Updated Directions Issued For Access To Justice Under Level 3

When facing a legal matter, one of the biggest concerns for many South Africans is the cost of hiring a lawyer. Legal fees can be expensive, especially in personal injury or medical negligence cases. This is where contingency fee agreements come into play.

A South African High Court case examines whether sustained defiance of a court interdict—including broken locks, torn orders, burning tyres, and a false alibi—constitutes contempt of court beyond reasonable doubt. The judgment addresses the four requirements for contempt and the consequences of brazen disregard for judicial authority.

A significant jurisdictional change has taken effect in South Africa's Gauteng Division of the High Court, ending the concurrent jurisdiction between Johannesburg and Pretoria seats that existed since 2018. Each seat now has defined geographical boundaries based on magisterial districts, requiring practitioners to carefully determine proper jurisdiction when instituting proceedings.

If you have ever sued someone or been sued, you will no doubt have asked your attorney, "How do I know that they won't destroy the evidence that is vital to me proving my case?".

A South African Labour Court has stayed disciplinary proceedings after discovering that the chairperson's ruling relied on AI-generated, fictitious case citations. The judgment examines whether blind reliance on artificial intelligence tools constitutes a failure to apply independent legal reasoning, and what consequences flow from submitting fabricated authorities to courts and tribunals.

In South African law, general damages refer to compensation awarded to a person for non-patrimonial loss—that is, losses that cannot be calculated in exact monetary terms.

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.

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.

International Arbitration Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries

A recent Gauteng High Court judgment confirms that mandatory court-annexed mediation cannot be avoided simply because parties are hostile toward each other or believe the process will be futile. The court ordered an uncooperative defendant to participate in mediation, establishing that only exceptional circumstances will excuse parties from the process introduced by the Directive and Protocol.