South Africa: Constitutional & Administrative Law

A significant jurisdictional change has taken effect in South Africa's Gauteng Division of the High Court, ending the concurrent jurisdiction between Johannesburg and Pretoria seats that existed since 2018. Each seat now has defined geographical boundaries based on magisterial districts, requiring practitioners to carefully determine proper jurisdiction when instituting proceedings.

South Africa's Constitutional Court has delivered a landmark ruling on the Copyright Amendment Bill, upholding the controversial shift to 'fair use' while striking down broad educational exceptions for textbook copying. The judgment leaves critical questions unresolved about contract terms, ministerial powers, and the Bill's complete silence on generative AI—creating both constraints and opportunities as Parliament must now revisit legislation conceived over a decade ago.

The Tobacco Products and Electronic Delivery Systems Control Bill has progressed through South Africa's Portfolio Committee on Health, which recently adopted a motion of desirability.

This comprehensive legal briefing examines critical developments across African jurisdictions, from constitutional interpretation in Ghana and AI policy governance in South Africa...

This comprehensive legal update from ENS Africa covers critical developments across multiple practice areas, from South Africa's Draft National Rail Master Plan and new SAHPRA guidelines for medicine naming...

This comprehensive legal briefing covers recent developments across African jurisdictions, including constitutional interpretation in Ghana, AI policy governance in South Africa, competition law threshold changes...

When it comes to corporate insolvency, few provisions have sparked as much legal and constitutional debate as Section 417 read with Section 418 of the Companies Act 61 of 1973.

At the J20 summit, Justice Mlambo, Deputy Chief Justice posed a critical question: in a multilingual society, are litigants still excluded if they do not speak the colonial language of record? South Africa's...

The Constitutional Court has confirmed that South Africa's parental-leave regime in the BCEA unfairly discriminated between different kinds of parents and has ordered a temporary "reading-in"...