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From 1853 into the future
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 inform

ation 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

Harnessing industry-leading AI-powered legal technology to leverage our vast African legal, regulatory and professional content in new and innovative ways. LEADERS IN EDTECH, LEGALTECH & LAW TECH: Diversifying beyond traditional digital solutions

EdTech solutions aimed at enhancing learning outcomes. LegalTech tools that empower legal professionals to become more effective and efficient. LawTech platforms that deliver the law to SMEs and individuals and enable them to self-serve.

30/04/2026

[ IN THIS WEEK'S IBA LEGALBRIEF AFRICA ]

IN a development that's created excitement among cancer researchers, Messenger RNA, or mRNA, is now offering glimmers of hope, with a number of successes in early-stage trials involving patients with pancreatic cancer. The key development, writes MedicalBrief, comes on the heels of other encouraging news about an experimental drug for pancreatic cancer.

More good news, this time from South Africa, is that a Pretoria surgeon this month carried out the continent’s first experimental lymphovenous bypass on an Alzheimer’s patient.

In the courts, a doctor from KwaZulu-Natal has been accused of sexually assaulting four patients over a period of several months.

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

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30/04/2026

[In Legalbrief Today]

PARTICIPATION IN A TAX AVOIDANCE ARRANGEMENT DOES NOT REQUIRE KNOWLEDGE OF EVERY STEP DOWNSTREAM
Reasons
In Absa Bank Ltd v CSARS [2026] ZACC 15, the Constitutional Court majority held that ‘participation’ in a tax avoidance scheme does not require knowledge. Between 2011 and 2015, Absa invested R1.9 billion in preference shares in PSIC3, receiving tax-exempt dividends. Unknown to Absa, funds flowed through PSIC4 and a foreign trust into Brazilian government bonds, swapping a taxable income stream for a tax-free one — a structure designed by Macquarie. SARS invoked the General Anti-Avoidance Rules (ss 80A–80L, Income Tax Act 58 of 1962) and recharacterised Absa's dividends as taxable interest.

The majority in the Constitutional Court (per Majiedt J) held that being a "party" under s 80L requires objective participation in the causal chain of an arrangement, not knowledge of every downstream step. The deliberate use of "participates or takes part", without the familiar "knows or ought to have known" formulation, signals that Parliament decoupled GAAR liability from subjective intent in the 2006 amendments. Absa's capital injection was indispensable to the avoidance structure. Stripped of its avoidance features, Absa's return was economically equivalent to taxable interest, constituting a tax benefit. Copthorne Holdings (Canada) and Australian Part IVA jurisprudence were cited in support.

Order

The appeal against the Supreme Court of Appeal's order was dismissed. The SCA's order was confirmed, albeit for different reasons.

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

Judgment: https://bit.ly/4w0CciB

Summary: https://bit.ly/3P8mBNs


Stay informed with daily case law and legal news updates. Subscribe to Legalbrief: https://bit.ly/4cFaVLc

29/04/2026

[ IN THIS WEEK'S IBA LEGALBRIEF AFRICA ]

The second High-level Meeting of Women Judicial Leaders of Africa has adopted the Johannesburg Declaration, a set of resolutions aimed at consolidating and deepening the 2003 Maputo Protocol’s progressive framework to address gender inequality among judiciaries and in broader society. It also pledged to contribute to the continued development of a distinctly African, rights-based, gender-responsive jurisprudence.

In Kenya, the Appeals Court has overturned a landmark ruling that accessing abortion was a fundamental right. Kenya's 2010 Constitution allows for abortions if the ‘life or health of the mother is in danger’, but the country's penal code, written during Britain's colonial rule, has yet to be amended to reflect that. The court case dated back to September 2019, when a 16-year-old girl was arrested, along with the clinician, Salim Mohammed. She had come to the clinic with severe complications from an abortion, including pain and bleeding, and Mohammed determined she had lost the baby and provided post-abortion care, their lawyers say.

Mali’s Defence Minister, General Sadio Camara has been killed in co-ordinated attacks on military sites nationwide. Camara ⁠was killed when ⁠assailants targeted his house during simultaneous attacks by an al-Qaeda affiliate and Tuareg rebels. Camara was a central figure in the military government that seized power after back-to-back coups in 2020 and 2021.

And South African President Cyril Ramaphosa has placed the country's National Police Commissioner Fannie Masemola on precautionary suspension. The sidelining comes two days after he made his first court appearance on criminal charges for allegedly contravening the Public Finance Management Act in a case connected to a dubiously awarded police tender. Ramaphosa named police's Divisional Commissioner for Financial Services Puleng Dimpane as the Acting National Police Commissioner.

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

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29/04/2026

[ IN THIS WEEK'S IBA LEGALBRIEF AFRICA ]

As Sudan's civil war enters its fourth year, international donors and regional stakeholders, who met in Berlin in the past week to pledge funds for humanitarian needs and attempt to find a way to end the brutal conflict, have acknowledged that there is a slim chance of peace any time soon. Countries marked the end of the third year of the civil war, with Foreign Ministers from across the world reportedly pledging over $1bn at the third International Conference for Sudan co-hosted by Germany, the African Union, the EU, France, and the UK.

In South Africa, the head of legal affairs for the state prosecution authority, Advoc­ate Mthunzi Mhaga, has denied any polit­ical inter­fer­ence in the hand­ling of apartheid-era killings, telling a commission of inquiry that all pro­sec­u­tions he was involved in were guided strictly by evid­ence. The Khampepe judi­cial com­mis­sion, chaired by retired Con­sti­tu­tional Court Judge Sisi Khampepe, is prob­ing whether attempts were made to block or delay invest­ig­a­tions and pro­sec­u­tions of apartheid-era crimes referred by the Truth and Reconciliation Commission, as alleged by families of apartheid-era victims.

The trial of Christopher Okello Onyum has officially begun in Uganda. He stands accused of killing four young children in a crime that has gripped the nation. Onyum is accused of fatally stabbing the children at a kindergarten. The victims were aged between 15 months and two-and-a-half years. He allegedly claimed he believed the act of so-called ‘human sacrifice’ would make him rich.

And French lawmakers have approved legislation setting out a framework for the restitution of cultural property looted during the colonial era. The vote marks a break from the case-by-case approach France has used since 2020. The new law covers the period from the expansion of France’s second colonial empire to the adoption of the Unesco convention on cultural property. Several countries continue to press claims. Mali and Senegal are awaiting the return of artefacts from the Ségou treasure. Algeria is seeking personal items belonging to Emir Abdelkader. Benin has requested the statue of the god Gou, still held at the Quai Branly museum in Paris, which houses around 70 000 objects of African origin.

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

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28/04/2026

[In Legalbrief Today]

NW DEPT OF EDUCATION SCHOOLED BY THE HIGH COURT

The NW Dept of Education unilaterally placed 78 English-medium learners into a single-medium Afrikaans school without consulting the School Governing Body, over the December holidays. Previously the dept had undertaken to provide infrastructure, funding and human resources. An engineer identified significant structural defects in the school buildings. The learners were housed in a wooden school hall at risk of eventual collapse. The court balanced competing rights under s 29 of the Constitution, the Schools Act 84 of 1996 (ss 5 & 6) and the BELA Act 32 of 2024.The SGB has a prima facie right to have its statutory language & admission policy respected. But those powers must yield to constitutional imperatives of access and equity. Irreparable harm existed on both sides: structural risk vs disruption to settled learners. Key principle: the obligation is to provide resources, not remove learners. Application to remove learners was dismissed. A structural interdict was granted for compliance by the MEC: Joint infrastructure assessment in 7 days; Urgent safety repairs in 30 days; Written Infrastructure Support Plan in 44 days; Full implementation in 6 months; HOD to file sworn compliance reports at 45, 90 & 180 days; and psychosocial support for affected learners within 30 days.

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

Summary: https://bit.ly/3QEWazm

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

Stay informed with daily case law and legal news updates. Subscribe to Legalbrief: https://bit.ly/42yyfnM

21/04/2026

[In Legalbrief Today] NW DEPT OF EDUCATION SCHOOLED BY THE HIGH COURT

The NW Dept of Education unilaterally placed 78 English-medium learners into a single-medium Afrikaans school without consulting the School Governing Body, over the December holidays. Previously the dept had undertaken to provide infrastructure, funding and human resources. An engineer identified significant structural defects in the school buildings. The learners were housed in a wooden school hall at risk of eventual collapse. The court balanced competing rights under s 29 of the Constitution, the Schools Act 84 of 1996 (ss 5 & 6) and the BELA Act 32 of 2024.The SGB has a prima facie right to have its statutory language & admission policy respected. But those powers must yield to constitutional imperatives of access and equity. Irreparable harm existed on both sides: structural risk vs disruption to settled learners. Key principle: the obligation is to provide resources, not remove learners. Application to remove learners was dismissed. A structural interdict was granted for compliance by the MEC: Joint infrastructure assessment in 7 days; Urgent safety repairs in 30 days; Written Infrastructure Support Plan in 44 days; Full implementation in 6 months; HOD to file sworn compliance reports at 45, 90 & 180 days; and psychosocial support for affected learners within 30 days.

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

Summary: https://bit.ly/3QqRnBu

Judgment: https://bit.ly/41Mcb96

Stay informed with daily case law and legal news updates. Subscribe to Legalbrief: https://bit.ly/4tpdkiP

Why Did I Become A Doctor South Africa Podcast On a quest to reshape the image of dentistsMeet the doctor on a mission t...
17/04/2026

Why Did I Become A Doctor South Africa Podcast

On a quest to reshape the image of dentists

Meet the doctor on a mission to change the negative narrative about dental visits, and improve what he calls ‘the dental IQ’ of the general population. Dr Odirile Moloi has made it his mission to change the stereotypes of dentists ever since his own fear as a child was replaced by a drive to himself become a dentist. In the next podcast episode of Why Did I Become A Doctor, in partnership with MedicalBrief, Moloi recounts how a desire for a gold filling, as was the trend among the youth in his Rustenburg hometown at the time, led him to a local dentist's rooms, where he was deftly persuaded to have his teeth cleaned instead of opting for a gold tooth; an experience which ignited a fire for dentistry. MedicalBrief subscribers get early access to Moloi’s interview, which officially airs on 12 April. Click here to listen to a passionate Moloi and watch this space for more unfiltered, inspiring stories from healthcare professionals about their career journeys.

Watch here: https://bit.ly/4sKEY8N

Subsribe to MedicalBrief here: https://bit.ly/3Pei7o1

16/04/2026

In this week’s Medical Brief…

After years of investigation, and a decade of excruciating delays, buck-passing, heel-dragging and institutional resistance, senior health officials implicated in the deaths of at least 141 mental health patients in the Life Esidimeni saga are to finally face accountability.

On the NHI, senior health officials say the characterisation of scheme as a form of centralised state control that will undermine clinical autonomy and effectively nationalise healthcare provision is misleading.

In the courts, disgraced former Pretoria midwife Yolande Fouchee was found guilty of multiple crimes, including the culpable homicide of a nine-day-old infant.

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Save the date for a milestone event.Juta’s 25th Annual Labour Law Seminar is coming to a city near you this September.Jo...
15/04/2026

Save the date for a milestone event.

Juta’s 25th Annual Labour Law Seminar is coming to a city near you this September.

Join leading experts and practitioners for insights, updates, and discussions shaping the future of labour law in South Africa.

📍 Gqeberha | Cape Town | Durban | Bloemfontein | Pretoria | Sandton

📅 7–23 September

Stay tuned for more details.

15/04/2026

[ IN THIS WEEK'S IBA LEGALBRIEF AFRICA ]

Nigeria, under pressure from the US over ongoing militant attacks, is attempting to strengthen its fight against terrorism, with mass trials and airstrikes, but it appears that civilians are once against bearing the brunt of the violence. Nearly 400 people have been sentenced in Nigeria for links with militant Islamic groups following mass trials. The convicts were given sentences ranging from five years to life imprisonment after linked to Boko Haram or a rival splinter group, the Islamic State West Africa Province. The trials come as security forces are battling multiple armed groups, from militant Islamists to separatists, and kidnapping-for-ransom gangs.

British barrister Martin Hackett has been appointed as The Gambia's first special prosecutor to try those responsible for human rights abuses carried out during the 22-year rule of ex-President Yahya Jammeh, which ended when he went into exile in 2017. Hackett will head a newly created office charged with dealing with the cases from a period characterised by widespread repression, enforced disappearances and extrajudicial killings.

Seven players from the Eritrean football squad that scored a historic victory in eSwatini last week have failed to return home. While some of their teammates flew back from SA, the seven are said to have absconded. There have been several cases when Eritreans competing in various sports have not returned home after international fixtures. Rights groups have described the government in Asmara as highly repressive – a charge which the authorities reject.

The Hai//om Association is suing the Namibian Government for N$2.8trn, which they say is what the Etosha National Park is worth. The country's second largest San group was removed from the land in 1954 by South African colonial forces. In papers filed in the Windhoek High Court, the Hai//om Association wants the court to declare that the 23 150km2 park belongs to them, along with the land on which 11 farms are situated in Mangetti in the Kavango West region.

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

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Your nursing journey starts here, and Juta is with you every step of the way.From building strong foundational knowledge...
14/04/2026

Your nursing journey starts here, and Juta is with you every step of the way.

From building strong foundational knowledge to developing real-world clinical skills, our trusted learning resources are designed to support you through every stage of your studies.

Start strong. Learn with confidence. Succeed in your nursing career.

Explore Juta’s nursing resources today: https://bit.ly/4ca6lEz

13/04/2026

[In Legalbrief Today]

CONDUCT, NOT OFFENCE ELEMENTS, IS THE CORRECT TEST FOR DOUBLE CRIMINALITY IN SA–USA EXTRADITIONS

In Osagiede and Others v S, the Western Cape High Court (Sher J, with Bhoopchand AJ concurring) held that the conduct-based approach to double criminality applies to extraditions between South Africa and the United States under the USA–SA Extradition Treaty (in force 25 June 2001) and the Extradition Act 67 of 1962. Eight Nigerian nationals, resident in South Africa, faced extradition to the USA on charges of wire fraud, aggravated identity theft and money laundering (Title 18 USC ss 1028A, 1343, 1349, 1956(h)) arising from a 2011–2021 international fraud scheme involving romance scams, identity theft and the laundering of at least $17 million. After surveying case law from several international jurisdictions, the court concluded that article 2.3(a) of the Treaty, read with its object and purpose and the UN Model Treaty on Extradition, excludes an elements-based approach and requires that the totality of the offender's alleged acts and omissions be assessed. The court further set out the three-step inquiry (drawn from Ortmann v USA to be applied in treaty-based extradition enquiries under s 10 of the Extradition Act.

If the appellant’s conduct, had it occurred in South Africa, would constitute an offence punishable by at least one year's imprisonment, double criminality is established. The court did not approve of the 'substantially similar' offence test applied in Carolissen v DPP and DPP, Western Cape v Louie. The appellants' conduct, had it occurred in South Africa, would constitute common law fraud and contraventions of the Cybercrimes Act 10 of 2020 and the Prevention of Organised Crime Act 121 of 1998 in South Africa, satisfying the treaty threshold.

The appeals of the first, third, fourth, fifth, sixth and eighth appellants against the Cape Town magistrate's order of 19 February 2024, holding them liable for extradition to the USA and committing them pending the Minister's decision, were dismissed.

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

Summary: https://bit.ly/48xRm4T

Judgment: https://bit.ly/4sood37

Stay informed with daily case law and legal news updates. Subscribe to Legalbrief: https://bit.ly/4229CQ7

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