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  • Article

    Teacher – Pupil Relationship: What Are The Legal Parameters

    The teacher – pupil relationship is not a topic that is adequately explored and discussed amongst the relevant stakeholders, given the events of recent years.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Legal Duty Of Care Owed By Taverns To Customers

    Most taverns are notoriously known for their unsafety and violent activities. Serious assaults, bar fights, and sometimes deaths are not necessarily unheard of in taverns. Most societies have come...
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Subpoenas – During CCMA And Bargaining Council Procedures

    Many employees are unaware that similar to criminal or civil courts proceedings, the CCMA or Bargaining Council is allowed to compel witnesses to present themselves to testify or provide information.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Let Us Talk About The Provisional Sentence Summons

    The South African civil litigation process forms two main branches: application and action proceedings.
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Beware Of The Long Time Child Maintenance Debts Take To Prescribe!

    Child maintenance is a critical solution in law, it allows for the most basic care for the most helpless in society, our children.
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Can A Civil Action Be Dismissed For An Inordinate Delay In Prosecuting The Matter?

    The concept of superannuation refers to when an action is dismissed as a result of an inordinate delay in prosecuting the matter. Superannuation is a remedy developed by the common law and...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Civil Litigation – An Overview

    Litigation is the process of taking a legal dispute to court. Civil litigation is ordinarily between two or more parties and is conducted in a public forum.
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Premature Summary Judgment Application: When A ‘plea’ Does Not Constitute A Valid Plea

    The Western Cape High Court examined whether an informal email could satisfy the technical requirements of a formal plea under Rule 22 of the Uniform Rules of Court...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Rescission Refused: Negligence Is Not Good Cause Under Rule 42(1)(a) Or The Common Law

    The Supreme Court of Appeal examines whether a pension fund can successfully rescind a default judgment when its absence from proceedings resulted from internal administrative failures. The case explores the boundaries between procedural error and voluntary default, testing whether gross negligence in responding to legal process can be excused by the strength of a potential defence.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Civil Law Update Seminar 2026

    Discussions at the Civil Law Update Seminar held on 22 May 2026, hosted by the Pretoria Attorneys Association, provided important insight into the continued implementation of the Gauteng Division’s mandatory...
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Civil Law Update Seminar 2026 - Key Developments Affecting Civil Litigation In Gauteng

    Discussions at the Civil Law Update Seminar held on 22 May 2026, hosted by the Pretoria Attorneys Association, provided important insight into the continued implementation of the Gauteng Division’s mandatory mediation framework and court operations affecting civil litigation in the division.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Rethinking Oath Certification: Introducing Electronic Commissioning

    The Department of Justice and Constitutional Development has published draft Regulations introducing formal provisions for electronic commissioning of affidavits in South Africa. This legislative modernisation proposes to allow commissioners to administer oaths remotely through audio-visual communication, fundamentally changing the traditional requirement for physical presence while maintaining essential safeguards.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Consequence Of Judicial Interference In Civil Trials

    Webber Wentzel recently successfully appealed a matter in which the trial took a very active role in the trial.
    South AfricaLitigation, Mediation & Arbitration
    Webber Wentzel
    Webber Wentzel
  • Article

    Academic Exclusion And Urgent Court Relief

    When a student urgently asks a court to let them continue attending classes while challenging an academic exclusion, the legal question is not simply whether the consequences for the student are serious.
    South AfricaLitigation, Mediation & Arbitration
    Fairbridges
    Fairbridges
  • Article

    Johannesburg High Court Case Flow Times (July 2026)

    The Johannesburg High Court has published lead times for setting matters down for hearing, revealing significant delays across various case types. With opposed applications facing 18-week waits and long-duration trials not being heard until 2028, the bulletin raises questions about court capacity and potential solutions to address mounting backlogs.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Dog-Bite Liability – And Trespassing Boundaries – Actio De Pauperie

    When a neighbour's watchdog bites someone who repeatedly puts their head over a boundary wall despite warnings, does the dog owner face strict liability? This South African case examines the actio de pauperie remedy and explores when an injured party's own conduct can defeat a claim, offering critical insights for insurers assessing dog-bite liability claims.
    South AfricaInsurance
    Adams & Adams
    Adams & Adams
  • Article

    Pretoria High Court Declares B-BBEE And Race-based Licensing Requirements By The International Air Services Council Unlawful

    A South African court has ruled that the International Air Services Council cannot impose race-based B-BBEE requirements on airlines applying for international route licenses.
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Article

    Government-Authorised Emissions Remain “Pollution” For Purposes Of CGL Policy Pollution Exclusions: The Illinois Supreme Court Confirms Regulatory Compliance Does Not Displace Exclusionary Language

    The Illinois Supreme Court has resolved a critical question about the scope of pollution exclusions in commercial general liability insurance policies. When a facility operates under a government-issued permit authorising emissions, does that regulatory approval affect whether a pollution exclusion applies to claims arising from those emissions? The Court's decision clarifies the relationship between regulatory compliance and insurance coverage for environmental harm.
    South AfricaInsurance
    Adams & Adams
    Adams & Adams
  • Article

    Litigants In Johannesburg High Court Could Face 4 ½ Year Wait For Civil Trials

    The Deputy Judge President ("DJP") of the Johannesburg High Court should again be commended for transparency in publishing a bulletin on 26 July 2024 of lead times for the set down of matters for hearing.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Unlawful Competition And Confidential Information

    ENSafrica has successfully represented one of its clients in an unusual unlawful competition case, one involving the misappropriation of confidential information.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS

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