Kloppers Inc. Podcast

When a product causes harm, who is held responsible — and can you go straight to court? In this episode, we unpack a recent South African court judgment that sheds new light on consumer rights under the Consumer Protection Act (CPA) when injuries result from unsafe or hazardous products. We explore the landmark Pieterse v Organic Synthesis (Pty) Ltd case, where a family suffered serious burns from an ethanol gel product, leading the court to clarify a key question: Must consumers exhaust all remedies under the CPA before taking legal action? Join us as we break down: What strict liability means under the CPA — and why it's crucial for both consumers and suppliers. The various enforcement remedies available to consumers, from ombuds to tribunals. Why the court ruled that consumers can approach a court directly when injured by a defective or hazardous product. The broader implications for manufacturers, importers, and retailers navigating product liability risks. Whether you're a business owner, legal professional, or consumer advocate, this episode will help you understand how South African law protects consumers — and holds suppliers accountable — when products fail to keep people safe.

Big changes are here for South African employers. As of 1 January 2025, the Employment Equity Amendment Act (EEA) officially took effect, reshaping how businesses approach equity, compliance, and state contracting. In this episode, we unpack what every employer — especially small and medium-sized businesses — needs to know about the new rules. We explore: How the definition of designated employers has changed, giving small businesses with fewer than 50 employees a welcome reprieve. What Section 53 compliance means for any business contracting with government, and why a valid Certificate of Compliance is now essential. The new powers granted to the Minister of Labour under Section 15A to set sectoral numerical targets — and what these targets mean for representation and transformation. The potential penalties for non-compliance, which can reach up to R2.7 million or 10% of turnover. The increasing role of labour inspectors and what enforcement will look like going forward. This episode offers practical insight for employers navigating the evolving employment equity landscape — from understanding compliance thresholds to aligning workforce diversity goals with the law.

As conversations around data privacy grow louder, South Africa's Protection of Personal Information Act (POPIA) is back in the spotlight — this time focusing on one of the most sensitive categories of personal data: health and sex life information. In this episode, we unpack the new draft Regulations to POPIA, which propose updates to how this data can be collected, processed, and shared. We explore: What the draft Regulations mean for Responsible Parties such as medical schemes, insurers, and employers. Why explicit consent remains a cornerstone of lawful data processing. How landmark Constitutional Court cases, including Satchwell v President of South Africa and NM v Smith, continue to shape privacy rights in South Africa. The intersection between POPIA and other key laws like the National Health Act and Promotion of Access to Information Act. With privacy, ethics, and compliance in focus, this episode offers clear insights for businesses, HR professionals, and healthcare stakeholders navigating the evolving data protection landscape. Tune in to understand how these draft Regulations could reshape the boundaries of consent, privacy, and constitutional protection — and what your organisation should be doing now to prepare.

Amendments to the Trust Property Control Act require trusts to report beneficial ownership (BO) details to the Master of the High Court via an electronic platform, with penalties for non-compliance of up to R10 million or five years' imprisonment. However, dormant or deregistered trusts are exempt but must file a declaration confirming their status. If reactivated, such trusts must then comply with full BO reporting requirements.

Under Section 197 of the Labour Relations Act (LRA), when a business is sold as a going concern, employees' contracts transfer automatically to the new employer, preserving rights, obligations, and continuity of service. The Labour Appeal Court case of Africa Online Operations v Scanlon (2024) reaffirmed these protections, even in cases of liquidation, provided business operations continue. Employers cannot alter terms without agreement, ensuring employees' rights remain safeguarded.

In this episode, we unpack three major legal and regulatory developments shaping South Africa's business and property landscape. First, we explore the Deeds Registries Amendment Act of 2024, a landmark step towards modernising the land registration system. From clarifying technical ambiguities to introducing penalties for unauthorised transactions, the Act lays the groundwork for a fully electronic, streamlined land registration system that promises greater efficiency and accountability. Next, we turn to employee rights during business transfers under Section 197 of the Labour Relations Act. Using recent case law, we examine how employees are protected when businesses change hands, ensuring continuity of service, preservation of benefits, and fairness in the face of insolvency or restructuring. Finally, we discuss beneficial ownership reporting requirements for trusts. While active trusts must now disclose detailed ownership information to the Master of the High Court, dormant and deregistered trusts enjoy exemptions—provided they formally declare their status. We highlight compliance obligations and the risks of non-reporting.

In this episode, we dive into the taxation of capital gains in multi-tiered trust structures, focusing on the Constitutional Court's landmark Thistle Trust v SARS case. We explain how the Conduit Principle usually allows income or gains to flow through to beneficiaries, reducing tax liability, but highlight the limits when one trust distributes gains to another. The Court confirmed that only the first beneficiary trust can apply the Conduit Principle, leaving subsequent trusts liable for tax. A must-listen for anyone involved in trust structuring, estate planning, or tax strategy in South Africa.

In this episode, we explore whether a parent can challenge or vary a maintenance order when they are already in arrears. We discuss the duty to support children under the Maintenance Act, the different types of maintenance orders, and the common challenges faced when financial circumstances change. We explain why applications for variation are generally barred if arrears exist, with only limited exceptions. A vital guide for understanding rights, responsibilities, and remedies in South African maintenance law.      

In this episode, we unpack whether a sale in execution can move forward while an appeal is still pending. We explain the general rule of suspension during appeals, the role of the sheriff in executing judgments, and the exceptions provided in both the Superior Courts Act and the Magistrates Courts Act. Listeners will gain clarity on when courts may permit execution to proceed, the importance of proving irreparable harm, and the safeguards such as security requirements. A practical guide for anyone navigating appeals and enforcement of judgments.