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For more than 160 years Juta and Company have been associated with quality Law, Education, and Academic publishing in Southern Africa. Drawing on our heritage of authority and excellence, Juta has remained relevant by embracing technological innovation and diversifying beyond publishing to offer e-learning and technology-led information solutions. EDUCATION: Transforming talent to develop extraordinary professionals

Juta is the trusted southern African provider of first-in-class, locally relevant, technology-enabled content and solutions that enhance learning performance. Our comprehensive, accessible and customisable tertiary content and tools efficiently deliver education institutions’ curricula and promote student throughput. PROFESSIONAL: Optimising efficiency and advancing legal and business proficiencies

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13/03/2026

[ IN THIS WEEK'S IBA LEGALBRIEF AFRICA ]

African countries are bracing for an economic fallout after the US and Israel's strikes on Iran, and that country's retaliation with missile and drone attacks across parts of the Middle East. As the African Union (AU) and other African leaders call for a diplomatic end to the attacks, Mohmoud Ali Youssouf, chairperson of the AU, cautioned that the escalation could have ripple effects across global energy markets, food supply chains and fragile economies, particularly in Africa.

In Kenya, directors from various hospitals and government officials have been charged with alleged fraud involving the multibillion Social Health Authority (SHA).
In Malawi, however, the government has ordered prosecutors to drop two major financial crime cases against 10 suspects, including sitting Cabinet Ministers and the country’s top fiscal officials. Prosecutors discontinued criminal proceedings against former Reserve Bank of Malawi Governor Dalitso Kabambe, his deputy Henry Mathanga, former Finance Minister Joseph Mwanamvekha, secretary to the Treasury Cliff Chiunda and Cabinet Minister Jean Mathanga, among others.

Throughout Africa, there is growing anger over a series of bilateral health agreements being negotiated between the US and African countries. The Africa Centres for Disease Control and Prevention has said that there is particular concern around data governance and pathogen sharing. Last week, Zimbabwe pulled out of talks on a proposed $367m US health agreement. Zambia has also delayed signing its agreement, questioning the terms. However, at least 17 African countries are believed to have signed deals so far with the US, collectively securing $11.3bn in aid.

And Jeffrey Epstein cultivated close ties with West African political elites, forging a relationship with Karim Wade, son of former Senegalese President Abdoulaye Wade, and Nina Keita, niece of Ivorian President Alassane Ouattara, according to emails and financial records related to the convicted s*x offender released by the US Government. Epstein had a close relationship with Wade, who he considered a powerful figure in Africa, and Keita, who helped connect him to her uncle, according to emails, scheduled meetings, investment projects and loans.

Read it online: https://bit.ly/4aXcUqz

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12/03/2026

[in Legalbrief Today]

SIMULATED TRANSACTION NOT THEFT WHERE DIRECTORS APPROVED THE TRANSACTION AND COMPANY RECEIVED FULL VALUE
In Gore NO and Others v Botlierskop Private Game Reserve (Pty) Ltd, the Western Cape High court held that the applicants had not established the requirements for the condictio furtiva, a delictual remedy requiring proof of theft.

The liquidators of Reeco Holdings sought to recover R 9.2 million paid to Botlierskop Private Game Reserve, relying on the condictio furtiva. The payment arose from a simulated consultancy arrangement contrived to disguise part of the purchase price for a farm called Waterval, the true agreed price of which was R 28 million, though the deed of sale reflected only R 20.3 million.

The court held that the liquidators failed on two independent grounds.

First, the payment was authorised by Reeco itself. Three of Reeco's four directors, including its financial director, who interrogated and approved the transaction, were fully aware that the payment represented the outstanding balance of the agreed purchase price for Waterval. Excluding Neethling due to his conflict of interest, two disinterested directors validly consented on Reeco's behalf. The court distinguished S v De Jager on the basis that in that matter the company was genuinely despoiled, whereas here the payment discharged a legitimate obligation and Reeco received full value. Additionally, Neethling held a reasonable bona fide belief that the payment was authorised, negating the mental element required for theft.

Second, the liquidators failed to establish that Reeco had suffered any patrimonial loss, an essential requirement for the condictio furtiva as a delictual remedy. The purchase price of R 28 million was not shown to be excessive relative to market value, and the VAT component of R 1.2 million was recovered by Reeco as an input credit accepted by SARS.

The court held that the simulated transactions constituted a fraud on the fiscus rather than a theft from Reeco, and referred the matter to the Director of Public Prosecutions and SARS for further investigation. The main application was accordingly dismissed with costs.

Read the summary (subscribers only) or view the judgment.

Judgment: https://bit.ly/46XJM2R

Summary: https://bit.ly/4bmgBHW

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11/03/2026

In this week’s Medical Brief…

The National Health Insurance suffered two setbacks this week, with the scheme being temporarily suspended pending a Constitutional Court challenge, further delaying its implementation, and the Finance Minister yesterday declining to cut back on medical tax credits.

Medicinic has emerged victorious in its first round against Life Healthcare Group’s bid to continue offering renal dialysis services at five Mediclinic hospitals, including Vergelegen, Morningside, Panorama, Potchefstroom and Newcastle.

Also in the courts, the Supreme Court of Appeal (SCA) has dismissed with costs an application by the Road Accident Fund to appeal a judgment ordering the fund to abide by 181 court orders in favour of Sunshine Hospital in Benoni, which was forced to close down because the fund did not pay submitted claims.

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10/03/2026

[ IN THIS WEEK'S IBA LEGALBRIEF AFRICA ]

African leaders are coming under increasing pressure to take tougher action as its nationals are allegedly being duped by Russia and its agents to fight its war against Ukraine. In the past week, Kenya, Nigeria and South Africa have been forced to intervene to prevent the illegal recruitment and push for the return of young Africans trapped in the conflict zones. According to a Kenyan intelligence report, more than 1 000 Kenyans have been recruited ⁠to ⁠fight on Russia's side in the war ⁠in Ukraine.

In Zimbabwe, veterans of the liberation war are legally challenging proposed changes to the Constitution that would extend presidential terms from five years to seven, allowing President Emmerson Mnangagwa to stay in office until 2030. Mnangagwa (83) was meant to step down in 2028 after serving two five-year terms. He came to power after a 2017 military coup ousted post-independence leader Robert Mugabe. The latter’s 37 years in power were strongly supported by the veterans.

Somaliland is willing to give Israel access to its minerals and military bases as the breakaway region of Somalia seeks international recognition. Israel became the only country in the world to recognise Somaliland's independence in December – something the territory has been seeking since declaring its autonomy from Somalia in 1991. Somaliland President Abdirahman Mohamed Abdullahi already suggested in recent weeks that it would grant Israel privileged access to its mineral resources and could not rule out the possibility of also allowing Israel to set up a military presence.

And as conflict in Sudan continues, Uganda’s President Yoweri Museveni received the commander of the paramilitary Rapid Support Forces, Mohamed Hamdan Dagalo, at State House in Entebbe on Friday. The high-level talks focused on ending the ongoing conflict and restoring regional stability. The war between the RSF and the Sudanese army began nearly three years ago and has spiralled into one of the world’s worst humanitarian crisis. Museveni emphasised the need for African-led solutions to African challenges. Museveni has been appointed by the African Union as head of a committee to facilitate direct negotiations between Dagalo and Sudanese army chief Abdel Fatttah al-Burhan.

Read it online: https://bit.ly/4aXcUqz

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09/03/2026

In this week’s Medical Brief…

A key strategy of the Department of Health to tackle its multi-million rand burden of medico-legal claims has been dealt a major blow, with the Supreme Court of Appeal – in a strongly-worded judgment – saying the state must act to reduce risks instead of seeking to change the law dealing with negligence.

Charlotte Maxeke Academic Hospital in Johannesburg was back in the news, with doctors questioning a Gauteng Health Department decision to override their choice of MRI scanners and opting for what they say is costlier Chinese equipment.

And a local expert warns about invalidation by healthcare professionals with patients frequently reporting dismissal, minimisation, or misattribution of their symptoms.

On the digital front, an alarming study has found that large language models like ChatGPT, while increasingly being used in healthcare, will accept fake medical claims if they are presented as realistic in medical notes and social media discussions, according to the researchers.

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[WHAT'S NEW ON JUTA'S POPIA PORTAL]Our latest What’s New article — Issue no 63 — explores how POPIA isn’t just a legal r...
06/03/2026

[WHAT'S NEW ON JUTA'S POPIA PORTAL]

Our latest What’s New article — Issue no 63 — explores how POPIA isn’t just a legal requirement, but a core part of sound organisational governance. Building on the Governance theme from earlier insights, this edition shows how POPIA integrates with frameworks like King V™, highlighting ethical culture, prudent controls, and accountable record-keeping as the backbone of mature compliance.

The article also examines how POPIA can amplify existing governance gaps and why thorough documentation — from compliance frameworks to processing records and PIIA working papers — is essential to demonstrate “reasonableness” across your organisation.

Read the full issue on Juta’s POPIA Portal: https://bit.ly/4aQiDRJ

Stay informed. Stay compliant. Strengthen your governance.

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05/03/2026

[ IN THIS WEEK'S IBA LEGALBRIEF AFRICA ]

UN Secretary-General António Guterres has called for sweeping reforms of global institutions that guarantee African leaders their rightful place in decision-making on the world stage, while urging them to protect against exploitation and plundering of the continent's wealth and resources as the global players vie for access to the continent's critical minerals reserves. This comes as African Union leaders adopted a resolution which described slavery, deportation and colonialism as crimes against African people, and the secretary-general of the Commonwealth Shirley Botchwey, who has publicly backed reparations from Great Britain, said she was supporting member countries in seeking redress for slavery.

In Kenya, the High Court has declined to lift a freeze on a $1.5m health co-operation agreement between Kenya and the US. This was after an appeal was filed by Senator Okiya Omtatah seeking to stop the implementation of the deal, citing constitutional irregularities. The court thereafter issued a freeze on the implementation of the deal, a move that prompted the government to file a petition challenging the freeze. However, the judge ran into a legal hurdle, noting that the government’s appeal effectively barred the court from revisiting its own ruling.

China has decided to implement zero-tariff treatment for imports from all African countries – except eSwatini – which maintains diplomatic ties with Taiwan; a move that comes amid lingering uncertainty over the future of the US’ African Growth and Opportunity Act and continued trade tensions between African nations and the European Union over Economic Partnership Agreements. Until now, duty-free access had applied only to selected African countries. The decision follows sustained diplomatic engagement by African leaders.

Read it online: https://bit.ly/4aXcUqz

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05/03/2026

HIGH COURT'S DEVELOPMENT OF THE COMMON LAW ‘ONCE-AND-FOR-ALL’ RULE INAPPROPRIATE

In T N obo B N v The Member of the Executive Council for Health of the Eastern Cape Government and Others, the SCA held that the high court’s development of the ‘once-and-for-all’ rule was inappropriate. In a damages suit for special and general damages, future medical expenses, and loss of earning capacity, the high court developed the common law ‘once-and-for-all’ rule to recognise two remedies: the "public healthcare remedy" and the "undertaking to pay remedy". The court held that the traditional rule impeded the Department's constitutional obligations under s 27(2) and was undermined by excessive legal fees. The MEC was ordered to provide all future medical services and supplies at designated public hospitals, with certain items procurable in the private sector. On appeal, the SCA held that the high court had failed to determine the existing common law position, consider the underlying reasons for it, assess whether it offends the Bill of Rights, consider how it could be amended, and evaluate wider consequences of proposed changes, as required before developing the common law (Mighty Solutions). The plaintiff appealed.

The SCA held that the high court's development was not "incremental" but constituted radical structural reform of damages law, such as should be made by the legislature, not judiciary, respecting separation of powers (Carmichele and Watkins v Olafson). Further, the high court had failed to consider the implications of its order for the constitutional rights to equality and dignity. Finally, the SCA noted the evidence that the Eastern Cape Department of Health suffered chronic financial mismanagement with billions in budget deficits and billions owing to suppliers, which made the order objectively insecure. The high court's order was set aside and replaced with a lump sum damages award covering agreed future medical costs, caregiving, equipment, physiotherapy, occupational therapy, case management services, and trust establishment and administration costs.

Read the summary (subscribers only) or view the judgment.

Summary: https://bit.ly/4lb7MFz

Judgment: https://bit.ly/3MZU7o8

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05/03/2026

In this week’s Medical Brief…

In a Marie Antoinette-style 'let them eat cake' PR disaster, the head of Gauteng Health has come in for scathing criticism after denying that provincial hospitals have an overcrowding crisis, and saying that some patients “simply prefer sleeping on the floor”.

And in an unexpected turn, organisations questioning President Cyril Ramaphosa’s assent to the National Health Insurance (NHI) Bill heard this week that the Constitutional Court first wants to hear from those challenging Parliament’s public participation process on the contentious legislation.

Several big pharmaceutical companies are being probed by the Competition Commission after a complaint from the Health Department. They include Ascendis, Pharma Q and Sonke.

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04/03/2026

LANGUAGE RIGHTS IN COURT

During 2024 bail proceedings, lawyer Melani struggled to be heard over air-conditioner noise. When asked to speak up, he requested interpreter assistance due to concerns about his English proficiency and switched to isiXhosa, asserting that it is an official language. The magistrate warned him that he was 'bringing the court into disrepute', claimed that English was the only official court language, and initiated contempt proceedings.

Jurisdictional error: Magistrates lack jurisdiction to try common-law contempt; only statutory contempt under s 108 of the Magistrates’ Courts Act applies.

Constitutional violation: The magistrate ignored language rights under s 6 of the Constitution and fair-trial protections under s 35(3)(k).

Misapplied directive: The 2017 Heads of Court directive allows vernacular use with interpretation but magistrate overlooked this proviso.

Procedural failures: The magistrate failed to specify which statutory category of contempt applied and did not follow the required warning procedures.

Incorrect review route: The matter was dealt with under s 304A instead of following the proper s 108 procedure.

The contempt proceedings were set aside as irregular.

Read the summary (subscribers only) or view the judgment.

Judgment: https://bit.ly/4lqVjxL

Summary: https://bit.ly/4sog4MK

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03/03/2026

In this week’s Medical Brief…

Sales of weight-loss drugs are sky-rocketing in South Africa, as it has in other parts of the world. But as the popularity of the so-called wonder drug rises, so too is the number of complaints about serious side effects, which have now led to a 4 000-strong class action suit against the manufacturers.

And a South African radiologist with practices countrywide – who is already facing allegations of impairment linked to opioid abuse, and has been charged with firing a gun in a public space – has now been accused of causing the death of a patient at Mooimed Private Hospital in Potchefstroom two years ago.

On the NHI, President Cyril Ramaphosa and Health Minister Aaron Motsoaledi have now asked the Constitutional Court to overturn the Gauteng High Court judgment declaring that the scheme is reviewable, saying that questioning his decision-making has profound consequences for the exercise of the obligations he has, not only in the present matter, but in the future.

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26/02/2026

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