South Africa: Litigation, Mediation & Arbitration

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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.

Video Evidence Seals The Deal: High Court Enforces Suretyships

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...

South Africa Litigation

AA

Adams & Adams

Primary Obligations vs Secondary Obligations And Accepting Repudiation – Be Careful What You Wish For

In the recent case of Twenty-Third Century Systems (Pty) Ltd and Another v SAP Africa Region (Pty) Ltd, the Supreme Court of Appeal ("SCA") had to consider whether a party to a contract...

South Africa Litigation

E

ENS

Cancellation Of Agreement For Software Licences: Ekurhuleni Metropolitan Municipality v Business Connexion (Pty) Ltd

In March 2020, Oracle Corporation (South Africa) (Pty) Ltd ("Oracle") assessed the Ekurhuleni Metropolitan Municipality's ("Municipality") information system and advised that it needed an infrastructure upgrade.

South Africa Litigation

E

ENS

Applicants Must Demonstrate Exceptional Circumstances For Reconsideration Applications Before The SCA

In Ekurhuleni Metropolitan Municipality v Business Connexion (Pty) Ltd, the Supreme Court of Appeal ("SCA") considered an application for reconsideration...

South Africa Litigation

E

ENS

Fast-Tracking Rescue: How AFSA-SARIPA Arbitration Keeps Business-Rescue Plans From Stalling

South Africa Litigation

BI

Barnard Inc.

RAF Litigation: The Prolonged Delay On General Damages – What's Causing It, And How Do We Fix It?

South Africa Litigation

AA

Adams & Adams

Principles Relating To Condonation For The Failure To Comply With Court Rules Or Directives

South Africa Litigation

E

ENS

Escaping The Provisions Of The National Credit Act

South Africa Litigation

E

ENS

The Admissibility Of Video Evidence In Motion Proceedings

South Africa Litigation

E

ENS

Court Clarifies The Scope Of "For Purposes Of Pleading" In Rule 35(14)

South Africa Litigation

E

ENS

The Appealability Of Orders Dismissing Exceptions

South Africa Litigation

E

ENS

A Settlement Agreement Extinguishes The Debtor's Obligations

South Africa Litigation

E

ENS

When Does Prescription Start Running Against An Organ Of State?

South Africa Litigation

E

ENS

Alternative Dispute Resolution First, Court Second: Further Thoughts On The Gauteng High Court's Draft Directive

South Africa Litigation

E

ENS

Africa Competition Law Quarterly Round-Up

South Africa Anti-trust

E

ENS

Capital Markets Comparative Guide

South Africa Commercial

FS

Fasken South Africa

What The New Expropriation Act Means For Landowners And Reform In South Africa

South Africa Government

FW

Fairbridges Wertheim Becker

Who Are South Africa's Largest Trade Partners?

South Africa International

SG

SNG Grant Thornton

Dua Lipa May Be Levitating, But South African Copyright Law Is Pretty Static

South Africa IP

E

ENS

Related Country Guides

Enforcement of Foreign Judgments

Litigation Dispute Resolution

International Arbitration

Disclosure & Electronic Discovery & Privilege

Video Evidence Seals The Deal: High Court Enforces Suretyships

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...

South Africa Litigation

AA

Adams & Adams

Balancing Disclosure In South African Courts: Rule 53; Rule 35; And Judicial Discretion

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.

South Africa Litigation

FW

Fairbridges Wertheim Becker

Uncover The Truth With EDiscovery: Safeguarding Your Organisation From Internal Fraud Beyond Litigation

eDiscovery refers to the role of teams that specialise in providing support to various internal corporate functions, particularly legal, risk and compliance, to manage evidentiary obligations...

South Africa Litigation

E

ENS

Pre-Litigation Discovery

South Africa Litigation

F

Fasken

South Africa Legal Privilege Meets Journalistic Freedom Of Expression

South Africa Litigation

HS

Herbert Smith Freehills

e-Discovery And What It Means For Legal Practitioners In SA

South Africa Litigation

SI

SchoemanLaw Inc.

Anton Piller Orders: Preserving Evidence On An Urgent Basis

South Africa Litigation

Tf

Tabacks

International Arbitration Comparative Guide

South Africa Litigation

HS

Herbert Smith Freehills

Discovery – Who Calls The Shots

South Africa Litigation

Vd

Vasco de Oliveira Inc.

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Arbitration & Dispute Resolution

Primary Obligations vs Secondary Obligations And Accepting Repudiation – Be Careful What You Wish For

In the recent case of Twenty-Third Century Systems (Pty) Ltd and Another v SAP Africa Region (Pty) Ltd, the Supreme Court of Appeal ("SCA") had to consider whether a party to a contract...

South Africa Litigation

E

ENS

Fast-Tracking Rescue: How AFSA-SARIPA Arbitration Keeps Business-Rescue Plans From Stalling

When a company hits financial turbulence, every extra week of uncertainty is another week of eroding value. South Africa's business-rescue regime is designed to give distressed companies a fighting chance...

South Africa Litigation

BI

Barnard Inc.

Preserving The Status Quo In Pension Fund Disputes: Insights From Cadac Pension Fund And Others v Nash And Others

The recent High Court judgement in Cadac Pension Fund and Others v Nash and Others (Gauteng Division, Johannesburg, 16 April 2025) offers important guidance on the role of interim interdicts...

South Africa Finance

AA

Adams & Adams

The Admissibility Of Video Evidence In Motion Proceedings

South Africa Litigation

E

ENS

Court Clarifies The Scope Of "For Purposes Of Pleading" In Rule 35(14)

South Africa Litigation

E

ENS

Changes To The Enrolment Procedure And Related Aspects Of The Opposed Motion Court In Johannesburg

South Africa Litigation

E

ENS

Alternative Dispute Resolution First, Court Second: Further Thoughts On The Gauteng High Court's Draft Directive

South Africa Litigation

E

ENS

When Does Prescription Start Running Against An Organ Of State?

South Africa Litigation

E

ENS

A Settlement Agreement Extinguishes The Debtor's Obligations

South Africa Litigation

E

ENS

See more

Court Procedure

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

E

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

E

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

E

ENS

The Revival Of An Agreement That Lapsed For The Failure To Fulfil Conditions Precedents

South Africa Litigation

E

ENS

Balancing Fairness And Justice In Unlawful Administrative Action

South Africa Litigation

F

Fasken

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

South Africa Litigation

E

ENS

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Commodities/ Securities

Change Of Corporate Identity

South Africa Employment

JS

JSE Securities Exchange South Africa

Insider Trading Act

South Africa Finance

WW

Webber Wentzel

Securities Regulation Code

WW

Webber Wentzel

Insider Trading Act, 1998

South Africa Employment

WW

Webber Wentzel

Monthly Stock Exchange Report (January 1999)

South Africa Anti-trust

JS

JSE Securities Exchange South Africa

Monthly Stock Exchange Report (January 1999)

South Africa Anti-trust

JS

JSE Securities Exchange South Africa

Monthly Stock Exchange Report (November 1998)

South Africa Anti-trust

JS

JSE Securities Exchange South Africa

Financial Services Alert - 10 November 1998

South Africa Anti-trust

JS

JSE Securities Exchange South Africa

Monthly Stock Exchange Report (August 1998)

South Africa Anti-trust

JS

JSE Securities Exchange South Africa

See more

Latest Videos

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Young AFSA Webinar – Session 3 (Video)

Deale Attorneys

The CBN Naira Redesign And The Supreme Court Ruling; What You Should Know. (Video)

TT

The Trusted Advisors

ZC

Zenas Chambers, ChimwaMurombe Legal Practice

State Capture Inquiry | Director Of ENS Forensics Steven Powell To Testify | 3 (Video)

E

ENS

Dispute Resolution (Video)

SI

SchoemanLaw Inc.

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