South Africa: Court Procedure

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

The Western Cape High Court examined whether an informal email could satisfy the technical requirements of a formal plea under Rule 22 of the Uniform Rules of Court...

South Africa Litigation

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SCA Confirms The High Court’s Concurrent Jurisdiction Over NCA Shortfall Claims

The Supreme Court of Appeal has resolved a critical jurisdictional question affecting credit providers nationwide by clarifying whether the High Court retains authority to adjudicate shortfall claims after repossession and sale of goods under credit agreements.

South Africa Litigation

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ENS

AI-Driven Corporate Disputes: New Frontiers For Litigators

Artificial intelligence is fundamentally transforming corporate litigation, introducing unprecedented challenges around evidence reliability, algorithmic liability, and predictive case analytics. As 65% of organizations now deploy generative AI regularly...

South Africa Litigation

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No Second Bite. Court Confirms The Higher Threshold For Leave To Appeal

In April 2026, the Pietermaritzburg High Court set aside a subpoena issued against the Auditor-General of South Africa (“AGSA”), finding that it had not been issued for a bona fide or lawful purpose and amounted...

South Africa Litigation

FW

Fairbridges

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

South Africa Real Estate

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Barnard Inc.

Can More Than One Company Be Liquidated In A Single Court Application?

South Africa Commercial

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Barnard Inc.

Civil Law Update Seminar 2026

South Africa Litigation

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Adams & Adams

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

South Africa Litigation

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Andersen in South Africa

Strategic Litigation Decisions And Prescription: A Cautionary Tale

South Africa Litigation

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Adams & Adams

Waiting For Disclosure

South Africa Insolvency

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Fairbridges

PAIA Annual Report Deadline: 30 June 2026

South Africa Government

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Fairbridges

Dismissal For Want Of Prosecution In South African Law: A Strategic Imperative For Defendants

South Africa Litigation

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Adams & Adams

Constitutional Court Confirms Limits On Labour Appeals And Awards Costs In Dispute Arising From Terminated Municipal Services Agreement

South Africa Employment

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Fairbridges

Academic Exclusion And Urgent Court Relief

South Africa Litigation

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Fairbridges

Key Amendments To The Companies Act Now In Force

South Africa Commercial

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ENS

South Africa Proposes Tougher Beneficial Ownership Rules: What Companies Need To Know

South Africa Commercial

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ENS

When Platforms Are Not Liable: Big Shift In Copyright Law

South Africa IP

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Intellektuele Eiendomswaardasies: Hoe Lank Is 'N Stuk Tou?

South Africa IP

BI

Barnard Inc.

Sustainability – Africa Dialogues | Bridging The Readiness Gap: Turning IFRS S1 & S2 Into Action (Video)

South Africa Commercial

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SNG Grant Thornton

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

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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

Most people experience litigation in two ways: the jolt of the initial demand and the bill that follows a month later. In between, the matter can feel like a sealed container – documents...

South Africa Litigation

BI

Barnard Inc.

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

South Africa Litigation

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ENS

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

South Africa Litigation

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Adams & Adams

Application To Strike Out, Struck Out!

South Africa Litigation

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Fairbridges

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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Balancing Fairness And Justice In Unlawful Administrative Action

South Africa Litigation

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Fasken

Prejudice, An Important Consideration In Determining Whether To Grant A Postponement Or Condonation For Non-Compliance With Court Directives

South Africa Litigation

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ENS

The Importance Of Abiding By Court Prescribed Timeframes

South Africa Litigation

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

South Africa Litigation

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Balancing Fairness And Justice In Unlawful Administrative Action

When administrative actions fail to meet procedural standards, businesses can find themselves at risk of losing vast amounts of capital, even if the projects themselves are critical to economic growth.

South Africa Litigation

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Fasken

Prejudice, An Important Consideration In Determining Whether To Grant A Postponement Or Condonation For Non-Compliance With Court Directives

The Western Cape Division of the High Court, sitting as the Equality Court, recently heard an opposed interlocutory application for the sine dine postponement of preliminary proceedings...

South Africa Litigation

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The Importance Of Abiding By Court Prescribed Timeframes

The outcome of the May 2024 elections marked a significant milestone in our country's history following President Ramaphosa's announcement to establish a ‘Government of National Unity'.

South Africa Litigation

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

In Minister of Department of Rural & Land Reform and Others v Thamsanqa Davis Bisset, the Supreme Court of Appeal ("the SCA") upheld an appeal against a High Court order setting aside a settlement.

South Africa Litigation

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High Court Strengthens Taxpayer Rights, Urges Respect And Fair Treatment By SARS While Unravelling The Legal Question Of The Meaning Of "Bulk" In The Mineral Royalty Act

South Africa Tax

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ENS

Do Substantial Amendments To A Particulars Of Claim Nullify The Effects Of A Prior Notice Of Bar?

In Pulane Qhamakoane ("PQ") v Road Accident Fund ("RAF"), the Gauteng Division of the High Court of South Africa, Pretoria, had to consider whether a party that is barred from pleading after failing to timeously plead, is permitted to plead after an amendment to the particulars of claim is delivered.

South Africa Litigation

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Key Constitutional Court Ruling: Prescription Period Does Not Begin Upon Curator Appointment

In a recent judgment, the Constitutional Court considered an application for leave to appeal from the Supreme Court of Appeal ("SCA"). The application was instituted by Shoprite Checkers (Pty) Ltd

South Africa Litigation

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High Court Overturns LPC Decision To Bar Prospective Attorney From Admission

In the case of Sebatsana v South African Legal Practice Council, the Pretoria High Court admitted an aspiring attorney despite the Legal Practice Council ("the LPC") opposing her application for admission.

South Africa Litigation

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Unlawfully Conducting The Business Of A Bank Can Lead To Your Sequestration

In a recent judgment delivered by the Johannesburg High Court, the Prudential Authority ("the Authority") instituted provisional sequestration proceedings in terms of sections 83(3)(b)...

South Africa Insolvency

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The SCA Ruled That Directives Issued By The South African Human Right Commission's Are Not Binding

South Africa Government

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Long Wait Ahead - Lead Times For Dates Of Hearing From The Johannesburg High Court As At 31 August 2024

South Africa Litigation

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Court Sets Aside The State's Tender For A Panel Of Referral Advocates

South Africa Litigation

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Court Grants An Eviction Order For Unlawful Occupiers Despite The Local Authority Not Making Alternative Accommodation Available

South Africa Real Estate

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Liability For Losses Incurred As A Result Of Business Email Compromise

South Africa Litigation

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Litigants In The Johannesburg High Court Could Wait Up To 3½ Years For A Civil Trial To Be Set Down

South Africa Litigation

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Artificial Intelligence In Court Proceedings

South Africa Technology

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Fairbridges

Constitutional Court Declares That Former President Jacob Zuma Is Not Qualified To Stand For Election, To The National Assembly

South Africa Government

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Adams & Adams

Johannesburg High Court Affirms Its Duty To Protect The Best Interests Of A Minor Child

South Africa Family

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Failure To Know Or Follow The Rules Of Court: A Civil Procedure Pitfall For Legal Practitioners

South Africa Litigation

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Adams & Adams

Interpreting Rule 67A Of The Uniform Rules Of Court: Dealing With The Scale Of Cost Award, Applied In Recent Johannesburg High Court Judgment

South Africa Litigation

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Johannesburg High Court Rules On Payment Of Outstanding Legal Fees Without Taxation: Kahn V Stetter

South Africa Litigation

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Zuma Electoral Court Judgment

South Africa Litigation

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Adams & Adams

Drastic, But Effective: Anton Piller Orders

South Africa Litigation

Swart Attorneys

Provisional Measures Through The Lens Of The ICJ's Decision In South Africa v. Israel

Worldwide Litigation

Aceris Law

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Latest Videos

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ENSign Podcast: Navigating Injunctions In Ghana

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Zenas Chambers, ChimwaMurombe Legal Practice

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