https://www.bizcommunity.com/Legal South Africa Legal news 15 Legal news - South Africa https://www.bizcommunity.com/res/img/logo.gif https://www.bizcommunity.com/Legal en-us Mon, 24 Aug 2026 08:17:34 +0200 https://www.bizcommunity.com/article/court-rules-employers-cannot-use-retrenchment-to-avoid-reinstatement-520830a Reinstatement has long been recognised as the primary remedy for substantively unfair dismissal under the Labour Relations Act. Yet employers frequently raise the same practical objection when faced with an order restoring an employee to work: what happens if the employee's job no longer exists? 1-271046 Fri, 21 Aug 2026 12:56:00 +0200 Bizcommunity Legal South Africa https://www.bizcommunity.com/article/sanef-condemns-alleged-intimidation-of-sowetan-journalist-at-madlanga-commission-308648a The South African National Editors’ Forum (Sanef) has condemned the alleged intimidation of Sowetan journalist Herman Moloi while he was reporting from the Madlanga Commission, saying threats against journalists also threaten the public’s right to know. 1-271023 Fri, 21 Aug 2026 09:00:00 +0200 Bizcommunity Legal South Africa https://www.bizcommunity.com/article/fired-for-posing-like-a-marketing-cutout-why-the-ccma-and-labour-court-said-unfair-853123a The Labour Court last week, 12 August, dismissed an application by Academy Brushware to review a CCMA decision that ruled an employee's dismissal for gross insubordination unfair. 1-271009 Thu, 20 Aug 2026 15:24:00 +0200 Bizcommunity Legal South Africa https://www.bizcommunity.com/article/she-moves-helping-south-africans-plan-for-life-not-just-money-742012a Women in South Africa are increasingly the ones making the financial decisions that keep households running. It’s a trend that’s being driven by growing numbers of women in the workplace, shifting family structures due to economic pressure and migration, and high rates of single-parent households. More than four in 10 households in our country are now headed by women: 42% according to the Stats SA General Household Survey 2024. 1-271002 Thu, 20 Aug 2026 14:44:00 +0200 Bizcommunity Legal South Africa https://www.bizcommunity.com/article/to-the-next-25-years-of-business-communications-and-conversations-967784a On 20 August 2001, the first Bizcommunity newsletter was sent, marking the beginning of a publishing journey that would give a voice to business communities across South Africa. 1-270974 Thu, 20 Aug 2026 11:04:00 +0200 Bizcommunity Legal South Africa https://www.bizcommunity.com/article/south-africas-top-court-blocked-shells-wild-coast-oil-search-why-it-matters-for-climate-justice-290017a South Africa’s Constitutional Court – the country’s highest court – handed down a landmark judgment for climate change and environmental justice in mid-August 2026. 1-270970 Thu, 20 Aug 2026 10:04:00 +0200 Bizcommunity Legal South Africa https://www.bizcommunity.com/article/iconic-or-generic-the-battle-over-electric-guitar-culture-most-famous-silhouette-290077a The guitar community has recently been engaged in the age-old tradition of arguing on the internet over whether Fender is right to protect its iconic Stratocaster guitar design, or whether decades of ubiquity have made the shape as much a part of guitar culture as it is a Fender product. 1-270980 Thu, 20 Aug 2026 09:54:00 +0200 Bizcommunity Legal South Africa https://www.bizcommunity.com/article/does-a-restraint-of-trade-expire-at-retirement-745532a In South Africa, a restraint of trade does not automatically fall away because employment has ended. If the restraint protects a legitimate business interest and is reasonable in duration, area and scope, it may be enforced regardless of whether the employee resigns, is dismissed, is retrenched or retires. 1-270962 Wed, 19 Aug 2026 13:16:00 +0200 Bizcommunity Legal South Africa https://www.bizcommunity.com/article/can-a-party-be-forced-into-adjudication-if-the-contract-says-the-parties-must-mediate-first-967764a Most construction contracts provide for some form of multi-tiered dispute resolution. This is typically mediation or negotiation as a first step, followed by adjudication, arbitration or litigation if the initial step fails. In practice, parties in a hurry to enforce a payment claim sometimes bypass the first tier altogether and proceed directly to adjudication, on the assumption that the adjudicator will simply determine his own jurisdiction and press on. But what happens when the other party objects, insists on mediation, and refuses to participate in an adjudication that was never properly triggered? 1-270954 Wed, 19 Aug 2026 12:08:00 +0200 Bizcommunity Legal South Africa https://www.bizcommunity.com/article/who-really-owns-your-code-the-devil-in-the-contract-details-745542a Software is the core asset of most technology businesses. It powers the product, differentiates the offering, and sits at the centre of any meaningful valuation. 1-270952 Wed, 19 Aug 2026 11:12:00 +0200 Bizcommunity Legal South Africa