Gerhard Human

Attorney in Johannesburg. Privacy law, free speech, and equal treatment, without the orthodoxy.

[Gerhard Human @gerhardhuman]

I'm a Johannesburg attorney working on privacy, free speech, and equal treatment under the law.

[Gerhard Human @gerhardhuman]

@SpeechAfrica Section 20 is unqualified: no citizen may be deprived of citizenship. In DA v Minister of Home Affairs [2025] ZACC 8 the ConCourt held any active removal must be justified under s 36(1), striking down automatic loss under s 6(1)(a). A misinformation ground faces the same test.

[Gerhard Human @gerhardhuman]

@pierredevos Section 22 runs from discovery: notice goes to the Regulator and those affected as soon as reasonably possible, with enough detail for them to protect themselves. SMS is not among the four channels s 22(4) names. Responsible parties should draft that notice before a breach.

[Gerhard Human @gerhardhuman]

@businessXplain This is interim relief pending review; the board's 19 August decision is not yet set aside. The interim judgment's point: a board that fixes no period cannot rely on its own omission to deem an application lapsed. A lapse notice is worth testing before refiling.

[Gerhard Human @gerhardhuman]

@dailymaverick Nako has applied to liquidate PetroSA on an alleged R605.5m acknowledged debt. Open Secrets puts the rehab shortfall at R6.6bn to R7bn. A winding-up application asks whether PetroSA can pay its creditors; it does not settle who funds the rehabilitation.

[Gerhard Human @gerhardhuman]

@Moneyweb The minister consented to an order that no compliance grace period could lawfully be granted, so a pilot is no defence. The factories may still dispute that they fall within the clothing council's jurisdiction. In council compliance disputes, scope is usually the real question.

[Gerhard Human @gerhardhuman]

@Our_DA Nonsense. The intention was there. Execution was lacking. So, good enough. /s

[Gerhard Human @gerhardhuman]

@DailyInvestorSA The paper was one reason. The buyer had to carry the mine's costs, but the invoices ran to the mine. Here, paying them was not expenditure the company actually incurred (s 11(a)), and with nothing owed to it, there was no debt to write off. https://t.co/dLPf6nbWPG

[Gerhard Human @gerhardhuman]

@Moneyweb About 72% can remove a director by ordinary resolution (s 71(1)) after notice and a chance to address the meeting (s 71(2)). Resigning skips that. The gap: a public company needs at least three directors, plus an audit committee of three non-executives.

[Gerhard Human @gerhardhuman]

@BadiMozz @MbalulaFikile Probably a good R5m plus.

[Gerhard Human @gerhardhuman]

@business Aeon may be right on governance. In law the board decides (s 66(1)), and a conflicted director discloses and recuses (s 75(5)); Pepkor says Erasmus did. Unless s 115, the JSE rules or the MOI require one, no Pepkor shareholder vote is needed.

[Gerhard Human @gerhardhuman]

@FloydShivambu Irrational? 👀

[Gerhard Human @gerhardhuman]

@ErnstRoets Hy gebruik seker DeepSeek

[Gerhard Human @gerhardhuman]

@sprezzavsop @jj_jjopperman

[Gerhard Human @gerhardhuman]

@yenziwe_masondo @wendyknowler @tumisole Sorry to hear about the car. Generally, s56 of the Consumer Protection Act lets a buyer return defective goods within six months of delivery and choose repair, replacement or a refund. The Motor Industry Ombudsman handles disputes with dealers.

[Gerhard Human @gerhardhuman]

@businessXplain Delisting is the last step, not the cause. In August 2024 Tongaat's shareholders voted down the equity route that would have left them 2.7% of a recapitalised company. The fallback sells the businesses to Vision, and the practitioners expect nothing for equity.

[Gerhard Human @gerhardhuman]

@BDliveSA Disclosure is the hinge. Under s16(3) of the Competition Act, the Commission seeks revocation of the conditional Premier/RFG merger approval, alleging the contemplated Tulbagh cannery closure was not disclosed. That is an allegation only, and the Tribunal decides it.

[Gerhard Human @gerhardhuman]

@ConCourtSA Leave refused in Grancy [2026] ZACC 40. No-conflict disgorgement needs a proven conflict, and that the parties' interests were aligned was a finding of fact, so jurisdiction was not engaged. For practitioners: prove the conflict at trial, as a fact finding is hard to reopen.

[Gerhard Human @gerhardhuman]

Indians are not classified as "white". Africans, Coloureds, Indians, and (South African) Chinese people are classified as "black people" (see s 1 of the B-BBEE Act 53 of 2003 [as amended by s 1(b) of Act 46 of 2013], s 1 of the Employment Equity Act 55 of 1998, and Chinese Association of South Africa v Minister of Labour [2008] ZAGPHC 174).

[Gerhard Human @gerhardhuman]

@ianosworldwide If it's the Scalabrini ConCourt case, it was decided on 7 July; there is nothing left to join.