Insights into Law: Articles, Analysis, and Legal Perspectives

A judgment handed down in the Gauteng High Court last week has sent ripples through the South African legal profession. In a ruling that many newly admitted attorneys have long awaited, Judge Norman Davis declared unconstitutional the three-year waiting period that prevented attorneys from appearing in the country’s superior courts immediately upon admission. It is a landmark moment for the profession — and a case that reveals important truths about equality, rationality

Administrative and statutory compliance in South Africa refers to the legal, regulatory, and procedural obligations that businesses must meet to operate lawfully. For legal practitioners, the core tension in compliance is that it is simultaneously a precondition for practice and, at times, a significant operational burden—particularly for smaller firms. Importance of Maintaining Compliance For legal practitioners, maintaining compliance is first and foremost a practice surviv

Every day, businesses across South Africa sign contracts, guarantee agreements, and suretyships with a few clicks - confident that a digital signature is binding. Often, it isn't. This is one of the most consequential and least understood gaps in South African commercial practice, and it is costing businesses dearly. What Counts as a Signature? South African law has always recognized that a "signature" need not be a handwritten mark. A signature serves three functions: it ide

Recent court developments concerning Julius Malema raise a question that is larger than one politician. In October 2025 he was convicted on five firearm-related charges arising from the 2018 Mdantsane rally. He has since been sentenced to five years’ direct imprisonment, additional penalties were ordered to run concurrently, he has been declared unfit to possess a firearm, the court granted leave to appeal his sentence, refused leave to appeal his conviction, and he remains

For most people, the criminal justice system is something they only see from a distance. It is spoken about in headlines, whispered about in police stations, and dramatized in television shows. But when a real criminal case lands on your doorstep, whether it involves you, a family member, or someone close to you, the legal system can suddenly feel confusing, cold and overwhelming. People hear words like Schedule 1, bail, State case, diversion, reps and plea agreement, bu

For a long time, South African investment managers operated in what felt like a predictable legal landscape. Stick to the mandate, get the disclosures right, deliver defensible performance, and the risk stayed largely in check. That sense of stability is starting to crack, and it is happening faster than many expected. A clear shift is underway. Investment managers are no longer judged only on what they invest in, but on how they explain, support, and stand behind those

The global automotive industry is charging headfirst into the Electric Vehicle (EV) revolution, marketing it as the ultimate green solution to combat climate change. On the surface, the appeal is undeniable: zero tailpipe emissions and a sleek, silent drive. However, when we evaluate EVs through the lens of South African environmental law, our current infrastructural realities, and the global supply chain, a much more complex and somewhat paradoxical picture emerges. Co

Over recent days, the pavement outside the CCMA offices at the corner of Fox and Joubert Streets in Johannesburg, ordinarily a space associated with conciliation and compromise, was transformed into a crime scene. A labour law practitioner, reportedly present to engage in dispute resolution proceedings, was killed in what appeared to be a targeted attack. The symbolism is difficult to ignore as a forum designed to replace conflict with dialogue became the setting for its most

Criminal Law: It's an absolute constitutional protection (Section 35(3)(m)) preventing retrial after acquittal or conviction. Labour Law: The concept is adapted, guided by fairness, preventing an employer from disciplining an employee twice for the same misconduct. Employers generally cannot impose a harsher penalty later, except for limited, fairness-justified exceptions like new evidence or a grossly inappropriate initial sanction.

Trusts are often used as part of broader wealth structuring and succession planning. In many cases, business owners hold shares in companies, members’ interests, or other commercial assets through a trust rather than in their personal names. While this can be a legitimate and useful structure, it is not a simple “set and forget” solution. Where business interests are held in a trust, the legal and practical implications can become complex very quickly. Trustees, founders, ben

For many people, the phrase urgent High Court application sounds simple: there is a crisis, lawyers rush to court, and a judge hears the matter immediately. The reality is very different. In South Africa, urgent applications are governed by Rule 6(12) of the Uniform Rules of Court. That rule allows the High Court to shorten the usual time periods and relax ordinary procedures, but only where a matter is truly urgent and where waiting for the normal court process would leave

Mexico has offered the world a dramatic reminder of what happens when the grip of organized crime and the erosion of state control finally boil over. What began as a targeted military operation to capture a notorious cartel boss quickly escalated into something far more devastating: a nationwide wave of violence and paralysis. Within hours, retaliatory chaos filled the streets, vehicles burned, tourist hubs like Puerto Vallarta became war zones, and public safety collaps

The financial year end is the last day of a company’s accounting period. In South Africa, the financial year end for most companies is the last day of February as this ties in with the South African Revenue Services (SARS) tax year end which runs from 1 March to the last day of February of the following year. SARS requires companies in South Africa to have a designated financial year end, and it is reflected in a company’s CIPC registration documents. As financial year-end ap

WhatsApp voice notes have become a common way to communicate, and they are increasingly finding their way into legal disputes. The key question is whether they can serve as evidence in court. In short: yes, they can be admitted, provided they meet the usual requirements of relevance, reliability, and authenticity. Admissibility, Authentication and Legal Concerns Courts treat a WhatsApp voice note like any other form of electronic evidence. The Electronic Communications and Tr

“Your destiny is forged in the fires of your determination” - Chris Howard – Most of us reach a point where we quietly ask ourselves: Is this really the life I am building, or just the one I have become used to? It is a thought that slips in during the drive to work, in the quiet after a long day, or when we catch ourselves repeating the same routines. We all feel that tug - the sense that something needs to shift, even if we cannot yet name what it is. Approaching moments li

Intellectual property is often one of a business’s most valuable assets, yet questions around ownership are frequently overlooked. In South Africa, this can be a costly mistake. As innovation increasingly happens in digital, creative, and knowledge-based environments, it is essential for employers to understand who owns intellectual property created in the workplace - and under what circumstances. Many businesses assume that if IP is created by someone working for them, it au

If you have been meaning to “get your succession plan sorted” but it keeps slipping down the priority list, you are not alone. In our day-to-day work we see a consistent pattern: business owners and families generally understand what succession planning is, but the plan never gets properly executed. Documents remain unsigned, share registers are outdated, key agreements are missing, and crucial conversations are postponed until a crisis forces everyone’s hand. The irony is

Gittins Attorneys extends sincere condolences to the Sithole family, and to Thomas’s friends, classmates and educators. The loss of a young person is devastating. It is understandable that loved ones want clear answers, accountability where wrongdoing is proven, and a process that treats the family with dignity. This article does two things. First, it summarises the key facts that can be identified from credible public reporting and police statements. Second, it explains

Disputes within a body corporate can quickly become stressful and disruptive. Whether the issue involves levies, by-law enforcement, maintenance obligations, or decision-making authority, unresolved disagreements can affect not only individual owners but the entire scheme. Understanding how body corporate hearings work is often the first step toward an effective resolution. Common Disputes That Lead to Hearings Body corporate hearings often arise from disagreements abou

As we enter the festive season, many people behave as though the road laws are also on holiday. In reality, this is exactly when our traffic laws should be taken most seriously to ensure a safe and stress-free break for everyone. Law enforcement shares this concern, which is why roadblocks are a frequent sight during December. For most motorists, being pulled over by the police can feel intimidating - but understanding your rights and responsibilities can ensure a safe, lawfu