made against the her. Chinelle is seeking…
Read MoreRights Aboard an Aircraft
On 26 December 2024, an incident occurred between a passenger and a flight attendant during a FlySafair flight from Durban to Cape Town. It has been alleged that the passenger assaulted and made racist remarks aimed at a crew member after the crew member refused to serve the passenger an alcoholic beverage. The passenger was…
Read More