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Regulatory News
Regulatory

Minister Creecy Rejects RAF Fuel Levy Increase: No 33.3% Hike

Moneyweb · 14 Oct

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Competition Tribunal ZA: Approves Brenthurst Coral Cove, Umphakathi Mall Mergers

Competition Tribunal South Africa · 13 Oct

Legal News
South Africa
Case Law

Tanzanian High Court: Strikes Pula Motsepe $195M Lawsuit Over Procedural Flaw

A Tanzanian court, specifically the High Court, struck out a long-running case brought by Pula Group LLC against South African billionaire Patrice Motsepe and affiliated firms on October 9, as reported by African Rainbow Minerals Ltd. The High Court of the United Republic of Tanzania's decision involved a claim by Pula Group LLC seeking $195 million (R3.2bn) in damages from Patrice Motsepe, African Rainbow Minerals Ltd (ARM), African Rainbow Capital Investments Ltd, and ARCH Sustainable Resources GPCO Ltd. Pula alleged a breach of a non-compete contract after Motsepe's firms invested in Evolution Energy Minerals Ltd, whose project was located near Pula's graphite project. Judge FM Mirindo initially struck the case off the roll on August 7, citing Pula's failure to join Evolution companies as necessary parties, without determining the alleged breach of contract or awarding damages. Pula subsequently filed a notice of appeal on August 24, expressing dissatisfaction with the High Court's decision and appealing "against the whole of that decision." This development holds significant legal implications for practitioners involved in complex international commercial disputes, particularly those with cross-border investment components. It underscores the critical importance of procedural compliance, specifically regarding the joinder of necessary parties, within the Tanzanian legal framework. A failure to include all parties whose rights or interests could be directly affected by the litigation can lead to a case being struck out, even before its substantive merits are considered. For South African companies operating or investing in Tanzania, this case highlights the need for meticulous adherence to local procedural rules and a thorough understanding of the host country's judicial processes. The legal context for this matter primarily involves the procedural rules governing the High Court of the United Republic of Tanzania, likely under its Civil Procedure Code, which dictates requirements for party joinder. The High Court serves as a superior court with original jurisdiction over commercial disputes. Pula's subsequent appeal indicates the availability of appellate remedies within the Tanzanian judicial hierarchy, allowing for a review of High Court decisions. The underlying dispute also touches upon principles of contract law concerning non-compete clauses and the remedies for their alleged breach. Key parties include Pula Group LLC as the claimant, Patrice Motsepe and his associated firms (ARM, African Rainbow Capital Investments Ltd, ARCH Sustainable Resources GPCO Ltd) as the respondents, and Evolution Energy Minerals Ltd as the unjoined necessary party, with Judge FM Mirindo presiding over the initial High Court decision. Attorneys advising South African businesses with interests in Tanzania should take note of this ruling as a crucial reminder to conduct thorough due diligence on procedural requirements, especially concerning the identification and joinder of all necessary parties in litigation. Non-compliance can result in significant delays and the striking out of a case, irrespective of the merits of the substantive claim. Furthermore, businesses should carefully review and draft non-compete clauses in international agreements, considering their enforceability across different jurisdictions. Given that Pula has appealed the decision, practitioners should monitor the outcome of the appeal, as it will provide further clarity on the interpretation and application of procedural rules and contract law in Tanzania, impacting future cross-border commercial litigation.

14 Oct
South Africa
Legal News

South Africa: Chicken Trade Protection Drives 16.2% Consumer Price Hike

Trade attorney Kherina Narotam, speaking on behalf of the Association of Meat Importers and Exporters (AMIE), examined claims that chicken trade protection has driven consumer prices up by 16.2% in South Africa, as reported by Moneyweb. This discussion is highly significant for legal practitioners and businesses operating within South Africa's import and export sectors, particularly in the agricultural and food industries. It highlights the direct impact of trade policy decisions, such as tariffs or anti-dumping duties, on market dynamics and consumer costs. The debate around whether protectionist measures genuinely benefit local industries or merely inflate prices for consumers is a recurring and critical one, influencing policy advocacy, competition law considerations, and supply chain strategies for importers, producers, and retailers alike. The legal context for such claims primarily involves South Africa's trade remedies framework, governed by the International Trade Administration Act 71 of 2002, and administered by the International Trade Administration Commission (ITAC). ITAC is responsible for investigating and recommending trade protection measures, including anti-dumping, countervailing, and safeguard duties, which are then implemented by the Minister of Trade, Industry and Competition. The claims also touch upon competition law principles, as excessive pricing or market distortions resulting from protection could attract scrutiny from the Competition Commission. The key parties involved are Kherina Narotam, representing AMIE, and implicitly, the various government bodies responsible for trade policy and competition oversight, as well as the broader consumer base. For practitioners, the key takeaway is the necessity of closely monitoring developments in trade policy and regulatory decisions affecting key commodities like poultry. Attorneys advising clients in the import/export space must be adept at navigating ITAC investigations, understanding the criteria for imposing or challenging trade remedies, and assessing the economic implications for their clients' businesses. Businesses should actively engage with industry associations and legal counsel to advocate for their interests, whether in favour of or against specific trade protection measures, and to ensure compliance with all relevant trade and competition regulations. The outcome of the specific claims regarding the 16.2% price increase is not reported in this excerpt, but the ongoing nature of the debate signals continued legal and economic scrutiny.

14 Oct
South Africa
Legislation

National Treasury Briefs Parliament: South Africa Special Pensions Amendment Bill Advances

National Treasury recently briefed the South African Parliament on proposed amendments to the Special Pensions Amendment Bill, conducting a clause-by-clause analysis to address misalignments identified during the implementation of the existing Special Pensions Act. This legislative initiative signals a proactive effort by the government to refine and improve the efficacy of a critical social security framework. The briefing highlighted specific areas where the current Act has proven challenging in practice, necessitating statutory adjustments to ensure its intended objectives are met more effectively and equitably for its beneficiaries. The process involves a detailed review of each proposed change, indicating a thorough approach to legislative reform. The legal significance of these proposed amendments is substantial for both current and prospective beneficiaries of special pensions, as well as for legal practitioners advising in this specialised area. The rectification of "misalignments" implies that the amendments could impact eligibility criteria, benefit calculation methodologies, administrative procedures, and potentially even the appeals process for special pensions. For practitioners, understanding these changes is paramount to accurately advise clients, ensuring they are aware of their rights and obligations under the revised framework. Businesses involved in administering or advising on pension funds, particularly those with historical links to the special pensions regime, will also need to assess the operational and compliance implications of the new provisions. These amendments operate within the broader South African legislative framework governing social security, primarily the Special Pensions Act itself, which provides for pensions to persons who made sacrifices for the establishment of a democratic constitutional order. The legislative process involves the National Treasury, as the driving force behind the amendments, presenting its proposals to Parliament, which holds the ultimate responsibility for enacting legislation. The Bill will undergo various stages, including committee deliberations, public hearings, and debates in both the National Assembly and the National Council of Provinces, before potentially being assented to by the President. This process ensures democratic oversight and public participation in shaping laws that affect a vulnerable segment of the population. Attorneys and legal professionals should closely monitor the progression of the Special Pensions Amendment Bill through Parliament. It is crucial to stay abreast of the specific details of the proposed amendments, particularly those addressing the identified "misalignments," as these will directly inform advice given to clients. Practitioners should anticipate potential changes to application requirements, benefit structures, and dispute resolution mechanisms. Engaging with parliamentary committee processes, where public submissions are often invited, could also provide an opportunity to influence the final shape of the legislation. Proactive engagement and continuous monitoring will be key to effectively guiding clients through the evolving landscape of special pensions law in South Africa.

14 Oct
South Africa
Legal News

Constructive Dismissal ZA: High Bar for Internal Grievance Claims

The article asserts that constructive dismissal is not an automatic escape route for dissatisfied employees, nor does every workplace grievance entitle an employee to resign and claim constructive dismissal, emphasizing the importance of exhausting internal grievance processes in South Africa. This statement is profoundly significant for both employers and employees, as well as their legal representatives, within the South African labour landscape. For employees, it clarifies the high evidentiary burden required to prove constructive dismissal, discouraging premature resignations and highlighting the necessity of attempting to resolve workplace issues through established internal channels. For employers, it underscores the critical importance of having fair, accessible, and effective internal grievance procedures, as their absence or inadequacy can inadvertently strengthen an employee's claim that continued employment was indeed intolerable. It serves as a reminder that proactive and diligent management of workplace disputes is essential to mitigate the risk of costly and protracted litigation. In South Africa, constructive dismissal is governed by Section 186(1)(e) of the Labour Relations Act 66 of 1995 (LRA), which defines it as a dismissal where an employee terminates a contract of employment because the employer made continued employment intolerable. Established case law from the Labour Court and Labour Appeal Court has consistently held that an employee must demonstrate that they had no reasonable alternative but to resign, and that they exhausted all reasonable internal remedies before doing so. The onus rests squarely on the employee to prove that the employer's conduct rendered the employment relationship intolerable. The article implicitly refers to the principle that internal dispute resolution mechanisms are the primary forum for addressing workplace grievances before resorting to external legal action. Key parties involved in such disputes typically include the employee, the employer, and ultimately, the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court, which would adjudicate the matter if conciliation fails. For practitioners, the key takeaway is to advise employers to establish and consistently apply robust internal grievance procedures, ensuring they are well-communicated and genuinely responsive to employee concerns. For employees, legal counsel should strongly advise against immediate resignation in the face of workplace dissatisfaction. Instead, they should guide employees to meticulously document grievances, formally raise them through internal channels, and provide the employer with a reasonable opportunity to address the issues before considering a constructive dismissal claim. Understanding the stringent legal requirements and the high evidentiary burden on employees in constructive dismissal cases is paramount for effective legal strategy for both sides.

14 Oct
South Africa
Legal News

TFG London Cyberattack: UK Fashion Brands Hit by Data Breach

South African retail giant The Foschini Group Limited (TFG) suffered a cybersecurity breach targeting its United Kingdom operations, impacting several prominent high street fashion brands, which was identified on Sunday, 11 October 2026, and publicly disclosed on 13 October 2026 via a voluntary SENS announcement. This incident carries significant legal implications for multinational corporations, underscoring the critical importance of robust cybersecurity frameworks and incident response planning across diverse jurisdictions. For legal practitioners, it highlights the complex web of data protection regulations that companies must navigate, particularly the stringent requirements of the UK's General Data Protection Regulation (GDPR) and Data Protection Act 2018. The ongoing investigation into whether customer or corporate data was compromised means TFG faces potential mandatory breach notification obligations to the Information Commissioner's Office (ICO) and affected individuals, with severe penalties for non-compliance. Furthermore, the incident raises questions about corporate governance and the duty of directors to ensure adequate risk management, including cybersecurity, for all operational entities. The legal context is primarily defined by UK data protection law, specifically GDPR, which mandates strict rules for processing personal data, including security measures and breach reporting. Should personal data be compromised, TFG would be required to report the breach to the ICO within 72 hours of becoming aware, and potentially to individuals if the breach poses a high risk to their rights and freedoms. The reporting to "relevant UK authorities" suggests engagement with law enforcement and potentially other regulatory bodies. While the breach is isolated to the UK, TFG's status as a JSE-listed entity in South Africa necessitates transparent and timely disclosure under the JSE Listings Requirements, which it fulfilled. Key parties involved include The Foschini Group Limited, its UK division (TFG London), external cyber forensic experts, and various UK regulatory authorities. For attorneys advising retail or multinational clients, the key takeaway is the imperative to ensure comprehensive, jurisdiction-specific cybersecurity policies and incident response plans are in place and regularly tested. This includes clear protocols for breach detection, containment, assessment, and notification, tailored to the requirements of GDPR and other relevant data protection laws. Businesses must invest in robust security infrastructure, conduct regular cybersecurity audits, and provide ongoing employee training to mitigate risks. Furthermore, for listed companies, accurate and timely disclosure of such incidents is crucial for regulatory compliance and maintaining investor confidence. The ongoing nature of the forensic investigation means potential liabilities related to data compromise remain a significant concern that legal teams must actively monitor and manage.

14 Oct
South Africa
Legal News

South Africa: 75% Of Illicit Cigarettes Sold Below Tax Threshold

New research has found that approximately 75% of stores surveyed in South Africa continue to sell cigarettes priced below the Minimum Collectable Tax (MCT) threshold of R27.12, indicating widespread availability of illicit tobacco products in the retail market. This pervasive non-compliance with South Africa's tax regulations carries significant implications for the national fiscus, legitimate tobacco businesses, and public health initiatives. The continued sale of illicit cigarettes undermines government efforts to collect excise duties, leading to substantial revenue losses that could otherwise fund essential public services. Furthermore, it creates an unfair competitive environment for compliant manufacturers and retailers, who bear the full burden of taxation, while also potentially making tobacco products more accessible and affordable, thereby counteracting public health objectives aimed at reducing smoking rates. The legal framework governing this issue primarily involves the Customs and Excise Act, No. 91 of 1964, and its associated regulations, which establish the Minimum Collectable Tax for tobacco products. The South African Revenue Service (SARS) is the key regulatory body tasked with enforcing these tax laws and combating illicit trade. The widespread nature of the problem, as highlighted by the study, suggests potential systemic failures in enforcement or sophisticated evasion tactics. The issue also touches upon competition law, as illicit trade distorts market dynamics, and potentially criminal law for tax evasion and smuggling. Key parties involved include the South African government, particularly SARS and the National Treasury, who are responsible for tax policy and collection. Legitimate tobacco manufacturers and retailers, who comply with the tax regime, are directly impacted by the unfair competition. Consumers who purchase these products, often unknowingly, also play a role. The entities involved in the illicit trade, from manufacturers to distributors and retailers, are the primary subjects of enforcement efforts. The

14 Oct
South Africa
Legal News

South Africa: Free Cyber Crime Victim Helpline Offers Crucial Support

A new free cyber crime victim helpline has launched in South Africa, a collaboration between MiDO Academy, The Cyber Helpline, and AWS. The service offers confidential support to individuals and sole traders for various cyber incidents, including online fraud, identity theft, and hacked accounts.

14 Oct
South Africa
Legal News

Boxer Eshowe: Disciplinary Hearing Shooting Kills 3 Managers

In a tragic incident in Eshowe, KwaZulu-Natal, South Africa, three people were shot dead inside a Boxer grocery store on Saturday, 10 October, by a former employee who allegedly returned with a firearm after a disciplinary hearing. This horrific event underscores critical legal and operational risks for employers across South Africa, particularly concerning workplace safety, security protocols, and the management of sensitive employee relations, such as disciplinary processes. The incident will undoubtedly trigger extensive investigations under various legal frameworks, including occupational health and safety legislation, criminal law, and potentially civil claims against the employer for alleged negligence. It highlights the severe consequences when workplace disputes escalate into violence, demanding a proactive and comprehensive approach to risk management from all employers. The legal context for this incident is multi-faceted. The Occupational Health and Safety Act (OHSA) No. 85 of 1993 places a stringent duty on employers to provide and maintain a working environment that is safe and without risk to the health of employees. Failure to adequately secure premises or manage known risks could lead to significant penalties under OHSA. Furthermore, the incident falls squarely within the ambit of criminal law, with the South African Police Service (SAPS) actively investigating charges of murder against the alleged perpetrator. While the excerpt does not detail the disciplinary hearing's specifics, the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA) govern fair labour practices and disciplinary procedures, though the focus here is on the violent aftermath rather than procedural fairness. Civil liability for negligence, under common law, could also arise if it is found that Boxer failed to take reasonable steps to prevent foreseeable harm to its employees. Key parties involved are Boxer, the employer, who is cooperating with the investigation and supporting the affected families. The three deceased employees, including Thandiwe Chili, were managers at the store. The alleged perpetrator is a former Boxer employee, currently being sought by the SAPS. The SAPS is the primary investigative body, and the Department of Employment and Labour may also become involved to assess OHSA compliance. The families of the deceased are crucial stakeholders who may pursue legal recourse. The outcome of the criminal investigation and any potential civil or OHSA proceedings is not yet reported. Attorneys advising employers must urgently review and strengthen their clients' workplace safety and security protocols, especially around sensitive events such as disciplinary hearings, terminations, or managing disgruntled employees. This includes conducting thorough threat assessments, implementing robust physical security measures, and developing clear emergency response plans. Employers should ensure their disciplinary processes are not only procedurally fair but also consider potential risks to employee safety, including post-disciplinary security measures for all parties involved. Proactive risk mitigation, comprehensive training for managers, and clear communication channels are essential to prevent similar tragedies and to ensure compliance with all relevant labour and safety legislation.

14 Oct
South Africa
Case Law

South Africa Labour Court: Erarite v CCMA Social Media Dismissal Upheld

In South Africa, the Labour Court, in the case of Erarite (Pty) Ltd t/a Khayelitsha Superspar v Commission for Conciliation, Mediation and Arbitration and Others (C424/2022) [2026] ZALCCT 53 (23 March 2026), considered the substantive fairness of an employee's dismissal for social media misconduct, specifically involving Mr. Cloudious Gogo, a Bakery Manager, who posted a provocative biblical passage on WhatsApp during a period of heightened xenophobic tensions in the workplace. The Court's decision illustrates the complex interplay between an employee's online conduct outside the conventional workplace and its potential impact on the employment relationship, particularly when specific instructions were given to avoid exacerbating workplace tensions. This judgment holds significant legal importance for South African employers, employees, and labour law practitioners, as it clarifies the principles governing social media misconduct and the proportionality of disciplinary sanctions. It underscores that while misconduct may be established, dismissal is not an automatic consequence; rather, the seriousness of the conduct must be assessed within its unique factual context, and the sanction must be proportionate to both the misconduct and the employee's specific circumstances. The case highlights the challenges employers face in managing employee conduct in the digital age, especially when personal online activities spill over into the professional sphere and affect workplace harmony or operational stability. The legal context for this case is rooted in South African labour law, primarily the Labour Relations Act 66 of 1995, which mandates that dismissals must be both substantively and procedurally fair. Substantive fairness requires a valid reason for dismissal, while procedural fairness dictates that a fair process must be followed. The Commission for Conciliation, Mediation and Arbitration (CCMA) is the initial forum for resolving unfair dismissal disputes, with the Labour Court having review jurisdiction over CCMA awards and original jurisdiction over certain labour matters. This case specifically addresses the evolving interpretation of "misconduct" in the context of social media, where the boundaries of the "workplace" extend beyond physical premises. Key parties include Erarite (Pty) Ltd t/a Khayelitsha Superspar as the employer, Mr. Cloudious Gogo as the employee, and the Labour Court as the adjudicating body. Practitioners in labour law should advise employers to develop and regularly update comprehensive social media policies that clearly define acceptable and unacceptable online conduct, both during and outside working hours, particularly when such conduct could impact the workplace. These policies should be communicated effectively to all employees. Employers must ensure that any disciplinary action taken for social media misconduct is preceded by a thorough investigation, considers the specific context and potential impact on the workplace, and results in a sanction that is proportionate to the offence, avoiding automatic dismissal. Employees, conversely, should be counselled on the potential ramifications of their online posts, even on private platforms, if they can be linked to their employment or affect workplace relations, safety, or operational stability.

14 Oct