Central Bank Digital Currency in South Africa: A bridge on the road to financial inclusion and a cashless society

by | Sep 24, 2026 | SALJ, SALJ V143 I3 2026

ARTICLE

Central Bank Digital Currency in South Africa: A bridge on the road to financial inclusion and a cashless society

Authors: Thomas Ross Mitchell & Michelle Kelly-Louw

ISSN: 1996-2177
Affiliations: Research student, Faculty of Law, University of Cape Town; Professor, Department of Commercial Law, University of Cape Town
Source: South African Law Journal, Volume 143 Issue 3, p. 513-538
https://doi.org/10.47348/SALJ/v143/i3a5

Abstract

South Africa is moving toward digital payments, and a retail central bank digital currency (‘CBDC’) could reduce cash reliance and promote financial inclusion. Using the International Monetary Fund’s REDI framework (an acronym for Regulation, Education, Design & Deployment and Incentives), a retail CBDC could encourage broader access to digital payments and support a more inclusive financial sector in South Africa. A retail CBDC could tackle mistrust of financial institutions, low financial (and digital) literacy, inadequate infrastructure, and high transaction costs. Regulation would update laws for safe use; education would build trust and literacy, especially in low-income areas; design and deployment would ensure secure, user-friendly, interoperable and offline-accessible systems with phased rollouts and low fees; and incentives such as cashback, discounts or tax breaks could encourage adoption amongst consumers and merchants. While the South African Reserve Bank considers a retail CBDC feasible, it currently prioritises modernising the payments system, supporting fintech and exploring wholesale applications. We conclude that modernisation is the essential first step, creating a secure, adaptable foundation, while a REDI-aligned retail CBDC could later complement cash, reduce reliance on physical currency and expand access to digital financial services, fostering a more inclusive financial sector for South African consumers.

Safeguarding collective bargaining in South Africa in the absence of a duty to bargain

by | Sep 24, 2026 | SALJ, SALJ V143 I3 2026

ARTICLE

Safeguarding collective bargaining in South Africa in the absence of a duty to bargain

Author: M E Manamela

ISSN: 1996-2177
Affiliations: Professor, Department of Mercantile Law, University of South Africa
Source: South African Law Journal, Volume 143 Issue 3, p. 539-571
https://doi.org/10.47348/SALJ/v143/i3a6

Abstract

The Constitution provides for the right to engage in collective bargaining, and the Labour Relations Act 66 of 1995 (‘LRA’) regulates and gives effect to this right. However, neither source imposes a duty upon the parties to bargain with each other. The article examines the right to engage in collective bargaining and the nature of collective bargaining in South Africa. It explores various mechanisms under the LRA that encourage and advance collective bargaining, in the absence of a duty to bargain. These mechanisms include provisions relating to the protection of the right to freedom of association; organisational rights; industrial action; centralised bargaining; and the extension of collective agreements in terms of ss 23(1)(d) and 32 of the LRA. The article then considers the position in the US, the UK, Canada and Tanzania, where a duty to bargain in good faith is enacted in legislation. It argues that the voluntary system of collective bargaining in South Africa faces some challenges. The article suggests that there might be a need to recognise the duty to bargain in good faith, and perhaps to reintroduce bad-faith bargaining as a form of unfair labour practice. It argues that the duty to bargain in good faith is necessary to safeguard the collective bargaining system.

The appeal and sanctioning authority of the Member of the Executive Council for local government under the Code of Conduct for Municipal Councillors in South Africa

by | Sep 24, 2026 | SALJ, SALJ V143 I3 2026

ARTICLE

The appeal and sanctioning authority of the Member of the Executive Council for local government under the Code of Conduct for Municipal Councillors in South Africa

Authors: Oliver Fuo, Ngwako Raboshakga & Lourens Erasmus

ISSN: 1996-2177
Affiliations: SARChI CLES Chair, Professor, North-West University; Senior Lecturer, North-West University; Researcher and Administrator, SARChI CLES Chair, North-West University
Source: South African Law Journal, Volume 143 Issue 3, p. 572-593
https://doi.org/10.47348/SALJ/v143/i3a7

Abstract

The Code of Conduct for Councillors (2021) (‘the Code’), which appears in Schedule 7 to the Local Government: Municipal Structures Act 117 of 1998 (‘the Structures Act’), regulates the conduct of councillors. It gives municipal councils, the speakers of municipal councils, and the Member of the Executive Council (‘MEC’) for local government in each province the powers to ensure compliance with the Code. This article considers whether the authority vested in the MEC for local government to entertain appeals of municipal council decisions in terms of item 16(4) of the Code — including, where appropriate, the power to overturn council decisions — as well as the MEC’s authority to suspend or remove a councillor from office upon request by the council in terms of item 16(2)(c) and (e) read with item 16(7) of the Code, infringe upon the constitutionally guaranteed political autonomy of municipalities or go beyond the supervisory role envisaged for provincial governments by the constitutional framework. Answering these questions in the affirmative, the article argues that it is necessary to revisit and amend relevant provisions of the Code to address the identified defects, including poor drafting.

All that succeeds is success: Defining informal constitutional change

All that succeeds is success: Defining informal constitutional change

by | Sep 24, 2026 | SALJ, SALJ V143 I3 2026

ARTICLE

All that succeeds is success: Defining informal constitutional change

Author: Dan Mafora

ISSN: 1996-2177
Affiliations: Lecturer, Department of Public Law; Research Associate, Centre for Law and Society, University of Cape Town
Source: South African Law Journal, Volume 143 Issue 3, p. 594-634
https://doi.org/10.47348/SALJ/v143/i3a8

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Dan Mafora
All that succeeds is success: Defining informal constitutional change
South African Law Journal, Volume 143 Issue 3, p. 594-634
https://doi.org/10.47348/SALJ/v143/i3a8

Abstract

This article considers whether the Constitution of the Republic of South Africa, 1996 has been informally changed by the courts through constitutional interpretation. To do so, it first provides a working definition of the concept of informal constitutional change and contrasts it with formal constitutional change. It then interrogates the challenges that arise from informal constitutional change by courts, including the question of the legitimacy or constitutionality of such change. To this end, the article develops an analytical framework for identifying both informal and unconstitutional constitutional change. Finally, it offers one likely instance of both informal and unconstitutional constitutional change by courts in South African law.