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.

The South African Lens: Evolution And Efficacy Of Court-Annexed Mediation Programs In The United States

In a previous article, we discussed a recent move to implement mandatory mediation in South Africa's Gauteng High Courts, which is aligned with a broader international trend toward modernising civil justice.

South Africa Litigation

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Herbert Smith Freehills Kramer LLP

The concept of "data ownership" is complex, with a fundamental legal question remaining unresolved: can data be owned? A recent Supreme Court of...

South Africa Litigation

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ENS

The Price Of Misrepresentation: Warranties And The Cost Of Error

The matter arose from a contractual dispute between a motor vehicle dealership (the Plaintiff) and a retired police officer (the Defendant).

South Africa Litigation

AA

Adams & Adams

South Africa's SCA Reinforces Judicial Support For Arbitration Agreements

Emerging arbitration jurisdictions often face challenges in establishing themselves as credible and reliable seats for international arbitration with a key focus on achieving minimal judicial intervention.

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

The Transferability Of General Damages To A Deceased's Estate

South Africa Litigation

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ENS

SCA Cautions Legal Practitioners Against Alleging Sinister Motives By LPC When Dealing With Misconduct Complaints

South Africa Litigation

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ENS

To Entertain Or To Not Entertain A Moot Point.

South Africa Litigation

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ENS

Public Liability Claims: A Cautionary Tale On Public Infrastructure And Personal Vigilance

South Africa Litigation

AA

Adams & Adams

When Tweets Turn Toxic: Steps To Protect Your Company's Reputation After An Employee's Exit

South Africa Litigation

BI

Barnard Inc.

Compensation For Occupational Injuries And Diseases Act, 1993 ("COIDA") – Notice On Further Extensions Of Letters Of Good Standing Validity For The 2024 Return Of Earnings Season

South Africa Litigation

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ENS

Long Wait Ahead - Lead Times For Dates Of Hearing From The Johannesburg High Court As At 30 May 2025

South Africa Litigation

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ENS

The Importance Of Correctly Following Customary Law Procedures

South Africa Litigation

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ENS

How To Ensure The Lawful Cancellation Of Credit Transactions

South Africa Litigation

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ENS

Principles Regarding Claims For Unlawful Arrest And Detention

South Africa Litigation

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ENS

Transparency On The Clock: No Extension On 2024/25 PAIA Annual Report Submissions

South Africa Finance

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ENS

Suspension vs Special Leave: A Rose By Any Other Name…

South Africa Employment

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ENS

American Bar Association, Antitrust Section — Our Curious Amalgam Podcast, Episode #328 What Should I Know About Nigeria, South Africa, Egypt And COMESA? Developments In Key African Regimes

South Africa Anti-trust

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BREMER LF WLL

AI And Water Systems: Conservation Tool Or Resource Drain?

South Africa Environment

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ENS

Addressing Fraud, Corruption And Money Laundering Risks In The African Continental Free Trade Area

South Africa Criminal

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ENS

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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 Wertheim Becker

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

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ENS

Pre-Litigation Discovery

South Africa Litigation

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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

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Tabacks

International Arbitration Comparative Guide

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

Discovery – Who Calls The Shots

South Africa Litigation

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Vasco de Oliveira Inc.

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Arbitration & Dispute Resolution

The South African Lens: Evolution And Efficacy Of Court-Annexed Mediation Programs In The United States

In a previous article, we discussed a recent move to implement mandatory mediation in South Africa's Gauteng High Courts, which is aligned with a broader international trend toward modernising civil justice.

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Words Have Power: When Unfounded Allegations Sink Reinstatement

The Labour Appeal Court's judgment in Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration & Others (19 June 2025) is a reminder that winning the...

South Africa Employment

FW

Fairbridges Wertheim Becker

Tax Dispute Resolution: Failure To Discharge Onus Of Proof

The most tax disputes are decided by courts on the basis of whether taxpayer has discharged the onus of proving that something is exempt or otherwise not taxable or that an amount is tax deductible.

South Africa Tax

SG

SNG Grant Thornton

The Price Of Misrepresentation: Warranties And The Cost Of Error

South Africa Litigation

AA

Adams & Adams

South Africa's SCA Reinforces Judicial Support For Arbitration Agreements

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

The Transferability Of General Damages To A Deceased's Estate

South Africa Litigation

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ENS

How To Ensure The Lawful Cancellation Of Credit Transactions

South Africa Litigation

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ENS

Primary Obligations vs Secondary Obligations And Accepting Repudiation – Be Careful What You Wish For

South Africa Litigation

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ENS

Fast-Tracking Rescue: How AFSA-SARIPA Arbitration Keeps Business-Rescue Plans From Stalling

South Africa Litigation

BI

Barnard Inc.

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Court Procedure

The Admissibility Of Video Evidence In Motion Proceedings

In FirstRand Bank Ltd v Ayob and Another, the Gauteng Division of the High Court of South Africa in Pretoria had to consider whether video footage may be admissible as evidence in motion proceedings.

South Africa Litigation

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ENS

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

The time to secure dates for opposed motions has grown from 12 weeks to nine calendar months from the time a request for a date is filed.

South Africa Litigation

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ENS

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

In legal proceedings, the joinder of a third party can be a critical aspect, especially in cases where multiple parties may share liability.

South Africa Litigation

AA

Adams & Adams

Application To Strike Out, Struck Out!

South Africa Litigation

FW

Fairbridges Wertheim Becker

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

South Africa Litigation

BI

Barnard Inc.

The 180-Day Period In PAJA

South Africa Litigation

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ENS

The Revival Of An Agreement That Lapsed For The Failure To Fulfil Conditions Precedents

South Africa Litigation

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ENS

Balancing Fairness And Justice In Unlawful Administrative Action

South Africa Litigation

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Fasken

High Court Errs By Setting Aside A Non-Binding Settlement Agreement

South Africa Litigation

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ENS

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Commodities/ Securities

Change Of Corporate Identity

South Africa Employment

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JSE Securities Exchange South Africa

Insider Trading Act

South Africa Finance

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Webber Wentzel

Securities Regulation Code

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Webber Wentzel

Insider Trading Act, 1998

South Africa Employment

WW

Webber Wentzel

Monthly Stock Exchange Report (January 1999)

South Africa Anti-trust

JS

JSE Securities Exchange South Africa

Monthly Stock Exchange Report (January 1999)

South Africa Anti-trust

JS

JSE Securities Exchange South Africa

Monthly Stock Exchange Report (November 1998)

South Africa Anti-trust

JS

JSE Securities Exchange South Africa

Financial Services Alert - 10 November 1998

South Africa Anti-trust

JS

JSE Securities Exchange South Africa

Monthly Stock Exchange Report (August 1998)

South Africa Anti-trust

JS

JSE Securities Exchange South Africa

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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)

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The Trusted Advisors

ZC

Zenas Chambers, ChimwaMurombe Legal Practice

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

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ENS

Dispute Resolution (Video)

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SchoemanLaw Inc.

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