Laura Macfarlane

Director
Norton Rose Fulbright South Africa Inc

Cape Town T:+27 21 405 1323

Laura Macfarlane

Laura is a constitutional, employment, and investigations law specialist based in Cape Town.

Laura co-leads the Impact Litigation team, a constitutional law specialist unit which specialises in litigating on the country's Bill of Rights to achieve legal reform by holding the State, and other role players, accountable to the country's Constitution. She has considerable experience in litigating before the Constitutional Court, the Supreme Court of Appeal, the High Court, and other specialist tribunals.

In the employment law sphere, Laura is involved in litigating in the CCMA, Bargaining Councils, Labour Court, Labour Appeal Court and the Financial Services Tribunal where she represents clients in a variety of disputes including those related to unfair dismissals, unfair labour practices, pension funds, and interpretation of collective agreements. She provides general employment and labour law advice to our clients, including opinion work, research and drafting of contracts.

Laura is a member of the Regulatory, Compliance and Investigations team and has experience in leading investigations concerning alleged corruption within State entities as well as in private sphere. Laura also has experience in advising corporate clients on human rights related risks and obligations.

Professional experience

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Representative experience

Attorney for the Commission for Gender Equality in Van Wyk and Others v Minister of Employment and Labour 2024 (1) SA 545 (GJ) where client successfully had sections of the Basic Conditions of Employment Act, 1997 and Unemployment Insurance Fund Act, 2001 declared unconstitutional by reason of inconsistency with the right to equality and dignity. Once confirmed by the Constitutional Court this will result in more equitable parental leave and benefits for fathers, adoptive parents and commissioning parents, and will mitigate gender inequity in the workplace.
Attorney for the Scalabrini Centre of Cape Town in Constitutional Court matter in which sections of the Refugees Act, 1998 were successfully declared unconstitutional and struck out. Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (CCT 51/23) [2023] ZACC 45.
Attorney for the Commission for Gender Equality in Constitutional Court matter in which sections of the Compensation for Occupational Injuries and Diseases Act, 1993 were declared unconstitutional resulting in the inclusion of domestic workers in the national workers compensation scheme. Mahlangu and Another v Minister of Labour and Others 2021 (2) SA 54 (CC).
Attorney for Compelling the Scalabrini Centre of Cape Town where we successfully compelled the State to include asylum seekers in their emergency COVID-19 social relief programme. Scalabrini Centre of Cape Town and Another v Minister of Social Development and Others 2021 (1) SA 553 (GP).
Attorney for Gun Free SA in matter in which resulted in the removal of the legal obstacles preventing police from recovering illegal and unlicensed firearms. National Commissioner of Police and Another v Gun Owners of South Africa 2021 (1) SACR 44 (SCA).
Attorney for OUTA in Constitutional Court matter where the Electoral Act, 1998 was declared unconstitutional to the extent that it failed to permit independent candidates to run for office in the National Assembly and Provincial Legislature without doing so through a political party for the first time in the country’s history. New Nation Movement NPC and Others v President of the Republic of South Africa and Others 2020 (6) SA 257 (CC).
Attorney for the Commission for Gender Equality in Constitutional Court matter which successfully clarified the principle of common purpose as it applies to convictions of rape in order to ensure effective prosecution of gang rape. Tshabalala v S; Ntuli v S 2020 (5) SA 1 (CC).
Attorney for the District Six community in matter where we were successful in accelerating long overdue housing restitution programme for the community which was forcibly removed from their land in the 1960s under the Apartheid government. District Six Committee and Others v Minister of Rural Development & Land Reform and Others 2019 (5) SA 164 (LCC).