South Africa: Court Procedure

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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.

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

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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

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

The Importance Of Abiding By Court Prescribed Timeframes

South Africa Litigation

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ENS

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

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

ENS Tax In Brief - Issue 135

South Africa Tax

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ENS

Washes Of Green In The Fashion Industry

South Africa Environment

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ENS

Generative AI And IP In South Africa: Navigating Legal Complexities And Opportunities

South Africa IP

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ENS

South Africa's Draft NDC Ahead Of COP30: What's New And What's Next

South Africa Environment

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Herbert Smith Freehills Kramer LLP

SHEroes | In Her Honor: Stories From The Other Side - Amanda Gxwala & Moses Mbedhli (Video)

South Africa Accounting

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SNG Grant Thornton

Draft Amendments To Section 8E Of The Income Tax Act

South Africa Tax

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ENS

Promulgation Of Protocol To SA/Kuwait DTA

In 2019, the Tax Court in ABC Proprietary Limited v C: SARS (Case No. 14287) 82 SATC 144 held that the most favoured nation ("MFN") article which is contained...

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ENS

Finding Your Way Through The Diesel Refund Maze

In recent years, the South African Revenue Service (SARS) has been tightening its grip on diesel refund claims and related compliance requirements.

South Africa Commercial

Ai

Andersen in South Africa

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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ENS

Be Careful Of What Is Recorded In The Certification Paragraph Of An Affidavit

In the case of Mogale v BMW Finance Services (South Africa) (Pty) Ltd, the Limpopo Division of the High Court of South Africa, Polokwane considered whether the irregular commissioning of an affidavit should be condoned.

South Africa Litigation

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ENS

High Court Overturns LPC Decision To Bar Prospective Attorney From Admission

South Africa Litigation

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ENS

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

South Africa Litigation

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ENS

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

South Africa Government

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ENS

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

South Africa Insolvency

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ENS

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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ENS

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

South Africa Litigation

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ENS

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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ENS

Liability For Losses Incurred As A Result Of Business Email Compromise

South Africa Litigation

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ENS

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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ENS

Artificial Intelligence In Court Proceedings

South Africa Technology

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Fairbridges Wertheim Becker

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

In the case of Smith v Khumalo and All the Unlawful Occupiers of the Property and Another, the court per Duncan AJ deemed it just and equitable to order the eviction of the unlawful occupiers...

South Africa Real Estate

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ENS

Liability For Losses Incurred As A Result Of Business Email Compromise

The Supreme Court of Appeal ("SCA") delivered a judgment yesterday which provides much needed clarity on the liability for losses suffered as a result of a business email compromise.

South Africa Litigation

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ENS

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

The Deputy Judge President ("DJP") of the Johannesburg High Court should be commended for publishing on 4 June 2024, a bulletin of lead times for the set down of matters for hearing by the Johannesburg High Court.

South Africa Litigation

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ENS

Artificial Intelligence In Court Proceedings

In the United Kingdom the Courts and Tribunals Judiciary has published guidance for Judges on the use of Artificial Intelligence ("AI").

South Africa Technology

FW

Fairbridges Wertheim Becker

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

South Africa Government

AA

Adams & Adams

Zuma Electoral Court Judgment

On Friday, 26 Aril 2024, the Electoral Court published its heavily anticipated judgment, outlining the reasons for its decision on whether former President Jacob Zuma can contest the polls in the upcoming elections.

South Africa Litigation

AA

Adams & Adams

Drastic, But Effective: Anton Piller Orders

Sun Tzu, the author of The Art of War, once said that 'Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.'

South Africa Litigation

Swart Attorneys

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

Provisional measures are a temporary remedy granted by courts and tribunals in exceptional circumstances. Provisional measures aim to preserve the respective rights of the parties...

Worldwide Litigation

Aceris Law

Can Ownership Of An Article Be Transferred By Constitutum Possessorium If The Seller Is Not In Possession Of The Article?

A recent judgment from the High Court in Johannesburg explores whether ownership of an object may pass to another by virtue of the principle of constitutum possessorium...

South Africa Transport

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ENS

Are Midstream Reviews Of Proceedings At An Investigative Stage Permissible? Insights From A Full Bench Appeal

South Africa Litigation

AA

Adams & Adams

The Law On The Return Of Service By A Sheriff

South Africa Litigation

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ENS

Consequences For Attorneys Who Abuse Court Processes

South Africa Litigation

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ENS

The Price Of Oversight: The Importance Of Citing Interested Parties

South Africa Litigation

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ENS

A Party Granted Leave To Amend A Particulars Of Claim In Terms Of A Court Order Is Still Required To Follow The High Court Rules

South Africa Litigation

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ENS

Can A Firearms Dealer Store Firearms For Another Dealer?

South Africa Litigation

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ENS

In Search Of Clarity: Navigating The New Terrain Of Appeals In South Africa

South Africa Litigation

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ENS

South African High Courts Are Shifting Gears In The Face Of The National Shutdown

South Africa Litigation

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ENS

Pre-Litigation Discovery

South Africa Litigation

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Fasken

Unanswered Summons? Here Is Your Next Step!

South Africa Litigation

SI

SchoemanLaw Inc.

High Court Judgment Addresses The Sale Of Repossessed Properties

South Africa Litigation

BI

Barnard Inc.

Litigation Hungry Plaintiff Attorneys, Or Poor Management – Who Is The Real Culprit Behind The RAF's Astronomical Legal Bill?

South Africa Litigation

AA

Adams & Adams

Exceptions In Litigation Proceedings

South Africa Litigation

SI

SchoemanLaw Inc.

Subpoenas – During CCMA And Bargaining Council Procedures

South Africa Employment

SI

SchoemanLaw Inc.

The Rise Of POPIA Litigation: Disclosure Of Personal Information In Court Proceedings

South Africa Privacy

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ENS

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Latest Videos

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ENSign Podcast: Navigating Injunctions In Ghana

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ENS

ZC

Zenas Chambers, ChimwaMurombe Legal Practice

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