South Africa: Civil Law

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.

When a neighbour's watchdog bites someone who repeatedly puts their head over a boundary wall despite warnings, does the dog owner face strict liability? This South African case examines the actio de pauperie remedy and explores when an injured party's own conduct can defeat a claim, offering critical insights for insurers assessing dog-bite liability claims.

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.

A private hospital patient's leg amputation following an untreated ruptured aneurysm led to complex medical negligence litigation involving multiple defendants. When the plaintiff's legal team delayed suing a key physician based on a strategic decision to pursue vicarious liability, the court had to determine whether the claim had prescribed under South Africa's three-year limitation period.

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.

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.