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South Africa: Law on Eviction of Unlawful Occupiers Declared Unconstitutional

(Oct. 20, 2009) It was reported on October 15, 2009, that the South African Constitutional Court declared unconstitutional a KwaZulu-Natal provincial law, the Elimination and Prevention of Re-Emergence of Slums Act, which mandated that municipalities evict unlawful occupiers of slums in the event that landlords fail to do so. (Franny Rabkin, Slum Law Evictions Ruled […]

South Africa: Consumer Protection Law to Allow Preemptive Blocking of Telemarketers

(July 27, 2009) It was reported on July 15, 2009, that a new South African consumer protection law, already passed by parliament and signed into law by the President of the country but not in effect until April 29 of 2010, will provide tools for consumers to reject unwanted sales solicitations by traders and to […]

South Africa: Court Finds Law Discriminating Against Muslim Widows Unacceptable

(July 21, 2009) On July 15, 2009, the South African Constitutional Court unanimously ruled to allow all widows of a polygamous marriage contracted under Muslim rites to make a claim against the estate of a deceased husband in an intestate succession. (Ernest Mabuza, Court Rules in Favor of Muslim Widows, BUSINESSDAY, July 16, 2009, available […]

South Africa: Carbon Emissions Tax Credit

(June 10, 2009) It was reported on June 4, 2009, that the South African Treasury is gearing up to introduce the Draft Taxation Laws Amendment Bill 2009, which will provide tax incentives for businesses to reduce their carbon emissions. (Sanchia Temkin, Treasury Plans Green Taxes, BUSINESSDAY, June 4, 2009, available at The bill provides […]

South Africa: Prosecutor Drops Corruption Charges Against Zuma

(Apr. 8, 2009) On April 6, 2009, the National Prosecuting Authority (NPA) of South Africa announced that it was dropping criminal charges of corruption, fraud, money laundering, and tax evasion against Jacob Zuma, head of the African National Congress (ANC), thereby clearing the way for the parliament to select him as president in the vote […]

South Africa: New Law to Make Company Directors More Accountable

(Mar. 11, 2009) It was reported on March 5, 2009, that a new Companies Act, whose passage is expected next year, will change the scope and procedure for bringing class actions and derivative actions that will empower shareholders and other stakeholders while exposing company directors and officers, to a much greater extent than before, to […]

South Africa: Law on Intellectual Property Resulting from Publicly Funded Research

(Feb. 13, 2009) It was reported on January 19, 2009, that a bill seeking to ensure effective use of intellectual property resulting from publicly financed research, the Intellectual Property Rights from Publicly Financed Research (IPR) Act, was signed into law. (Robert Lee, IP Rights Bill Signed into Law in South Africa, TAX-NEWS.COM, Jan. 19, 2009, […]

South Africa: Product Recall Law

(Jan. 28, 2009) It was reported on January 22, 2009, that a consumer protection bill, which seeks to impose strict liability on suppliers of goods for any damage caused by goods that they distribute, is under consideration by the South African Parliament. Under this bill, claimants are only expected to prove a causal link between […]

South Africa: Law to Expunge Criminal Records for Breaking Apartheid Laws

(July 2, 2008) A new bill, the criminal procedure amendment bill, was recently proposed in the Parliament of South Africa. It seeks to expunge criminal records for violations of laws based on race or that created offenses with a view to promoting the policy of apartheid before the 1993 South African Constitution took effect. These […]

South Africa: National Defense Force Concedes Discrimination Against HIV Positive Individuals Unlawful

(June 2, 2008) The South African National Defense Force (SANDF) and the AIDS Law Project, representing the South African Security Forces' Union and individual members of the military, reached a “concept agreement,” which was later turned into a court order, before the Pretoria High Court. Under the agreement, the SANDF concedes that its employment policy […]