ArticleAs An Organ Of State, PRASA, Has An Obligation To Protect Passengers' Bodily IntegrityMetrorail is the largest operator of commuter rail services in South Africa, with millions of individuals commuting every day. South AfricaTransportAdams & Adams
ArticleHigh Court Sets Aside B-BBEE Commission's Adverse Findings: Is It Time To Rethink Your Owner-driver Scheme?A recent South African High Court decision sets aside a Broad-Based Economic Empowerment ("B-BBEE") Commission finding of fronting against Cargo Carriers (Pty) Ltd relating to its owner-driver initiative ("ODI")/scheme.South AfricaCorporate/Commercial LawENS
ArticleAmendments To The Lockdown Regulations: Take-Home Points For EmployersOn 16 April 2020, the Minister of Cooperative Governance and Traditional Affairs issued a notice which amended several material aspects of the lockdown regulations issued in terms of section 27(2) of the Disaster Management Act, 2002.South AfricaEmployment and HRENS
ArticleSettlement Agreements: Can Courts Unilaterally Alter Their Terms?In the judgment handed down on 25 April 2024, Mafisa v Road Accident Fund and Another, the Constitutional Court dealt with an application for leave to appeal...South AfricaLitigation, Mediation & ArbitrationENS
ArticleThe Continuing Surge Of Piracy In South East AsiaThe surge of piracy in South-East Asia waters continues as ships passing the Straits of Malacca and Singapore are falling victim to acts of piracy.GlobalTransportClyde & Co
ArticleA Simple Guide To Understanding IncotermsThe ICC have published a series of predefined commercial terms which are used for, and which are aimed at, assisting transacting parties to unambiguously and efficiently communicate some of the terms applicable ...South AfricaTransportTabacks
ArticleALINA II – South Africa’s Robust Approach To ArrestsThe Alina II judgment handed down by the Western Cape High Court under case number AC47/2010 in January 2013 is important as it highlights the robust approach taken by our courts with regard to evidence of ownership when it comes to arrests.South AfricaTransportVan Velden Pike Inc
ArticleCan Ownership Of An Article Be Transferred By Constitutum Possessorium If The Seller Is Not In Possession Of The Article?A recent judgment from the High Court in Johannesburg explores whether ownership of an object may pass to another by virtue of the principle of constitutum possessorium...South AfricaTransportENS
ArticleInfrastructure: Africa's Economic CatalystInfrastructure development plays a pivotal role in driving economic growth and improving living standards in developing countries, particularly in Africa. From transportation networks to energy...South AfricaTransportAndersen in South Africa
ArticleRecent Significant Admiralty Court JudgmentsThe Supreme Court of Appeal clarifies the approach to making out a prima facie case in security arrest proceedingsSouth AfricaTransportENS
ArticleWatch This Space: South Africa's Space Exploration Industry Primed For Lift-OffCompanies the world over have their sights set not on the skies but beyond them. Commercial activities in space are on the rise, ranging from spacecraft launching activities to space mining and ...South AfricaTransportENS
ArticleCan A Vessel That Has Been Arrested In An Action In Rem Be Attached In An Action In Personam As Security For The Full Value Of The Claim?The decision whether to proceed by way of an arrest with an action in rem or by way of an attachment with an action in personam is often a difficult one. South AfricaTransportENS
ArticleThe Economic Regulation Of Transport ActOn 6 June 2024, the President of the Republic of South Africa signed the Economic Regulation of Transport Act, 2024 ("ERT Act ") into law.South AfricaTransportHerbert Smith Freehills Kramer LLP
ArticleThe Necessity To Prove Factual Causal Link Between Wrongful And Culpable Conduct On The One Hand, And Loss Suffered On The OtherThe gap between the Court Aquo's decision v the SCA decision on Kenneth Paul Els V The Memorable Order of Tin Hats v Kenneth Paul Els (M.O.T.H.) (241/2017) (2019) ZAGPJHC 77 (7 March 2019).South AfricaLitigation, Mediation & ArbitrationBarnard Inc.
ArticlePorts, Transport And Logistics Sector News Round-Up, 3/2021 (8 – 19 February 2021)In light of the rapid pace of infrastructure and transport developments across Africa, our Ports, Transport and Logistics (PTL) Sector Group is pleased to present Bowmans' latest PTL news round-up. South AfricaTransportBowmans
ArticleRoad Accident Claims | A Big Win For Cohabiting PartnersIt is trite law that upon the death of the breadwinner, the spouse can claim for loss of support from the Road Accident Fund (RAF). South AfricaTransportAdams & Adams
ArticleOn Track For Success - Reasons To Be Positive About The Roads Sector In AfricaInternational corridors are critical in allowing landlocked countries easier access to ports and trading partners. Domestic corridors are needed between major cities and to connect agricultural and mining areas.GlobalTransportGowling WLG
ArticleNew Maritime Policy Approved To Develop The Maritime Transport SectorOn 12 June 2017, the South African Minister of Transport gave notice that Cabinet had approved the Comprehensive Maritime Transport Policy, 2017 ("CMTP"). South AfricaTransportENS
ArticlePulled Over Is One Thing. Locked Up Is Another.A recent Western Cape High Court judgment has drawn an important line between enforcing road traffic laws and unlawfully depriving someone of their freedom.South AfricaTransportBarnard Inc.
ArticleTo Land Or Not To LandOwners of licensed airfields have an onerous obligation to ensure that services provided to pilots are adequate, safe and reliable. There is little room for error. There is a general statutory and common law duty to maintain an airfield in a proper manner and to warn pilots of problems that may endanger safe operation to and from the airfield.South AfricaTransportNorton Rose Fulbright South Africa