Section 25(2) of the Constitution sets out the requirements for a lawful expropriation of property, one of which is that the expropriation must be for a public purpose or in the public interest. However, public purpose and public interest are not specifically defined in section 25, though some interpretative guidance is provided in section 25(4), which states that the public interest includes the nation's commitment to land reform and to reforms aimed at bringing about equitable access to all of South Africa's natural resources.
Europlaw Group, based in the Republic of South Africa and the United Kingdom, is taking its operations to Gaborone, Republic of Botswana. It will trade as Europlaw Group Botswana Limited and will become a member of Europlaw Group Incorporated - member of The International Association of Lawyers situated in Paris, France.
Europlaw 25 May 2017
Following a recent ruling against the South African Agency for Promotion of Petroleum and Exploitation (PASA), The Minister of Mineral Resources and Rhino Oil and Gas Exploration South Africa (Pty) Ltd on an application for exploration rights on more than 800,000ha in Northern KwaZulu-Natal, farmers and landowners in the province are celebrating another fracking ruling victory, this time in the Midlands region.
The recent case of ArcelorMittal South Africa Limited v NUMSA, unpacked what is meant by avoiding job losses indicating a possible change in section 189 requirements.
Samantha Bonato and Aadil Patel 25 May 2017
Executives have cited reputation as one of their top risk factors according to numerous reports. Fake news, fake social media accounts and cyber security are increasing the reputational risk in the digital world.
The Constitutional Court has ruled that back pay was a judgement debt and therefore not prescribed in the recent case of National Union of Metal Workers of South Africa obo Moses Fohlisa & 41 Others/Hendor Mining Supplies (A division of Marschalk Beleggings).
Speaking at the Indaba Ministerial Session at the Tourism Indaba in Durban, The Federated Hospitality Association of South Africa's (FEDHASA) CEO, Tshifhiwa Tshivhengwa, expressed concern regarding Airbnb's "non-compliance" and called on the government to intervene in order to ensure the online platform becomes industry compliant and regulated to safeguard the tourism sector. Tshivhengwa stressed the importance and need for all accommodation providers to abide by the same set of rules and regulations at all times.
Former finance minister Pravin Gordhan - an MP and a member of the public enterprises committee - said on Tuesday, 23 May, members of the Eskom board "have let SA down more often than not", and the time might have arrived for them to resign or be dismissed.
Linda Ensor 24 May 2017
At the 2016 Tax Indaba, Sars Commissioner Tom Moyane called for ‘tax morality'. However, today ‘tax morality' holds a different meaning, as more taxpayers are asking themselves if, in good conscience, they can pay taxes in the same manner, as they have done in the past.
Patricia Williams 23 May 2017
The use of boreholes to supplement, or replace, the conventional municipal supply is becoming more common, especially in new developments outside of traditional city limits. There are however, certain requirements that may vary from municipality to municipality.
Chantelle Gladwin-Wood and Nonhlanhla Ndlohvu 23 May 2017
Technology is advancing much more quickly than most people anticipated even a decade ago. This begs the question as to whether or not our social, economic and political institutions and structures are equipped, or have developed sufficiently, to deal with the ethical and legal challenges that these advancements have brought, and are ever more rapidly bringing.
Jared Nickig 22 May 2017
Established during 2001, the Rental Housing Tribunal (RHT) assists in resolving disputes that arise between landlords and tenants. Made up of members with housing management, development and rental housing experience, who have been appointed by the provincial minister of housing, the RHT is also tasked with implementing the Rental Housing Act.
Adrian Goslett 22 May 2017