South Africa: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

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 Africa Litigation

AA

Adams & Adams

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 Africa Litigation

FW

Fairbridges

Supreme Court Of Appeal Confirms The Exclusive Jurisdiction Of The Labour Court To Determine Disputes Concerning The Interpretation And Application Of The Mine Health And Safety Act, 29 Of 1996

In the case of TC Smelters (Pty) Ltd and Another v The Minister Department of Mineral Resources and Energy and Others (910/2024) [2026] ZASCA 40 (27 March 2026), the Supreme Court of Appeal ("SCA")...

South Africa Litigation

E

ENS

Amendment Of Pleadings And Prescription: When Changing Your Legal Basis Comes Too Late

A recent judgment of the Mahikeng High Court serves as a stark reminder that a change in the legal foundation of a claim — from contract to delict — is not merely a technical adjustment.

South Africa Litigation

AA

Adams & Adams

Compulsory Mediation In The Gauteng Division: A 10-month Implementation Review

South Africa Litigation

AA

Adams & Adams

Long Service Is Not An Absolute Shield Against Gross Negligence

South Africa Litigation

FW

Fairbridges

Can A Suspended Attorney Who Is A Director Of An Incorporated Company Represent The Company As A Legal Practitioner In Proceedings Before Court?

South Africa Litigation

E

ENS

When Is Emotional Distress Sufficient To Ground A Claim For Damages?

South Africa Litigation

AA

Adams & Adams

Timing Is Everything: South African High Court Cautions Against Weaponising Procedural Rules After Years Of Silence

South Africa Litigation

E

ENS

"Positive" For Seven Years: The Human Cost Of An HIV Misdiagnosis

South Africa Litigation

AA

Adams & Adams

Compulsory Mediation In The Gauteng Division: A 10-month Implementation Review

South Africa Litigation

AA

Adams & Adams

Can A Professional Evade Accountability By Cancelling Their Registration?

South Africa Litigation

AA

Adams & Adams

When "Served" Isn't Served

South Africa Litigation

FW

Fairbridges

Corporate Reputation Vindicated: High Court Grants Final Interdict Against Defamatory Social Media Campaign

South Africa Litigation

E

ENS

IoT And Wearables: Managing Risk In A Connected Future

South Africa Privacy

E

ENS

South Africa Signals Strong Momentum Toward ISSB Adoption, But Is Corporate South Africa Ready?

South Africa Commercial

SG

SNG Grant Thornton

Extending Boundaries: Adjustments To South African Exchange Control Limits And Powers

South Africa Tax

E

ENS

COFI Heads To Parliament: A New Era For Financial Conduct Regulation

South Africa Finance

E

ENS

Energy: Security, Transition And Powering Infrastructure

Worldwide Energy

KL

Herbert Smith Freehills Kramer LLP

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Disclosure & Electronic Discovery & Privilege

Video Evidence Seals The Deal: High Court Enforces Suretyships

In a recent judgment delivered by the Gauteng Division of the High Court, the Plaintiff, a major financial institution, sought a monetary judgment against the Defendants...

South Africa Litigation

AA

Adams & Adams

Balancing Disclosure In South African Courts: Rule 53; Rule 35; And Judicial Discretion

In South African law, the disclosure of documents is regulated by two distinct provisions: Rule 53 and Rule 35 of the Uniform Rules of Court.

South Africa Litigation

FW

Fairbridges

Uncover The Truth With EDiscovery: Safeguarding Your Organisation From Internal Fraud Beyond Litigation

eDiscovery refers to the role of teams that specialise in providing support to various internal corporate functions, particularly legal, risk and compliance, to manage evidentiary obligations...

South Africa Litigation

E

ENS

Pre-Litigation Discovery

South Africa Litigation

F

Fasken

South Africa Legal Privilege Meets Journalistic Freedom Of Expression

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

e-Discovery And What It Means For Legal Practitioners In SA

South Africa Litigation

SI

SchoemanLaw Inc.

Anton Piller Orders: Preserving Evidence On An Urgent Basis

South Africa Litigation

Tf

Tabacks

International Arbitration Comparative Guide

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

Discovery – Who Calls The Shots

South Africa Litigation

Vd

Vasco de Oliveira Inc.

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Arbitration & Dispute Resolution

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 Africa Litigation

AA

Adams & Adams

New Rules For The Pension Funds Adjudicator: What You Need To Know

The Ombud Council published the Ombud Council Rules for the Pension Funds Adjudicator, 2026 (the "Rules")...

South Africa Finance

E

ENS

Compulsory Mediation In The Gauteng Division: A 10-month Implementation Review

Ten months have passed since the Judge President of the Gauteng Division of the High Court introduced a directive making mediation compulsory before the allocation and retention of civil trial dates.

South Africa Litigation

AA

Adams & Adams

Long Service Is Not An Absolute Shield Against Gross Negligence

South Africa Litigation

FW

Fairbridges

Timing Is Everything: South African High Court Cautions Against Weaponising Procedural Rules After Years Of Silence

South Africa Litigation

E

ENS

Compulsory Mediation In The Gauteng Division: A 10-month Implementation Review

South Africa Litigation

AA

Adams & Adams

Corporate Reputation Vindicated: High Court Grants Final Interdict Against Defamatory Social Media Campaign

South Africa Litigation

E

ENS

Food And Product Recalls: The Legal Framework, Recent Cases And Improved Methods For Addressing Related Issues

South Africa Healthcare

E

ENS

The Challenge Of Setting Aside A Small Claims Court Judgment

South Africa Litigation

E

ENS

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Court Procedure

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 Africa Litigation

FW

Fairbridges

The Challenge Of Setting Aside A Small Claims Court Judgment

In Magill v Ma Ipser and Widevision Travel, the Western Cape High Court ("HC") handed down judgment in an opposed review application in terms of section 46...

South Africa Litigation

E

ENS

Subpoenaed Under Section 417 – What Are Your Rights And Obligations?

Being subpoenaed to appear at a Section 417 enquiry can feel daunting, especially if you're unfamiliar with the process.

South Africa Government

BI

Barnard Inc.

What Litigators Do All Day

South Africa Litigation

BI

Barnard Inc.

The Admissibility Of Video Evidence In Motion Proceedings

South Africa Litigation

E

ENS

Changes To The Enrolment Procedure And Related Aspects Of The Opposed Motion Court In Johannesburg

South Africa Litigation

E

ENS

Joinder Of Third Party In Slip And Fall Case: A Legal Analysis

South Africa Litigation

AA

Adams & Adams

Application To Strike Out, Struck Out!

South Africa Litigation

FW

Fairbridges

Wescoal Judgment On Post-Commencement Creditors – How The Appeal Proceedings Affect Its Enforceability.

South Africa Litigation

BI

Barnard Inc.

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Trials & Appeals & Compensation

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 Africa Litigation

AA

Adams & Adams

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 Africa Litigation

FW

Fairbridges

Lessons From Court: A Practical Guide For Private Bodies Responding To PAIA Requests

Private bodies - such as hospitals, medical practices, banks and everyday employers - regularly receive requests for access to information under the Promotion of Access to Information Act 2 of 2000 ("PAIA"). Many recipients assume they have no choice but to comply with every request placed before them

South Africa Strategy

AA

Adams & Adams

Supreme Court Of Appeal Confirms The Exclusive Jurisdiction Of The Labour Court To Determine Disputes Concerning The Interpretation And Application Of The Mine Health And Safety Act, 29 Of 1996

South Africa Litigation

E

ENS

Amendment Of Pleadings And Prescription: When Changing Your Legal Basis Comes Too Late

South Africa Litigation

AA

Adams & Adams

Can A Suspended Attorney Who Is A Director Of An Incorporated Company Represent The Company As A Legal Practitioner In Proceedings Before Court?

South Africa Litigation

E

ENS

When Can An Estate Agent Be Held Liable For Latent Defects In Immovable Property?

South Africa Real Estate

AA

Adams & Adams

When Is Emotional Distress Sufficient To Ground A Claim For Damages?

South Africa Litigation

AA

Adams & Adams

Timing Is Everything: South African High Court Cautions Against Weaponising Procedural Rules After Years Of Silence

South Africa Litigation

E

ENS

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Latest Videos

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Young AFSA Webinar – Session 3 (Video)

Deale Attorneys

The CBN Naira Redesign And The Supreme Court Ruling; What You Should Know. (Video)

TT

The Trusted Advisors

ZC

Zenas Chambers, ChimwaMurombe Legal Practice

State Capture Inquiry | Steven Powell And Dudu Myeni Testify | 2 (Video)

E

ENS

Dispute Resolution (Video)

SI

SchoemanLaw Inc.

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