South Africa: Court Procedure

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.

A critical analysis of the South African High Court's decision in Soft Coffee v Nonnas Pasta reveals a judgment that correctly applied the notional use doctrine and dismissed an improperly pleaded prior use defence, yet failed to distinguish between different forms of trade mark infringement. The court's conflation of sections 34(1)(a) and (b) resulted in an overbroad interdict that extends beyond what the legal reasoning can support, particularly regarding the respondent's company name versus product brand

A South African patent court ruled in favour of Astellas Pharma against generic drugmaker Cipla, preventing the sale of their generic overactive bladder treatment. The dispute centered on a formulation patent for mirabegron and highlighted the critical role of expert witnesses in helping courts understand complex pharmaceutical inventions and food-effect interactions.

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.

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...

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...

Court rules are vital in ensuring consistency and fairness within the judicial process. However, there is a thin line between careful compliance with the rules and abuse of process.

The landmark Supreme Court of Appeal (SCA) decision in Mashwayi Projects (Pty) Ltd and Others v Wescoal Mining (Pty) Ltd and Others (2025 ZASCA 5) reshaped the business rescue landscape...

Litigants must generally challenge administrative action in court within 180 days after exhausting internal remedies. If no internal remedies exist, a litigant must file its papers in court within 180 days...