Decriminalisation and Regulation of Sex Work Bill: Consultation Update

Posted 20 November 2025

The Department of Justice and Constitutional Development is progressing with the Decriminalisation and Regulation of Sex Work Bill, which seeks to repeal specific provisions of the Sexual Offences Act, 1957 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.

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Information Regulator: SARS Ordered to Release Tax Records under PAIA

Posted 18 November 2025

The Information Regulator has directed SARS to disclose former President Jacob Zuma’s tax records, citing the public interest override provision in the Promotion of Access to Information Act.

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SALRC Report on Family Law Alternative Dispute Resolution

Posted 11 November 2025

The South African Law Reform Commission has published a report on alternative dispute resolution in family matters, recommending a draft Bill to regulate care and contact disputes.

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South African Judicial Education Institute Amendment Bill Tabled

Posted 20 October 2025

The South African Judicial Education Institute Amendment Bill [B26-2025] was tabled on 27 October 2025, targeting unproclaimed sections of the 2008 Act.

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Information Regulator: Mandatory Reporting of Security Compromises

Posted 16 September 2025

The Information Regulator has issued a Fact Sheet clarifying the mandatory reporting requirements for security compromises under the Protection of Personal Information Act, No. 4 of 2013.

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Information Regulator: Guide on Reporting Security Compromises

Posted 16 September 2025

The Information Regulator has released a procedural guide for reporting security compromises under the Protection of Personal Information Act, No. 4 of 2013.

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Senior Counsel and Attorney Honours: Conferral Guidelines Amended

Posted 10 September 2025

The Department of Justice and Constitutional Development has issued an amendment to the March 2024 uniform guidelines for the conferment of senior counsel and senior attorney honours.

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Information Regulator Notice on PAIA Form 2 Compliance

Posted 05 September 2025

The Information Regulator has issued a notice to over 100,000 organisations regarding the mandatory use of Form 2 for access to information requests under PAIA.

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Draft Constitution Amendment Bill: Eligibility for Public Office

Posted 01 August 2025

A draft Constitution Amendment Bill has been gazetted for public comment, proposing to bar individuals removed from office for misconduct from serving in legislative bodies.

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LPFF: Compulsory Automation of Trust Interest Receipts

Posted 28 July 2025

The Legal Practice Council has amended Rule 54.14.16 to mandate the compulsory automation of trust interest transfers to the Legal Practitioners’ Fidelity Fund effective 1 September 2025.

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Criminal Justice System Inquiry: Terms of Reference Gazetted

Posted 23 July 2025

The Department of Justice and Constitutional Development has gazetted the terms of reference and regulations for a judicial inquiry into criminality and corruption within South Africa’s criminal justice institutions.

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Legal Services Ombud Rules Replaced via Correction Notice

Posted 18 July 2025

The Department of Justice & Constitutional Development has gazetted a correction notice for the Legal Services Ombud rules, replacing the version issued on 18 July 2025.

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Justice Minister Outlines Roadmap for Judicial Institutional Independence

Posted 01 July 2025

Minister Mmamoloko Kubayi has announced that a task team will report to Cabinet by August 2025 on the transition to full institutional independence for the South African judiciary.

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General (Family) Laws Amendment Bill: Explanatory Summary Gazetted

Posted 06 June 2025

The Department of Justice & Constitutional Development has gazetted the explanatory summary of the General (Family) Laws Amendment Bill, 2025, which proposes amendments to the Divorce Act, No. 70 of 1979.

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Khampepe Commission: Terms of Reference and Deadlines Gazetted

Posted 29 May 2025

The Presidency has established a commission of inquiry into alleged interference in the investigation and prosecution of Truth and Reconciliation Commission (TRC) cases, with deadlines recently extended to January 2026.

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Legal Sector B-BBEE Code: State Outsourcing and Compliance Requirements

Posted 28 May 2025

The Department of Justice & Constitutional Development has reinforced the application of the Legal Sector B-BBEE Code of Good Practice in the allocation of state legal work.

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Former Banking Ombud and senior Hawks general join SA Litigation Funding Company

Posted 23 October 2018

The campaign against corruption has just got a whole lot hotter. SA Litigation Funding Company (SALFCO) has announced two senior appointments as part of a programme to strengthen its team and expand its services as it prepares to take on several large cases involving civil and criminal claims.

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Legal update: recent amendments to the law

Posted 20 July 2018

The following laws were recently amended. Of note, the amendments to the Debt Collectors Act requires attorneys to register as debt collectors and subjects them to the same law as other debt collectors. The Magistrates Court Act has been amended to regulate the rescission of judgments in certain cases, the manner of issuing garnishee orders, and debt collection proceedings. The Superior Courts Act has also been amended to provide for the rescission of judgments by consent and the rescission of judgments where the judgment debt has been paid.

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Judgment paints a damning picture of prison life at Sun City

Posted 22 June 2018

Following a complaint that Sun City prisoners in Johannesburg were waiting 20 hours a day between meals, the South Gauteng High Court, on Friday, ordered the Department of Correctional Services (DCS) to ensure that meals are properly spaced through the day. There may be no more than 14 hours between supper and breakfast. The judgment goes beyond prisoners’ rights to meals. Judge SM Wentzel paints a damning picture of a department repeatedly flouting the law and court orders. The prison population is double the capacity of the prison. It is designed to hold 1,339 inmates, but actually holds 2,812.

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Thuli Madonsela: The injustice of shady home auctions

Posted 24 May 2018

Things are getting hot when you get the former Public Protector Thuli Madonsela coming out with her thoughts on shady home repossessions and auctions. It is, as we have argued here for years, a national disgrace. We are pleased that the Portfolio Committee on Finance has been in touch with King Sibiya, Fred Arijs and others who have argued for legal reform in this area. Our prediction is this will become a central issue in the upcoming presidential elections. Now wouldn't that be great, along with jail time for the criminal bankers and their lawyers responsible for this outrage?

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Dismay as judge dismisses damages claim for child who drowned in pit toilet

Posted 23 April 2018

Five year-old Michael Komape drowned in a pit toilet at a Polokwane school in 2014. His family sued the Limpopo Department of Basic Education for R3m in damages, calling more than a dozen witnesses in a two week trial argued in November last year. It was a harrowing exploration of a dysfunctional government department that had the money to fix school infrastructure, but didn’t – returning unspent money year after year to the provincial treasury. The state offered the family R450,000 in compensation before the trial commenced, but this was rejected as too low. Judge Gerrit Muller threw out the family’s claim for damages of R3m – leaving the family effectively bereft.

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Not all conspiracy theories about courts and lawyers are false

Posted 16 March 2018

Not all conspiracy theories involving courts and lawyers are false. Here, in the grimy halls of justice, the banks are daily flouting the law in ways that most people do not realise. But the tide is turning in favour of customers. A relatively small change to High Court Rule 46 means banks may no longer sell a property without a reserve price. It means properties must be sold at market prices. That in itself will go a long way to halting evictions and dousing the banks’ enthusiasm for foreclosure.

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Why SA needs formal rules for class action suits

Posted 06 March 2018

South Africa needs formal rules for class action suits. One of the problems class action litigants face is first being recognised by the court as a class. In this article written in The Conversation, Theo Broodryk of Stellenbosch University lays out a few ground rules for class action suits that would advance the cause of justice. 

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SA's medieval legal system among the most expensive in the world

Posted 22 February 2018

The late Mario Oriani-Ambrosini, formerly Inkatha Freedom Party’s justice spokesman, was a Constitutional expert and an advocate for sweeping reform of our justice system. In this article he argued that the comraderie between competing lawyers prevents them from properly representing their clients. He also called for an end to the practice of using advocates as sit-in judges on exactly the same grounds - they are likely to go soft on their legal collegaues at the expense of justice. Sadly, Oriani-Ambrosini passed away in 2014 from a self-inflicted gun wound, his body wracked with cancer. He made an indelible impression on SA's Constitution and legal landscape. He called for an end to the split bar system of senior and junior counsel, one of the reasons why SA lawyers are among the most expensive in the world.

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SA preparing to enforce some of the strictest data protection laws in the world

Posted 05 December 2017

The Protection of Personal Information (POPI) Act changes the way people and organisations are required to handle personal data. Drawing on legislation in force in Germany and the UK, the new Act imposes heavy penalties for abuses. This, says Sage South Africa, gives SA some of the strictest data protection laws in the world.

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