Statutes on ExcellentWiki - Legal Encyclopedia

The Constitution of the Republic of South Africa, 1996

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The Constitution of the Republic of South Africa, 1996, is the supreme law of the Republic. Adopted by the Constitutional Assembly on 8 May 1996, certified by the Constitutional Court on 4 December 1996, and taking effect on 4 February 1997, it replaced the Interim Constitution of 1993. The Constitution is the product of a negotiated transition from apartheid to democracy and embodies the transformative commitment to healing the divisions of the past.

The Competition Act 89 of 1998

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The Competition Act 89 of 1998 is the primary legislation governing competition law in South Africa. The Act prohibits restrictive practices, abuse of dominance, and regulates mergers. It establishes three specialised institutions: the Competition Commission, the Competition Tribunal, and the Competition Appeal Court. The Act aims to promote and maintain competition while addressing historical economic concentration.

Objectives

Section 2 of the Act sets out its purposes. These include: promoting efficiency, adaptability, and development of the economy; providing consumers with competitive prices and product choices; promoting employment and social welfare; expanding opportunities for South African participation in world markets; ensuring that small and medium-sized enterprises have equitable participation; and promoting a greater spread of ownership (particularly for historically disadvantaged persons).

The Labour Relations Act 66 of 1995

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The Labour Relations Act 66 of 1995 (LRA) is the primary legislation governing labour relations in South Africa. Enacted after the first democratic elections, the LRA replaced the apartheid-era labour legislation and gives effect to the constitutional right to fair labour practices (section 23). The Act regulates collective bargaining, trade unions, strikes and lockouts, unfair dismissal, and dispute resolution.

Collective Bargaining

The LRA promotes collective bargaining through the recognition of trade unions, the negotiation of collective agreements, and the establishment of bargaining councils. Trade unions with sufficient representation may demand recognition from employers. Bargaining councils negotiate sectoral agreements and may extend them to non-parties.

The Companies Act 71 of 2008

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The Companies Act 71 of 2008 is the primary legislation governing company law in South Africa. Effective from 1 May 2011, the Act replaced the Companies Act 61 of 1973. The 2008 Act represents a modern, flexible approach to company law, balancing the interests of shareholders, directors, and stakeholders, and introducing the innovative Chapter 6 on business rescue.

Corporate Governance

The Act imposes both fiduciary duties and duties of care, skill, and diligence on directors. Directors must act in good faith, in the best interests of the company, and for a proper purpose. The business judgment rule provides a safe harbour for directors who make informed decisions without conflicts of interest. The Act also establishes standards for board composition and the appointment of company secretaries and auditors.

PAIA and POPIA: Access to Information and Data Protection

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The Promotion of Access to Information Act 2 of 2000 (PAIA) and the Protection of Personal Information Act 4 of 2013 (POPIA) are complementary statutes that give effect to constitutional rights. PAIA gives effect to the right of access to information (section 32 of the Constitution), while POPIA gives effect to the right to privacy (section 14). Together, they regulate the flow of information in South African society.

PAIA: Access to Information

PAIA provides a right of access to records held by the state and, in certain circumstances, by private bodies. The Act requires public bodies to publish information about their functions and operations. Any person may request access to a record, and the body must respond within 30 days. PAIA provides for mandatory and discretionary grounds for refusing access, including the protection of personal privacy, commercial confidentiality, and law enforcement.