Juta

30/03/2026

[In Legalbrief Today]

PUBLIC BODY MUST PROVIDE INFORMATION TO A COMPLIANT REQUESTER (PAIA, S 11)

In Eskom Holdings SOC Limited and Another v AfriForum NPC (1049/2024) [2026] ZASCA 34, the Supreme Court of Appeal held that the default position under s 11 of PAIA is that that a compliant requester must be given access unless a ground for refusal is properly made out. AfriForum sought access to Eskom's active coal and diesel contracts under the Promotion of Access to Information Act 2 of 2000 (PAIA). Eskom refused, relying on ss 42(3)(b) and (c) and 36(1)(b) and (c) of PAIA, claiming disclosure would harm its commercial and financial interests and those of third parties. The SCA confirmed the test from Transnet Ltd v SA Metal Machinery Co (Pty) Ltd 2006 (6) SA 285 (SCA): the distinction between "would be likely to cause harm" and "could reasonably be expected" lies not in degrees of probability but of expectation, both requiring objectively probable results. Applying that test, the court found Eskom's reasons contradictory and unsustainable. Coal and diesel are procured through open competitive tender processes; prices are publicly known; unsuccessful bidders are entitled to access awarded contracts; and no factual basis for anticipated collusion or commercial harm was established. The default position under s 11 of PAIA, that a compliant requester must be given access unless a ground for refusal is properly made out, therefore applied. The court found it unnecessary to determine the s 46 public-interest override, noting that general allegations of corruption are insufficient to satisfy that provision.

Eskom’s appeal against the high court's order directing Eskom to grant AfriForum access to its coal and diesel contracts was dismissed.

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Judgment: https://bit.ly/4tnXGnL

Summary: https://bit.ly/4v2lf73

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27/03/2026

In this week’s Medical Brief…

Overdue patient fees have climbed to a staggering R4.6bn at Gauteng provincial hospitals and, in the case of a private hospital, led to a fight for payment all the way up to the Supreme Court of Appeal which this week ruled in its favour.

In another significant ruling, the Supreme Court of Appeal has ordered that the generic prostate cancer medication Enzutrix remain available at an affordable price, following a patent battle between the Regents of the University of California, which owned a South African patent for the prostate cancer drug Xtandi, and Eurolab, which introduced the generic product.

And a recently published report has found that he processes used by medical schemes to carry out forensic audits on physiotherapists are unfair, revealing troubling ethical and procedural gaps, according to the authors, and which calls for urgent reform.

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26/03/2026

[ IN THIS WEEK'S IBA LEGALBRIEF AFRICA ]

The World Bank's decision to ban PricewaterhouseCoopers (PwC) firms in Kenya, Rwanda and Mauritius from participating in bank-funded projects for 21 months over fraud has rocked East Africa. According to the Luxembourg Times, the World Bank has barred the PwC affiliates from providing professional services for projects it finances for 21 months. The units engaged in 'collusive and fraudulent practices' as part of their work on the construction of a high-voltage electricity transmission line linking Kenya and Ethiopia, the Washington-based lender said.

On the contentious immigration issue, Nigeria and the UK have agreed on a deal to make it easier to remove Nigerians with no right to be in the UK. For the first time, the Nigerian Government will recognise UK letters – an identification document issued to individuals without a valid passport – so people will no longer have to wait for emergency travel documents to be issued before they can be returned. But in the courts, the UK is challenging a claim by Rwanda that Britain still owes it £100m under a controversial refugee resettlement deal that Prime Minister Keir Starmer scrapped immediately after taking office in 2024. The 2022 deal struck by Starmer's predecessor Rishi Sunak involved sending migrants who arrive in the UK as stowaways or in boats to Rwanda.

Also in the courts, Uganda’s Constitutional Court has struck down the Computer Misuse Act, a controversial law which critics have said blurred the line between cybercrime enforcement and the criminalisation of dissent. The Constitutional Court ruling directed that no trial based on the Computer Misuse Law should proceed, which was welcomed by X users in Uganda, free speech advocates, lawyers and the public in a country where criticism of authorities can lead to jail sentence or result in an abduction by masked security operatives.

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25/03/2026

[In Legalbrief Today]

CONCOURT SLAMS ‘APPALLINGLY UNCARING’ MUNICIPALITY FOR DENYING EMERGENCY SHELTER TO QUMBU DISASTER VICTIMS

Twenty-nine residents of rural Qumbu, Eastern Cape lost their homes in a severe weather event in 2022. They sought temporary emergency shelter from their municipality. Both the local and district municipalities denied that any disaster occurred, without ever visiting the site and deflected the applicants to RDP housing queues. The ConCourt held that a formal declaration of disaster under s 55 is NOT required before municipalities must act. Section 54(3)(a) of the Disaster Management Act obliges the municipality to respond using existing legislation, including the Housing Act & National Housing Code. Bare denials without site inspection cannot create a bona fide dispute of fact. Primary responsibility for local disasters lies with the district municipality under s54(1)(b). The municipalities' conduct of deny, divert and deflect was unlawful and unconstitutional. The matter was remitted to the high court on quantum of relief.

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Summary: https://bit.ly/4bxSgR0

Judgment: https://bit.ly/4bMLllJ

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25/03/2026

The Digital Health Show 2026 has officially kicked off today at the Sandton Convention Centre.

Bringing together healthcare leaders, innovators, and policymakers, the event is spotlighting how digital transformation is shaping the future of healthcare in Africa.

Learn more: https://bit.ly/4t3Y9v1

24/03/2026

In this week’s Medical Brief…

Pregnant women in South Africa – specifically in Gauteng and KwaZulu-Natal – are subjected to alarming levels of obstetric violence during their pregnancies, childbirth and postpartum care, with at least 60% being subjected to some form of mistreatment.

A medico-legal case in the North West offers key lessons about diagnoses and experts' testimony. The case relates to a woman who had a finger fracture in 2016 and has been left with a permanently disabling condition after staff at a provincial hospital failed, over months of repeat visits, to recognise a well-known complication of her injury.

And a manufacturing problem in millions of Abbott glucose sensors has been tied to at least seven deaths and hundreds of injuries worldwide. The company’s warning about the problem, and its recall, has alarmed the many thousands of people who rely on these monitors, but also came too late for a number of them.

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23/03/2026

[ IN THIS WEEK'S IBA LEGALBRIEF AFRICA ]

Ghana is taking the fight for slavery reparations to the UN with seeking a resolution recognising transatlantic slavery as the ‘gravest crime in the history of humankind’ despite resistance in Europe. The West African nation, a prominent advocate of reparations on the continent, plans to table the proposal at the UN General Assembly, possibly as this month, its Foreign Ministry said. The plan marks a new step in Africa's efforts to seek accountability for historical injustices by former colonial powers, and the country hopes it will ‘enjoy the support of many member states’. Several European leaders have opposed even discussing the subject, with critics arguing today's states and institutions should not be held responsible for historical wrongs.

In Kenya, tensions are rising between medical professionals and the state over alleged attempts by government to take over a major hospital. The Kenya Medical Practitioners and Dentists Union has threatened to down tools over what they have described as the unfair and mysterious arrest and treatment of officials linked to the Nairobi hospital. The union is specifically protesting against the arrest of Dr Job Obwaka, an 83-year-old doctor and a board member of the Nairobi hospital. The obstetrician and gynaecologist was arrested on Saturday morning under what the union said are unclear and disturbing circumstances.

And the families of victims of South Africa's apartheid-era crimes currently under the spotlight at a commission of inquiry, have slammed what they say is a ‘closing of the ranks’ on the part of former heads of state Jacob Zuma and Thabo Mbeki, and the incumbent, President Cyril Ramaphosa. The former Presidents – unopposed by Ramaphosa – are seeking to remove Judge Sisi Khampepe, chair of the commission looking into allegations that murder and torture cases recommended for prosecution by the Truth and Reconciliation Commission (TRC) were deliberately blocked. The commission is mandated to investigate allegations that political interference within SA’s criminal justice system prevented hundreds of cases involving killings, disappearances and other serious crimes from being prosecuted after the TRC process. Applicants in the case represent families of several high-profile victims and activists, including members of the Cradock Four, the Pebco Three and individuals who were forcibly disappeared during the apartheid era.

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20/03/2026

[In Legalbrief Today]

A STEPPARENT MAY INCUR A MAINTENANCE OBLIGATION TOWARDS STEPCHILDREN PENDENTE LITE

In BE v NT and Others, the Supreme Court of Appeal confirmed the high court’s ruling that a stepparent who voluntarily assumes a parental role may incur a maintenance obligation towards stepchildren pendente lite.

The parties married in 2018 out of community of property subject to the accrual system. NT's two minor children from a previous relationship resided with the couple throughout the marriage. Although BE never adopted the children, the high court found that the parties had formed a new family unit and that BE had consciously assumed a parental role. He paid school fees, covered general living expenses, retained the children on his medical aid, and communicated to third parties that his commitment to "our kids" would continue post-separation. The children's biological father remained involved and contributed approximately R7 000 per month, but the high court held this did not diminish BE's assumed obligations. Relying on the constitutional right to parental care, which it extended to stepparents acting in the stead of a biological parent, the high court found that BE's abrupt financial withdrawal upon separation denied the children a sustainable livelihood. His conduct had induced reliance by both NT and the children's biological parents, making summary termination of support impermissible pendente lite.

BE was ordered to pay cash maintenance of R40 000 per month, retain the children on his medical aid, meet medical expenses, and contribute R1 million towards NT's legal costs.

Judgment: https://bit.ly/40IgKRm

Summary: https://bit.ly/40IgOR6

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20/03/2026

[In Legalbrief Today] RULE 43 MAINTENANCE ORDERS ARE NOT APPEALABLE DECISIONS

In BE v NT and Others, the Supreme Court of Appeal a rule 43 interim maintenance order does not constitute an appealable "decision" under s 16(1)(a) of the Superior Courts Act 10 of 2013, for several cumulative reasons.

First, s 16(3) of the Act expressly bars appeals against maintenance pendente lite orders. Second, applying the interests of justice standard confirmed in United Democratic Movement v Lebashe Investment Group and S v S, the order was provisional, revisable under rule 43(6), and non-binding on the trial court. Third, no rights were finally determined, as the divorce proceedings remained pending. Fourth, permitting the appeal would frustrate rule 43's purpose of expeditious, inexpensive interim relief, particularly protective of financially vulnerable spouses and children. Alternative redress, including a rule 43(6) reconsideration or invocation of s 173 of the Constitution before the high court, remained available. The appellant's prospects of success on the merits carried limited weight on appealability.

The appeal is struck from the roll struck the appeal from the roll for lack of jurisdiction. Leave to appeal, though granted by two judges of the SCA on petition, cannot confer jurisdiction where the statutory framework and the interests of justice deny it.

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Judgment: https://bit.ly/4bAWUMy

Summary: https://bit.ly/4lGpq41

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20/03/2026

We’re proud to have partnered with South African Society for Labour Law for the YSS National Conference and to support the next generation of labour law professionals. ⚖️

It was a pleasure providing delegates with Juta’s Pocket Statutes: Labour Relations Act & CCMA Related Material — ensuring students and practitioners have access to reliable, up-to-date legislation, including the Labour Relations Act 66 of 1995.

Thank you to SASLAW for the opportunity and for your continued work in advancing labour law in South Africa.

📚 Explore the full range of Juta Pocket Statutes and stay informed, stay compliant.

SASLAW Partner – Juta
YSS National Conference Book Gift
Thank you!

Labour Law students and in person delegates who attended the SASLAW YSS National Hybrid Conference on 14 March 2026 received a complimentary copy of the JUTA’s Pocket Statutes – “LABOUR RELATIONS ACT & CCMA RELATED MATERIAL” – recently updated in September 2025.

Stay Informed, Stay Compliant! Juta's Pocket Statutes give you the essential legislation you need — updated, accurate, and easy to reference.
View the range of pocket statutes on the Labour Relations Act 66 of 1995 & CCMA Related Material - https://juta.co.za/catalogue-details/labour-relations-act-66-of-1995-and-ccma-related-material-4_1300

Thank you JUTA for your commitment to the advancement of labour law in South Africa!

20/03/2026

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20/03/2026

In this week’s Medical Brief…

Health Minister Aaron Motsoaledi has placed the head of the department, Sandile Buthelezi and two other senior officials under precautionary suspension pending the outcome of the their fraud and theft trial.

In the courts, two families are squaring up in a dispute likely to have lifelong impact. A black couple from Ballito wants the courts to compel an Indian woman to allow a DNA test on her child, claiming he was born from their embryo that was given to her by mistake at a fertility clinic nine years ago.

And the judge in the ongoing Madlanga commission of inquiry into alleged police capture has raised issues about questionable, last-minute sick notes submitted by witnesses, saying he would refer the matter to the medical council and was considering summoning doctors to explain.

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