Africa: Litigation, Mediation & Arbitration

Mr Carl Francois Conradie (“Mr Conradie”) had been employed from 01 January 1993 until he retired on 31 January 2022. During his employment, he belonged to his employer’s pension fund, and monthly contributions were deducted from his salary. In August 2013, Mr Conradie transferred from his employer’s pension fund to join Fundsatwork Umbrella Pension Fund (the fund”).

When SARS disallows or only partially allows your tax objection, you have the right to appeal. Understanding the procedural requirements, strict deadlines, and available dispute resolution options can make the difference between a successful appeal and losing your right to challenge the assessment altogether.

East Africa's infrastructure and development sectors face a critical capital shortage that foreign lenders could address—but only if the legal framework supports cross-border lending. Recent court decisions in Kenya and Uganda have grappled with a fundamental question: can local borrowers defeat foreign lenders' claims by pointing to registration failures? This analysis examines how both jurisdictions navigated this issue, the contrasting speeds of their legal corrections, and what these developments

Road transportation remains the predominant means of movement for individuals and goods in Nigeria, and one feature that has remained constant in Nigeria's transportation landscape is the steady increase in the number of motor vehicles using public roads. In densely populated commercial centres such as Lagos, thousands of private motorists, commercial transport operators, heavy-duty vehicles, motorcycles, tricycles and pedestrians interact daily within an increasingly congested road network. The inevitable consequence is the frequent occurrence of road traffic accidents resulting in death, bodily injury and substantial property damage.

A South African court held a landlord liable for severe injuries sustained by a minor child when a heavy sliding gate toppled onto him at rented premises. The judgment examined whether the landlord breached his duty to maintain reasonably safe premises and whether the absence of adequate safety mechanisms constituted negligence, with significant implications for property owner liability insurance.

The Gauteng High Court examined whether a non-patrimonial damages claim against the National Director of Public Prosecutions could survive the claimant's death when the NDPP was joined to proceedings...

The emergence of generative artificial intelligence in arbitration raises fundamental questions about the legitimacy of arbitral awards when AI assists in decision-making. Two landmark cases examine whether extensive AI reliance by arbitrators constitutes impermissible delegation of their adjudicative function, and whether existing legal frameworks can adequately address these novel challenges.

A High Court judgment has reinforced the protection of litigation privilege for expert reports commissioned by insurers during pending litigation. When a loss adjuster's preliminary report was requested for disclosure, the court examined whether it qualified for privilege protection and what implications this holds for the insurance industry's handling of expert assessments in claims disputes.

The Gauteng High Court's judgment in TMM Holdings v Skycastle Securities examines when litigation privilege protects documents from disclosure, specifically addressing whether insurance claim forms and investigative reports created for multiple purposes qualify for privilege. The court applied the dominant purpose test to determine if documents prepared simultaneously for insurance claims, internal investigations, and potential litigation must be disclosed in discovery proceedings.

When SARS disallows or only partially allows your tax objection, you have the right to appeal. Understanding the procedural requirements, strict deadlines, and available dispute resolution options can make the difference between a successful appeal and losing your right to challenge the assessment altogether.

The Supreme Court's decision in 11 PLC v. Milan Industries Ltd raises critical questions about the constitutional validity of statutory ouster clauses that restrict judicial remedies. While upholding AMCON's powers to enforce mortgage securities and sell collateralized assets, the court controversially held that Section 34(6) of the AMCON Act validly ousts courts' jurisdiction to grant restorative reliefs, limiting aggrieved parties to monetary compensation only. This interpretation conflicts with constitut

Litigation in Nigeria is very expensive, and a party with a substantial and valid claim may be discouraged from enforcing the claim due to the expensive nature of litigation and the time spent in court. It is for this reason that a party may consider Third Party Funding (TPF). TPF of litigation is a means for financially incapacitated parties to have the financial support of a third party to finance a court proceeding for enforcement of their rights or claims.