Articles

Can the South African Human Rights Commission issue binding directives? The Constitutional Court provides the answer.

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When the South African Human Rights Commission investigates a complaint and issues findings, must the party against whom those findings are made comply? Many assume so. On 22 April 2026, the Constitutional Court settled the question in South African Human Rights Commission v Agro Data CC and Another [1]. As per Nicholls AJ, the court unanimously held that the SAHRC’s findings take the form of recommendations only. They are not legally enforceable, and a party who refuses to comply cannot be compelled to do so by enforcement proceedings alone – the underlying dispute must be litigated afresh on its merits. Hurter Spies Incorporated acted on behalf of AfriForum NPC, admitted as the second amicus curiae.

Can the South African Human Rights Commission issue binding directives? The Constitutional Court provides the answer. Read More »

Can you be arrested for speeding? The high court provides a clear answer.

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Many South Africans are uncertain about their rights when interacting with police or traffic officials. These encounters can be stressful, especially when an alleged offence is committed. There is a common assumption that an arrest or detention is automatically justified simply because an officer carries it out. In reality, this assumption is incorrect. Unlawful arrests and detentions continue to occur and remain a serious concern, affecting motorists and the public.

Can you be arrested for speeding? The high court provides a clear answer. Read More »

Section 65 - Debt Recovery

Just and Equitable Debt Repayment: A Simple Guide to Section 65 Proceedings

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Section 65 of the Magistrates’ Courts Act 32 of 1944 (the Act) provides a practical way to recover a debt when a court order for payment has not been honoured. If the amount remains unpaid for more than 10 days after it became due, the creditor may ask the court to inquire into the debtor’s financial position and make an order that is just and equitable in the circumstances. This article explains the Section 65 process in clear, straightforward language so that anyone, whether familiar with legal terms or not can understand exactly what happens and what is required.

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Understanding Your Rights as a Tenant: A Guide to Rental Laws in South Africa

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Renting a property in South Africa comes with rights and responsibilities for both tenants and landlords. To ensure a smooth rental experience, it’s crucial to understand the laws that govern the landlord-tenant relationship. This guide provides valuable insights into South African rental laws, empowering tenants with knowledge about their rights and obligations.

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The CCMA Dilemma: Overwhelmed and Overshadowed

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An institution that, for years, epitomised the democratic ideals of accessible justice and peaceful resolution, the CCMA has faced glaring shifts in recent times, casting a shadow of uncertainty over its role in the evolving landscape of labour law. Recent times have seen a disheartening decline in the quality of CCMA rulings, accompanied by a growing caseload that threatens to overwhelm this statutory institution. 

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