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Article
NCA: A Court Cannot Authorise A Debtor's Obligations To Remain Permanently Unsatisfied
The court held that any such order is ultra vires the NCA, and is therefore null and void.
South AfricaLitigation, Mediation & Arbitration
ENS
Article
No Plea, No Play: A Hard Lesson In Summary Judgment
In a summary judgment application, there's no room for improvisation. The court is not there to hear your side of the story - it's there to see your proof.
South AfricaLitigation, Mediation & Arbitration
ENS

Article

Regulatory Matters: Policing The Regulators: Judicial Oversight Of Disciplinary Decisions

The judgment of the Free State Division of the High Court, delivered on 19 March 2026, serves as a compelling reminder that the decisions of professional regulatory bodies are not beyond scrutiny. The case concerned a Rule 53 review application brought by the applicant, a qualified accountant and Associate General Accountant member of the South African Institute of Chartered Accountants (“SAICA”), against the decision of SAICA's Professional Conduct Committee (“PCC”).

South AfricaLitigation, Mediation & Arbitration

Adams & Adams

Road Accident Fund Lawyer: When Do I Need One?

It is not mandatory for an individual to appoint a road accident fund lawyer, however, it is advisable to seek out the guidance of one.

South AfricaLitigation, Mediation & Arbitration

SCA Issues Stern Warning To Attorneys Regarding Trust Deeds For RAF Plaintiffs - Snyman v De Kooker N.O. & Others

The Supreme Court of Appeal ("SCA") has issued a stern warning to attorneys who set up a trust for the benefit of a plaintiff who receives damages from the Road Accident Fund...

South AfricaLitigation, Mediation & Arbitration

Show Me The Money!

The current financial climate has contributed to significant growth to most creditor's debtor books. Considering same, most credit providers who are unfamiliar with this position...

South AfricaLitigation, Mediation & Arbitration

SchoemanLaw Inc.

South African Supreme Court Of Appeal Weighs In On Facebook Posts

The legal consequences of posting certain content on social media websites has landed many individuals in hot water in recent years.

South AfricaLitigation, Mediation & Arbitration

Supreme Court Of Appeal Clarifies When Forfeiture Proceedings Are Truly "Pending" Before The High Court

The Prevention of Organised Crime Act 121 of 1998 ("POCA") was enacted to tackle organised crime and cases of serious wrongdoing by individuals.

South AfricaLitigation, Mediation & Arbitration

Technical Defences Relied Upon By The Enoch Mgijima Local Municipality Rejected By South African High Court

In a recent judgment delivered by the Makhanda High Court, the court addressed two separate applications instituted against the Enoch Mgijima Local Municipality.

South AfricaLitigation, Mediation & Arbitration

The Consequences Of Municipalities Letting Electricity Amounts Accumulate

In the case of Robarts Flagship Trust v Drakenstein Municipality, the Western Cape Division of the High Court, Cape Town, found that a municipality cannot ignore accruing electricity costs...

South AfricaLitigation, Mediation & Arbitration

The Manner In Which A Decision Is Taken To The SCA For Reconsideration And Variation

Section 17(2)(f) of the South African Superior Courts Act, 2013 ("the Act") deals with reconsiderations and variations of the Supreme Court of Appeal ("SCA").

South AfricaLitigation, Mediation & Arbitration

The Remedy Against Taking The Law Into Your Own Hands

The merits of the plaintiff's right to possession and the defendant's entitlement to reclaim possession are immaterial. Even a thief's possession will be protected if it was peaceful and undisturbed.

South AfricaLitigation, Mediation & Arbitration

The SCA Provides Guidance On Interpretation Of Contracts And Vis Major

In Kooij v Middleground Trading 251 CC ("Kooij"), the Supreme Court of Appeal ("SCA") held that a compliance notice issued by the Department of Environmental Affairs ("DEA"), that required Middleground Trading 251 CC...

South AfricaLitigation, Mediation & Arbitration

The South African Lens: Evolution And Efficacy Of Court-Annexed Mediation Programs In The United States

In a previous article, we discussed a recent move to implement mandatory mediation in South Africa's Gauteng High Courts, which is aligned with a broader international trend toward modernising civil justice.

South AfricaLitigation, Mediation & Arbitration

Herbert Smith Freehills Kramer LLP

What Constitutes An "Excusable Mistake" In Unjustified Enrichment Claims?

In the case of Mhlari NO and Others v Nedbank Limited, the Supreme Court of Appeal ("the SCA") clarified the circumstances that constitute an "excusable mistake"...

South AfricaLitigation, Mediation & Arbitration

Lodgment Of Appeals To The Revenue Appeals Tribunal Eswatini ("RATE")

As part of the new changes, a new body the Tax Appeals Tribunal of Eswatini (RATE) has been created, it is now operational and receiving cases effective 15 November 2022.

South AfricaTax

SNG Grant Thornton

As An Organ Of State, PRASA, Has An Obligation To Protect Passengers' Bodily Integrity

Metrorail is the largest operator of commuter rail services in South Africa, with millions of individuals commuting every day.

South AfricaTransport

Raising A Rule 6(5)(d)(iii) Notice Before The Rule 53 Record: An Irregular Step Or A Competent Election?

A Constitutional Court decision has clarified a critical procedural question in South African administrative law: whether respondents can raise dispositive legal objections before producing the Rule 53 record in review proceedings. The ruling addresses the tension between an applicant's right to supplement their case after receiving the administrative record and a respondent's ability to challenge the review on purely legal grounds at an early stage.

South AfricaLitigation, Mediation & Arbitration

Yannick Noah – In, Rather Than On, Court

In the early 1980s, Yannick Noah was one of the best male tennis players in the world. The cool, charismatic Frenchman won one Grand Slam, the 1983 French Open, and he captained both...

GlobalIntellectual Property

Passing-Off In South Africa: Protecting Trade Reputation In Competitive Markets

Businesses strive to stand out and build consumer trust. However, when one party attempts to trade on the reputation of another, passing-off provides a powerful common law remedy.

South AfricaConsumer Protection

Showing 361–380 of 638 results

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