South Africa: Civil Law

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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.

Respecting The Lens, Part 2: Why "I Didn't Know I Needed Permission" Is Not A Copyright Defence

A recent High Court judgment clarifies a critical misconception in copyright law: believing you have permission to use protected work is not the same as believing no copyright exists. This distinction has significant implications for businesses that routinely download and use photographs found online, assuming they are free to use simply because they are widely accessible.

South Africa IP

AA

Adams & Adams

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 Africa Litigation

E

ENS

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 Africa Insurance

AA

Adams & Adams

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 Africa Litigation

E

ENS

End Of Concurrent Jurisdiction: Understanding The New Jurisdictional Boundaries In The Gauteng Division Of The High Court Of South Africa

South Africa Litigation

E

ENS

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

South Africa Litigation

E

ENS

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

South Africa Media & IT

E

ENS

Standing Out From The Crowd: Distinctiveness In South African Trade Mark Law

South Africa IP

AA

Adams & Adams

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

South Africa Litigation

AA

Adams & Adams

My Neighbour Built Over The Boundary Line – What Are My Rights?

South Africa Real Estate

BI

Barnard Inc.

Civil Law Update Seminar 2026

South Africa Litigation

AA

Adams & Adams

When Does Prescription Really Start? A Closer Look At Knowledge Of A Claim

South Africa Litigation

Ai

Andersen in South Africa

Strategic Litigation Decisions And Prescription: A Cautionary Tale

South Africa Litigation

AA

Adams & Adams

Academic Exclusion And Urgent Court Relief

South Africa Litigation

FW

Fairbridges

The Trade Mark That Refused To Die: Deadwood Or Zombie?

South Africa IP

AA

Adams & Adams

Africa Tax In Brief

South Africa Tax

E

ENS

Modernising The Commissioning Of Oaths: The Draft 2026 Regulations

South Africa Commercial

AA

Adams & Adams

Cash Is Not Disappearing - Why The South African Reserve Bank’s Cash Smart Strategy Matters For South Africa’s Payment Future

South Africa Finance

E

ENS

Africa Tax In Brief

E

ENS

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 Africa Litigation

E

ENS

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 Africa Litigation

E

ENS

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 Africa Litigation

AA

Adams & Adams

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 Africa Litigation

SI

SchoemanLaw Inc.

Let Us Talk About The Provisional Sentence Summons

South Africa Litigation

SI

SchoemanLaw Inc.

Civil Litigation – An Overview

South Africa Litigation

SI

SchoemanLaw Inc.

Teacher – Pupil Relationship: What Are The Legal Parameters

South Africa Litigation

AA

Adams & Adams

Subpoenas – During CCMA And Bargaining Council Procedures

South Africa Employment

SI

SchoemanLaw Inc.

International Arbitration Comparative Guide

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

Cold Comfort – But Comfort Nonetheless – For The Security For Costs Conundrum

South Africa Litigation

E

ENS

Unlawful Competition And Confidential Information

South Africa Litigation

E

ENS

Advocates To Deal Directly With The Public – Yay Or Nay??

South Africa Litigation

PP

Phukubje Pierce Masithela Attorneys

Online Media And The Common Law

South Africa Government

RM

Routledge Modise

Fair's Fair? Applying Affirmative Action

South Africa Litigation

AA

Adams & Adams

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 Africa Litigation

E

ENS

Advocates To Deal Directly With The Public – Yay Or Nay??

After almost ten years of debate, the Minister of Justice revealed the Department of Justice’s plans to allow for advocates to approach the public directly.

South Africa Litigation

PP

Phukubje Pierce Masithela Attorneys

Online Media And The Common Law

While the Constitution is the supreme law of South Africa, the common law is the basis and its principles are still used by courts when interpreting and developing law.

South Africa Government

RM

Routledge Modise

Fair's Fair? Applying Affirmative Action

The ideals behind the enforcement of affirmative action in the workplace in South Africa, post-1994, are sound and understandable; however, there have been many challenges to overcome to ensure that the empowerment of the previously disadvantaged does not defeat the Constitutional right to equality.

South Africa Litigation

AA

Adams & Adams

The Consequence Of Judicial Interference In Civil Trials

South Africa Litigation

WW

Webber Wentzel

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