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  • Article

    In Search Of Clarity: Navigating The New Terrain Of Appeals In South Africa

    Recent developments in South Africa's legal landscape have led to confusion surrounding the grounds for appeals to the Supreme Court of Appeal ("SCA").
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Can A Contracting Party Derive Benefit From An Unlawful Contract?

    In The Special Investigating Unit v Phomella Property Investments Ltd and Another, the Supreme Court of Appeal dismissed with costs an appeal from a judgment of the Gauteng Division...
    South AfricaReal Estate and Construction
    ENS
    ENS
Article

Finality, Fraud, And The Future Of South Africa As An Arbitration Seat: Lessons From Kingdom Of Lesotho v Frazer Solar GmbH

The judgment brings welcome clarity to South Africa’s International Arbitration Act and its interaction with the Constitution, reflecting a purposeful alignment with established pro arbitration jurisdictions worldwide.
South AfricaLitigation, Mediation & Arbitration
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
  • Article

    Changes To Court Rules And Directives

    On 3 June 2022, changes to the Magistrate's Court, High Court and the Supreme Court of Appeal rules were published in the Government Gazette.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Lay Of The Land

    The legislative landscape of the national policy on land is currently undergoing significant changes which are aimed at fast-tracking land reform and land redistribution.
    South AfricaReal Estate and Construction
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Landmark Ruling For Private Bodies Under PAIA: Information Regulator's Enforcement Notice Against Mining House

    South Africa's Information Regulator has issued a landmark enforcement notice against mining company Sibanye-Stillwater, directing disclosure of Social and Labour Plan compliance reports under the Promotion of Access to Information Act.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Security For Costs In Full Court Appeals: A Practitioner’s Guide After Koopman V Minister Of Police

    Practitioners appearing in full court appeals have long worked on the assumption that Rule 49(13) of the Uniform Rules applies whenever an appeal is directed to the full court of a division of the High Court - regardless of who granted leave. That assumption has now been tested and found wanting. In Koopman v Minister of Police (963/2022) [2026] ZASCA 45 (7 April 2026), the Supreme Court of Appeal held that Rule 49(13) of the Uniform Rules does not apply where it is the SCA, rather than a High Court judge, that grants leave to appeal to the full court.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Accessing Information Reported, Obtained Or Generated By The Financial Intelligence Centre

    In Ndudane and Others v Financial Intelligence Centre, the Western Cape High Court, sitting as the Equality Court, dealt with an opposed interlocutory application for access to information...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    City Of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd And Another (CCT 37/11) [2011] ZACC 33 (1 December 2011): A Practitioner’s Note

    On 1 December 2011 the Constitutional Court (the Court) handed down judgment in City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties39 (Pty) Ltd and Another ("Blue Moonlight").
    South AfricaGovernment, Public Sector
    Bell Dewar
    Bell Dewar
  • Article

    Refusing Information In Terms Of The Promotion Of Access To Information Act No. 2 Of 2000: Earthlife Africa (Cape Town Branch) v Eskom Holdings Limited (unreported WLD Case No. 04/27514)

    The Promotion of Access to Information Act No. 2 of 2000 ("the Information Act") has already received much attention from our courts. In a recent unreported judgment in the Witwatersrand Local Division, further principles concerning the manner in which information may be requested and refused were elucidated by the court.
    South AfricaLitigation, Mediation & Arbitration
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Amendments To The Magistrates And High Court Rules To Come Into Effect On 12 April 2024

    The Rules Board for Courts of Law, approved by the Department of Justice and Constitutional Development, issued amendments to the rules regulating the conduct of the proceedings...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Protection Of Personal Information Bill: Showing Me, Showing You

    There has been much in the media of late concerning the seditiously entitled "Secrecy Act" (more properly known as the Protection of State Information Act) and the impact that this legislation will have on the availability of certain information currently in the hands of Government.
    South AfricaPrivacy
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Be Aware Of The Legal Risks Of Joining The ‘Great Green Gold Rush'

    ‘Dabbling in weed could be good for democracy', ‘Western Cape has high hopes for marijuana market', ‘The great green gold rush', ‘The dagga business is booming already...
    South AfricaCannabis & Hemp
    Bowmans
    Bowmans
  • Article

    NHI Litigation Inevitable - Here Is What You Need To Know About The National Health Insurance Act

    The NHI, in its bill form, has been controversial since its introduction and has attracted significant critique from various stakeholders.
    South AfricaFood, Drugs, Healthcare, Life Sciences
    Adams & Adams
    Adams & Adams
  • Article

    ENSafrica ESG Webinar Series: Managing Reputational Risk – The Right To Terminate A Customer Relationship For ESG Reasons

    Prior to the introduction of section 9 of the Conduct Standard for Banks in July 2021, absent a clause to the contrary in the agreement between the bank and its client...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Relevance Of The Corporate Laws Amendment Act

    The notes below provide a summary of the amendments to the Companies Act 1973 introduced by this new Act insofar as they are relevant to the functioning of the Audit Committee of “Widely Held Companies” (i.e. public companies) and of related issues.
    South AfricaCorporate/Commercial Law
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    Kenya's Huduma Namba: Ambition Fraught With Risk

    Digital identity programs in jurisdictions with weak privacy regulations face the risk of commodification, breach and misuse.
    South AfricaPrivacy
    Ikigai Law
    Ikigai Law
  • Article

    Looking Beyond The Headline: The Absa GAAR Judgment Explained | Absa Bank Limited And Another V Commissioner For The South African Revenue Service

    This comprehensive legal briefing examines critical developments across African jurisdictions, from constitutional interpretation in Ghana and AI policy governance in South Africa...
    South AfricaTax
    ENS
    ENS
  • Article

    Appeal Board Decision – Plant Breeders' Rights Act

    The appeal is upheld and the decision of the Registrar of Plant Breeders' Rights, conveyed on 17 February 2020, instructing the appellant to alter the SUN KISS denomination within 60 days, is set aside.
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    A New Era For Whistleblowers: Assessing The Changes

    South Africa's Draft Protected Disclosures Bill, 2026 proposes to replace the current whistleblower protection framework with a more comprehensive regime that extends protection beyond employees, mandates formal internal procedures, and introduces stricter confidentiality controls and retaliation consequences.
    South AfricaEmployment and HR
    SNG Grant Thornton
    SNG Grant Thornton
  • Showing 241–260 of 262 results

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