Unconstitutional | Bizcommunity

Unconstitutional | Bizcommunity

News

A constitutional court case brought by communities affected by the Lesotho Highlands Water Project is to be heard by the Lesotho High Court. Photo: Sechaba Mokhethi / GroundUp

Human Rights Law

The human cost of SA’s water lifeline: Lesotho communities go to court

Sechaba Mokhethi 14 Jul 2025

Law Practice

To arbitrate or litigate? That is the question

Paul Russell 20 Jun 2025

ZEP holders have won another court victory against the Minister of Home Affairs, but their legal battle to stay in South Africa is far from over. Archive photo: Tariro Washinyira / GroundUp

Immigration & Citizenship Law

New Zimbabwe permit court showdown looming

Tania Broughton 9 Jun 2025

Source: Pixabay.

Land Policy, Reform & Restitution

Legal showdown for land rights: New push to scrap the Expropriation Act

Katja Hamilton 28 May 2025

Advocate Justin Erasmus CEO of of the Personal Injury Plaintiff Lawyers Association

Law Practice

New compulsory mediation rule faces ConCourt challenge by lawyers' association

16 May 2025

The Constitutional Court has ruled that a law preventing municipal employees from holding office in political parties is unconstitutional. Archive photo: Ashraf Hendricks / GroundUp

Legislation & Regulation

Constitutional Court says municipal employees can hold office in political parties

Ohene Yaw Ampofo-Anti 8 May 2025

The Constitutional Court has confirmed that a section of the law which automatically strips South Africans of citizenship if they take the citizenship of another country is invalid. Archive photo: Ashraf Hendricks / GroundUp

Immigration & Citizenship Law

Constitutional Court rules on citizenship

Tania Broughton 7 May 2025

Image source: fanjianhua from

Labour Law

Court battle looms over Employment Equity Act amendments

Hugo Pienaar, Asma Cachalia, and Alex van Greuning 5 May 2025

Western Cape schools admission policy challenged in court

Primary & Secondary Education

Western Cape schools admission policy challenged in court

Ohene Yaw Ampofo-Anti 24 Apr 2025

Image: South African protest against coal - Kgara Kevin Rack

Environmental Law

South African court says no to new coal-fired power: What’s behind the ruling

Melanie Murcott 14 Apr 2025

The Department of Social Development is proposing changes to the Social Assistance Act, including removing questions about the income of applicants for the R370-a-month Social Relief of Distress (SRD) grant. Archive photo: Mosima Rafapa/GroundUp

Health & Social Welfare

Department of Social Development proposes changes to SRD grant application

Marecia Damons 9 Apr 2025

Source: Reuters. Leader of the Democratic Alliance (DA) John Steenhuisen speaks to media in Cape Town, South Africa 14 June, 2024.

Taxation & Regulation

#Budget2025: Pushback over Fikile's D-Day announcement

Katja Hamilton 8 Apr 2025

Public Health

Gauteng High Court orders urgent action to address cancer treatment backlog in public hospitals

Tamsin Metelerkamp 7 Apr 2025

The Western Cape High Court has set aside an eviction order for occupiers of a City of Cape Town property in Observatory. Archive photo: Ashraf Hendricks / GroundUp

Land & Property Law

Court sets aside eviction of circus occupiers

Tania Broughton 2 Apr 2025

Tamsyn Lunt, director of Product Growth at Plentify

Employee Wellness

Unpacking progressive parental leave policies with Plentify's Tamsyn Lunt

Shan Radcliffe 28 Mar 2025

Source: Pexels.

Land Policy, Reform & Restitution

"Wandile Sihlobo is too bullish on the Expropriation Act"

Martin van Staden 14 Mar 2025

Make restituted land productive: Addressing challenges and unlocking reform potential

Agriculture

Make restituted land productive: Addressing challenges and unlocking reform potential

Peter Setou 18 Feb 2025

Regulations limiting the access to the R370-a-month Social Relief of Distress (SRD) grant have been found to be unconstitutional and invalid by the High Court in Pretoria on Thursday. Archive photo: Ashraf Hendricks / GroundUp

Health & Social Welfare

Explosive court ruling on SRD grant

Marecia Damons 24 Jan 2025

Blind and visually impaired people have the right to convert protected works to accessible formats without having to obtain permission, the Constitutional Court has ruled. Archive photo: Ashraf Hendricks/GroundUp

IP Law

Blind people can access copyrighted works, rules Concourt - again

Tania Broughton 17 Dec 2024

Image source: rido –

Legislation & Regulation

Rica Amendment Bill referred to National Assembly

22 Nov 2024

Kenyan President William Ruto speaks at a press conference where he announced spending cuts in government after protests against the proposed finance bill 2024/2025, in Nairobi, Kenya, 5 July 2024. Reuters/Monicah Mwangi/File Photo

Legislation & Regulation

Kenya's supreme court quashes ruling that voided 2023 finance law

Humphrey Malalo and Elias Biryabarema 30 Oct 2024

The Constitutional Court will hear two applications relating to copyright in South Africa that affect the rights of blind people. Archive photo: Ashraf Hendricks / GroundUp

Legislation & Regulation

ConCourt showdown on copyright bill

Tania Broughton 23 Oct 2024

Image source: Lane Erickson –

Law of Succession

Law of succession: ConCourt extends definition of 'spouse' to include life partners

Leanne Berriman 23 Oct 2024

A view of the Constitutional Court.

Legislation & Regulation

ConCourt grants extension to GNU for Marriage Act amendment

Lindsey Schutters 19 Sep 2024

Socal grant applicants queue at the Eerste River Sassa office. Archive photo: Ashraf Hendricks / GroundUp

Health & Social Welfare

Rules for R370-a-month social grant to be challenged in court in October

Marecia Damons 3 Sep 2024

Outside the Western Cape High Court, Ndifuna Ukwazi attorney Jonty Cogger speaks to applicants urgently seeking an interdict preventing PRASA from evicting them from land they have occupied for years. Photo: Sandiso Phaliso / GroundUp

Land & Property Law

Court criticises Prasa for illegal evictions

Sandiso Phaliso and Tori Newby 30 Aug 2024

Source: Supplied. Nita Morgan is the Country Manager for Foundever South Africa.

Finance

Companies can do much more to empower women

Nita Morgan 29 Aug 2024

Source: Gary Moore, senior consultant at the Free Market Foundation.

Banking

Banks Act gives Prudential Authority unconstitutional powers over banks

Gary Moore 26 Aug 2024

NHI

Busa rejects NHI-focused Health Compact, criticises lack of consultation

Katja Hamilton 16 Aug 2024

The CCMA has dismissed a claim for unfair dismissal by a former Dis-Chem employee with cancer. Archive photo: Ashraf Hendricks/GroundUp

Labour Law & Unions

In sickness and in health: What can workers expect from their employer if they are too sick to work?

Tania Broughton and GroundUp Staff 14 Aug 2024

eZaga reinstated as NSFAS direct payment provider after legal victory

Bursaries, Scholarships & Finance

eZaga reinstated as NSFAS direct payment provider after legal victory

16 Jul 2024

Image source: Gregory Alekhine –

Immigration & Citizenship Law

ZEP holders rights upheld by ConCourt, Motsoaledi's appeal dismissed

19 Jun 2024

Image source: Getty Images

Tax Law

Who can legally represent taxpayers in Tax Court?

Bronwyn Dearden and Shekesh Sirkar 10 Jun 2024

NHI

Affinity Health expresses strong support for National Health Insurance Bill

22 May 2024

Source: iStock.

NHI

Opposition mounts against NHI Bill

15 May 2024

NHI

Signing the NHI into law is premature and unconstitutional, says Profmed CEO

15 May 2024

Assaults on learners: Appeal court says tougher sanctions must apply to teachers

Primary & Secondary Education

Assaults on learners: Appeal court says tougher sanctions must apply to teachers

Tania Broughton 10 Apr 2024

BAT South Africa scales down delivery supply chain as illicit trade hits record highs

Supply Chain

BAT South Africa scales down delivery supply chain as illicit trade hits record highs

2 Apr 2024

Image source: Alexander Grey from

Legislation & Regulation

President to puff, puff, pass Cannabis Bill into law

Ramon Pereira 20 Mar 2024

Minister of Home Affairs Aaron Motsoaledi has turned to the Constitutional Court in his bid to appeal against a Pretoria High Court judgment that found the process he used to end the Zimbabwean Exemption Permit programme was neither fair nor lawful. Archive photo: Tariro Washinyira / GroundUp

Immigration & Citizenship Law

Home Affairs minister takes Zimbabwean permit battle to the Constitutional Court

Tania Broughton 6 Mar 2024

The Zimbabwean Exemption Permit programme will not end any time soon, following a Supreme Court of Appeal dismissal of the Minister of Home Affairs’ request for leave to appeal. Archive photo: Tariro Washinyira / GroundUp

Immigration & Citizenship Law

SCA dismisses bid to appeal Zim permits ruling

Tania Broughton 23 Feb 2024

A case before the Constitutional Court could introduce a new era of customary law. Graphic: Lisa Nelson / GroundUp

Law of Succession

Limpopo royal family feud could change customary law

Anton van Zyl 22 Feb 2024

Johan Botes, Partner and Head of the Employment & Compensation Practice, Baker McKenzie Johannesburg

Trends

#BizTrends2024: Adapting to change and the growing call for DEI

Johan Botes 18 Jan 2024

About 700,000 IDs have been blocked by the Department of Home Affairs without due process. Archive photo: Ashraf Hendricks / GroundUp

Immigration & Citizenship Law

Home Affairs may no longer block your ID on a whim, court rules

Tania Broughton 17 Jan 2024

Chloë Loubser, knowledge and learning lawyer in Bowmans’ Cape Town office Employment and Benefits Practice

Trends

#BizTrends2024: Key legislative developments and their impact on employment

Chloë Loubser 15 Jan 2024

The Constitutional Court has struck down provisions in the Refugees Act which dictate that asylum seekers who have not renewed their visas within a month of expiry are considered to have permanently abandoned their applications. Archive photo: Ashraf Hendricks | GroundUp

Human Rights Law

Constitutional Court win for asylum seekers

Tania Broughton 13 Dec 2023

NHI

NCOP's NHI approval: No surprise here

Mike Settas 12 Dec 2023

NHI

BUSA and B4SA challenge "unconstitutional" NHI Bill

7 Dec 2023

Minister of Home Affairs Aaron Motsoaledi announced on Friday that holders of the Lesotho Exemption Permit and the Zimbabwe Exemption Permit will be allowed to remain legally in South Africa until 29 November 2025. Archive photo: Tariro Washinyira | GoundUp

Immigration & Citizenship Law

Two-year extension for Zimbabwe and Lesotho permit holders

Joseph Chirume 4 Dec 2023