Legal Commentary
Constitutionality 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…
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