South Africa: Litigation, Mediation & Arbitration

In a landmark judgment, the Supreme Court of Appeal (“SCA”) in the case of Ibex RSA Holdco Ltd and Another v Tiso Blackstar Group (Pty) Ltd and Others 2025 (2) SA 408 (SCA) (“Ibex”)...

In a recent judgment delivered by the Gauteng Division of the High Court, the Plaintiff, a major financial institution, sought a monetary judgment against the Defendants...

In South African law, the disclosure of documents is regulated by two distinct provisions: Rule 53 and Rule 35 of the Uniform Rules of Court.

A South African court examines whether an acknowledgement of debt containing specific payment terms qualifies as a promissory note under the Bills of Exchange Act, determining the applicable prescription period for debt recovery. The case turns on statutory interpretation of negotiable instruments and the distinction between mere acknowledgements and unconditional promises to pay.

A South African High Court examined whether a woman's name was fraudulently added to a property title deed, with the applicant seeking sole ownership of subsidized housing.

The Competition Appeal Court has set aside a Competition Tribunal decision delivered more than six years after the hearing concluded, finding that the delay and fragmented adjudicative process compromised the legality and fairness of the outcome. The judgment establishes that administrative bodies must maintain expeditious, coherent processes anchored in evidence, with decisions properly connected to the panels that heard the matter.

When organisations assign unique identifiers like account numbers or reference codes to individuals, do these identifiers fall outside data protection laws? A recent South African court case challenges conventional assumptions about what constitutes personal information under POPIA, raising critical questions about pseudonymisation, identifiability standards, and compliance obligations that every organisation processing such data must understand.

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...

The Eastern Cape High Court addressed whether legal practitioners should personally bear costs and forfeit fees after an appeal collapsed due to a severely deficient appeal record.

The Eastern Cape High Court addressed whether legal practitioners should personally bear costs and forfeit fees after an appeal collapsed due to a severely deficient appeal record.

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...

When a business receives an adverse court order, the immediate challenge is not whether to agree with it, but how to comply while preserving legal rights.