South Africa: Civil Law

Property disputes between neighbours are more common than many people realise, especially where buildings, walls, carports, paving, or boundary structures extend beyond approved building lines or even over the property boundary itself.

South African prescription law is more nuanced than a simple three-year countdown. The critical question is not when an event occurred, but when a claimant possessed sufficient knowledge to recognize they may have a claim—a determination that depends heavily on the specific facts and circumstances of each case.

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.

ENSafrica has successfully represented one of its clients in an unusual unlawful competition case, one involving the misappropriation of confidential information.

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.

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.