Public interest standing under section 157(1)(d) of the Companies Act: A sharp arrow in the quiver of public interest guardians

by | Feb 13, 2026 | SALJ, SALJ V143 I1 2026

ARTICLE

Public interest standing under section 157(1)(d) of the Companies Act: A sharp arrow in the quiver of public interest guardians

Author: Tebello Thabane

ISSN: 1996-2177
Affiliations: Senior Lecturer, Department of Commercial Law, University of Cape Town
Source: South African Law Journal, Volume 143 Issue 1, p. 155-183
https://doi.org/10.47348/SALJ/v143/i1a8

Abstract

This article examines the evolution of the notion of public interest in South African law, from the historical requirement for litigants to demonstrate a direct interest in the relief to its current endorsement by the Constitution of the Republic of South Africa, 1996. Traditionally, South African courts rejected the doctrine of the actio popularis, concerned that allowing open-access standing would open the floodgates of litigation and overwhelm the judicial system. However, the Constitution marked a paradigm shift, permitting any individual ‘acting in the public interest’ — an ‘ideological plaintiff’ — to protect constitutional rights through public interest actions. This constitutional pivot was further reflected in s 157(1)(d) of the Companies Act 71 of 2008, which introduced public interest standing into South African company law. Despite this significant shift, the application of public interest standing in company law remains largely unexplored until recent judicial developments. Notable cases, such as Recycling and Economic Development Initiative of South Africa v Minister of Environmental Affairs, Organisation Undoing Tax Abuse NPC v Myeni (Special Plea Judgment) and Vantage Mezzanine Fund II Partnership v Hopeson have shed light on the potential and limitations of this mechanism in company law. This article critically examines these developments, clarifying the contours of public interest standing, evaluating its effectiveness, and speculating on its future trajectory, informed by insights from pioneering cases.

Protection down the road: Car shapes and intellectual property law

by | Feb 13, 2026 | SALJ, SALJ V143 I1 2026

ARTICLE

Protection down the road: Car shapes and intellectual property law

Authors: Gretchen Jansen & Dennis Wurm

ISSN: 1996-2177
Affiliations: Lecturer, Department of Mercantile Law, Stellenbosch University; Research assistant and PhD student in Public Law and International Economic Law, Universität Siegen, Germany
Source: South African Law Journal, Volume 143 Issue 1, p. 184-214
https://doi.org/10.47348/SALJ/v143/i1a9

Abstract

The automotive industry is of growing importance in South Africa. To maintain the country’s appeal as an international business hub for foreign automakers, the law should provide sufficient protection for automakers with regard to the shape of their vehicles. This article considers the extent to which South African intellectual property law provides protection for the shape of a motor vehicle. The law is examined comparatively, with the approaches in the European Union and the United Kingdom investigated to determine whether South African intellectual property law meets international standards in this context. It is argued that the law of registered designs remains the primary method of protection for car shapes, but that trade mark law and copyright law can be developed to offer supplementary avenues to enhance protection in this area.

Continuity and change in global labour law

by | Jan 31, 2026 | ACTA, ACTA 2025

Continuity and change in global labour law

Author Simon Deakin

ISSN: 1996-2088
Affiliations: MA PhD (Cantab) PhD(hc) (Louvain-la-Neuve); Professor of Law, University of Cambridge
Source: Acta Juridica, 2025, p. 1-25
https://doi.org/10.47348/ACTA/2025/a1

Abstract

This article undertakes an analysis of the prospects for global labour law from the perspective of long-run capitalist dynamics associated with phases of industrialisation. The article argues that Britain’s early industrialisation owed much to legal institutions, including the poor law and factory legislation, which supported labour mobility and improvements in productivity. Labour standards constructed around this model achieved a global reach by the middle decades of the twentieth century. Although weakened during the period of neoliberal policy dominance which began in Europe and North America in the 1980s, these institutions have proved surprisingly resilient, and have been strengthened in certain regions. If neoliberalism is ending, and it is not yet clear what will replace it, it is possible to predict that labour law will continue to have a future in mediating the impacts of markets and technology on humans and nature.

Has the Labour Relations Act exceeded its shelf life?

by | Jan 31, 2026 | ACTA, ACTA 2025

Has the Labour Relations Act exceeded its shelf life?

Author André van Niekerk

ISSN: 1996-2088
Affiliations: BA LLB MA (Witwatersrand) LLM (Leicester); Judge of the Labour Appeal Court
Source: Acta Juridica, 2025, p. 26-48
https://doi.org/10.47348/ACTA/2025/a2

Abstract

Any retrospective assessment of the Labour Relations Act (LRA) must necessarily determine whether the Act has succeeded in meeting its stated objectives, which are the advancement of economic development, social justice, labour peace and the democratisation of the workplace. This article traces the history of the LRA, the draft Bill that formed the basis of its negotiation, and the consensus that emerged from that tripartite process. The article concludes that the LRA has failed to meet its stated objectives, largely on account of its users’ rejection of those parts of the Act that sought to supplement the prevailing adversarial nature of industrial relations with a consensus-seeking, consultative ‘second channel’. The rejection of those provisions invites a consideration of different means to achieve the LRA’s stated objectives. A reconsideration of the LRA is also warranted by assumptions made when the LRA was drafted 30 years ago that are no longer valid. In particular, the corporatist assumptions that inform the model of collective bargaining no longer pertain, nor does the conception of work, tied as it is to the common-law contract of employment. Fragmented trade union federations and employers’ organisations, persistent adversarialism, the emergence of new forms of work and a dispute resolution system under stress all call for a re-evaluation of key elements of the LRA. The LRA failed to meet the challenges of democratic South Africa’s entry into a competitive global economy, even though it was designed to do so. The question is whether the Act remains fit for purpose to meet the current challenges of a fragile domestic economy in an increasingly polarised world.