Section 188A(11) and Whistleblower Protection

by | Apr 19, 2026 | ILJ, ILJ V47 I2

Section 188A(11) and Whistleblower Protection

Author Andrea Joy Zitzke

ISSN: 2413-9874
Affiliations: BA Law (Pretoria), LLB (Pretoria), LLM (Stellenbosch), LLD candidate (Free State)
Source: Industrial Law Journal, Volume 47 Issue 2, 2026, p. 776 – 789
https://doi.org/10.47348/ILJ/v47/i2a4

Abstract

In this note, three judgments concerning when a s 188A(11) inquiry may be invoked are discussed. In Mohlala-Mulaudzi, the court set out the test as being whether there is a causal connection between a protected disclosure and an alleged occupational detriment. In Matlala and Modika, the court lowered this high threshold and determined that the test was whether the allegation of a contravention of the Protected Disclosures Act was in good faith. Since the Labour Appeal Court still needs to have the ‘final word’ on this point, the question that this note attempts to answer is which approach is worth following, in order to provide better protection for whistleblowers.

Workers Who Are (Not) Employees: Towards Decent Work, Access to Labour Standards and Social Protection

by | Apr 19, 2026 | ILJ, ILJ V47 I2

Workers Who Are (Not) Employees: Towards Decent Work, Access to Labour Standards and Social Protection

Authors Debbie Collier, Darcy du Toit, Mario Jacobs, and Abigail Osiki

ISSN: 2413-9874
Affiliations: Professor/Director CENTROW, University of the Western Cape (UWC); Emeritus Professor, UWC; Lecturer/Researcher, CENTROW, UWC; Research Associate, CENTROW, UWC
Source: Industrial Law Journal, Volume 47 Issue 2, 2026, p. 790 – 820
https://doi.org/10.47348/ILJ/v47/i2a5

Abstract

None

Transformative social change and the role of the judge in post-apartheid South Africa

by | Apr 19, 2026 | SLR, SLR V33 I4

Transformative social change and the role of the judge in post-apartheid South Africa

Author: Judge President Dunstan Mlambo

ISSN: 1996-2193
Affiliations: Judge President of the Gauteng Division of the High Court
Source: Stellenbosch Law Review, Volume 33 Issue 4, 2022, p. 595-604
https://doi.org/10.47348/SLR/2022/i4a1

Abstract

The Constitution of the Republic of South Africa, 1996 committed South Africa to a path of social transformation through its endorsement of the concept of transformative constitutionalism. Ultimately, this requires the transition of South African society from a state of deep inequality and injustice towards a more equal society characterised by social justice. Transformative constitutionalism has important consequences for the judiciary and the way in which judges discharge their judicial responsibilities. This lecture explores what transformative constitutionalism entails for the judiciary in fulfilling their adjudicative mandate under the Constitution. It assesses how well judges have fared in their attempts to ensure the transformation of South Africa’s legal culture and methods of judicial decision-making. It further proposes how judges should approach their constitutional obligation to develop the common law and interpret legislation to give full effect to constitutional rights and values. The lecture concludes by reflecting on the role of the judiciary in light of the current socio-political context and debates in South Africa.

Supervening impossibility of performance – a conceptual conundrum and restatement of principles

by | Apr 19, 2026 | SLR, SLR V33 I4

Supervening impossibility of performance – a conceptual conundrum and restatement of principles

Author: Jacques du Plessis

ISSN: 1996-2193
Affiliations: BComm LLB LLM PhD, Distinguished Professor, Stellenbosch University
Source: Stellenbosch Law Review, Volume 33 Issue 4, 2022, p. 605-617
https://doi.org/10.47348/SLR/2022/i4a2

Abstract

In defining supervening impossibility of performance, the South African law of contract recognises a “general rule”, which entails that performance is excused if impossibility is brought about by vis major or casus fortuitus. This rule is then made subject to a vague and broad list of qualifications. It is argued here that this approach is unhelpful, and that the general principles on supervening impossibility of performance may be restated in more concrete terms. The general rule may simply maintain that absolute impossibility excuses a debtor. The rule should then be subject to clear and specific qualifications. These qualifications entail that liability may nonetheless be imposed if: (i) the debtor actually foresaw or reasonably should have foreseen the event giving rise to impossibility; (ii) the debtor could have taken reasonable steps to avoid such an event or overcome its consequences; (iii) the debtor created the impossibility; or (iv) the debtor was in mora at the time of impossibility. It is argued that it may be unhelpful to include fault on the side of the debtor in this list, inasmuch as fault could actually obscure other qualifications to the general rule, rather than act as a qualification in its own right.

Signed, sealed and delivered (electronically): embracing the digital takeover. A brief consideration of electronic signing and delivery in South African law

by | Apr 19, 2026 | SLR, SLR V33 I4

Signed, sealed and delivered (electronically): embracing the digital takeover. A brief consideration of electronic signing and delivery in South African law

Author: Ciresh Singh

ISSN: 1996-2193
Affiliations: LLB LLM PhD (UKZN), Associate Professor, Department of Mercantile Law, University of South Africa
Source: Stellenbosch Law Review, Volume 33 Issue 4, 2022, p. 618-636
https://doi.org/10.47348/SLR/2022/i4a3

Abstract

The advent and advancement of technology, in particular the digitalisation of commerce and traditional working methods, have introduced a new era of the “digital age” into human history. Digitalisation has taken over many economic activities and industries and is slowly finding its way into the legal system. Internationally, many businesses are using technology to automate their processes and practices, making it much easier, quicker, and cheaper to finalise their products and services. From a legal perspective, several businesses are now concluding commercial transactions and contracts electronically. These new innovations have raised the question of the legal validly of these transactions, in particular the legitimacy of electronic signing and electronic delivery of these documents.
In South Africa, the outbreak of the COVID-19 pandemic prompted many local companies to consider new ways of conducting business without compromising the legality and compliance aspect of operations. Electronic signatures and electronic delivery have consequently become essential tools for concluding legal agreements and conducting other daily business practices. The move to digital signing and delivery has thus become more prevalent across all business sectors and naturally this has given rise to questions on its legitimacy and security.