South Africa: Trials & Appeals & Compensation

Subscribe

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.

South African Constitutional Court Settles Debate On When Clock Starts Ticking On Interest For General Damages

The South African Constitutional Court examined a critical question in damages law: when should interest begin accruing on awards for general damages in cases of unlawful arrest and detention? The ruling in Minister of Police v Khedama establishes a definitive framework for calculating interest on unliquidated debts, distinguishing between pecuniary losses and general damages to prevent overcompensation.

South Africa Litigation

E

ENS

Legal Practitioners Pay The Price For Unprofessional Conduct

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.

South Africa Litigation

E

ENS

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

E

ENS

Disagreeing With A Court Order Is Not A Compliance Strategy

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.

South Africa Litigation

FW

Fairbridges

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

South Africa Litigation

FW

Fairbridges

Personal Liability Of Business Rescue Practitioners In South Africa

South Africa Commercial

BI

Barnard Inc.

Strategic Litigation Decisions And Prescription: A Cautionary Tale

South Africa Litigation

AA

Adams & Adams

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

South Africa Litigation

AA

Adams & Adams

Calling Out Racism At Work: Lessons From The Labour Appeal Court’s Qomoyi Judgment

South Africa Employment

E

ENS

Security For Costs In Full Court Appeals: A Practitioner’s Guide After Koopman V Minister Of Police

South Africa Litigation

AA

Adams & Adams

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

South Africa Employment

FW

Fairbridges

Regulatory Matters: Policing The Regulators: Judicial Oversight Of Disciplinary Decisions

South Africa Litigation

AA

Adams & Adams

Academic Exclusion And Urgent Court Relief

South Africa Litigation

FW

Fairbridges

Forensic Reports Are Not Automatically Privileged, Says The SCA

South Africa Litigation

F

Fasken

Double Jeopardy As A Result Of An Arbitration Award

South Africa Litigation

F

Fasken

Fashion, Culture And Intellectual Property

South Africa IP

E

ENS

Mine Development Assets

South Africa Accounting

SG

SNG Grant Thornton

Information Regulator’s First Enforcement Notice For 2026

South Africa Privacy

E

ENS

The Logo Behind The Logo: Levi's And The Value Of Brand Recognition

South Africa IP

AA

Adams & Adams

Forensic Reports Are Not Automatically Privileged, Says The SCA

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”)...

South Africa Litigation

F

Fasken

Supreme Court Of Appeal Confirms The Exclusive Jurisdiction Of The Labour Court To Determine Disputes Concerning The Interpretation And Application Of The Mine Health And Safety Act, 29 Of 1996

In the case of TC Smelters (Pty) Ltd and Another v The Minister Department of Mineral Resources and Energy and Others (910/2024) [2026] ZASCA 40 (27 March 2026), the Supreme Court of Appeal ("SCA")...

South Africa Litigation

E

ENS

Amendment Of Pleadings And Prescription: When Changing Your Legal Basis Comes Too Late

A recent judgment of the Mahikeng High Court serves as a stark reminder that a change in the legal foundation of a claim — from contract to delict — is not merely a technical adjustment.

South Africa Litigation

AA

Adams & Adams

Can A Suspended Attorney Who Is A Director Of An Incorporated Company Represent The Company As A Legal Practitioner In Proceedings Before Court?

In the recent judgment handed down by the full bench of the High Court of South Africa, Free State Division, Bloemfontein on 13 February 2026 ("Full Bench")...

South Africa Litigation

E

ENS

When Can An Estate Agent Be Held Liable For Latent Defects In Immovable Property?

South Africa Real Estate

AA

Adams & Adams

When Is Emotional Distress Sufficient To Ground A Claim For Damages?

South Africa Litigation

AA

Adams & Adams

Timing Is Everything: South African High Court Cautions Against Weaponising Procedural Rules After Years Of Silence

South Africa Litigation

E

ENS

Zero Tolerance Hangover – When Energy Drinks Leave Employers With A Headache

South Africa Employment

E

ENS

When Does A Business Rescue Practitioner Become Personally Liable For A Company's Debts?

South Africa Commercial

AA

Adams & Adams

Can A Professional Evade Accountability By Cancelling Their Registration?

South Africa Litigation

AA

Adams & Adams

When "Served" Isn't Served

South Africa Litigation

FW

Fairbridges

Political Risk Insurance: A Potentially Growing Role To Play In Encouraging Investment Into Developing Countries And Some Legal Aspects In Relation To The Operational Management Of Political Risk Insurance In Jurisdiction

Worldwide Insurance

E

ENS

The Detrimental Effect Of Failing To Satisfy The Threshold For Applications For Special Leave To Appeal

South Africa Litigation

E

ENS

Corporate Reputation Vindicated: High Court Grants Final Interdict Against Defamatory Social Media Campaign

South Africa Litigation

E

ENS

When "Served" Isn't Served

Getting a summons issued is only half the battle in a debt recovery or enforcement matter. The other half is making sure the defendant is properly served...

South Africa Litigation

FW

Fairbridges

Political Risk Insurance: A Potentially Growing Role To Play In Encouraging Investment Into Developing Countries And Some Legal Aspects In Relation To The Operational Management Of Political Risk Insurance In Jurisdiction

Political Risk Insurance ("PRI"), which serves to protect assets and financial interests, offers a safeguard against adverse actions or inactions of governments and serves to mitigate...

Worldwide Insurance

E

ENS

The Detrimental Effect Of Failing To Satisfy The Threshold For Applications For Special Leave To Appeal

This article examines a recent judgment delivered by South Africa's Supreme Court of Appeal ("SCA") in which the SCA decided upon an unopposed application for special leave to appeal against the judgment and order...

South Africa Litigation

E

ENS

Corporate Reputation Vindicated: High Court Grants Final Interdict Against Defamatory Social Media Campaign

Defamation consists of the wrongful and intentional publication of a defamatory statement concerning another.

South Africa Litigation

E

ENS

Labour Appeal Court Confirms Dismissal For Unauthorised Gathering And Insubordination

South Africa Employment

F

Fasken

Tying Up The Loose Ends - Mediation Is A Must Unless Exceptional Circumstances Exist

Mediation has become an integral part of the civil litigation process in the Gauteng division. The Mediation Protocol ("the Protocol")...

South Africa Litigation

E

ENS

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.

Interdict, Appeal, Review: Dissecting The Limits Of Interim Relief In HPCSA Matters

On 4 November 2025, the Pretoria High Court delivered an important judgment on the nature and limits of the statutory framework governing the internal processes of the HPCSA.

South Africa Healthcare

AA

Adams & Adams

The Peremptory Requirements Applicable Prior To Suing A Judge

In Mantashe v Justice Raymond Zondo N.O. and Another, the Johannesburg High Court reiterated the established peremptory requirements that must be satisfied...

South Africa Criminal

E

ENS

Banks Can Breathe A Sigh Of Relief, As Pretoria High Court Declines To Extend Delictual Liability For Pure Economic Loss

South Africa Finance

E

ENS

Guardrails For Judicial Accountability And The Limits Of Judicial Misconduct

South Africa Litigation

E

ENS

Enrichment Claims And The Application Of The Institution Of Legal Proceedings Against Certain Organs Of State Act

South Africa Litigation

E

ENS

Inadmissible Evidence Does Not Become Admissible Simply Because It Is The Best Evidence Available

South Africa Litigation

E

ENS

The Manner In Which A Decision Is Taken To The SCA For Reconsideration And Variation

South Africa Litigation

E

ENS

A Party Relying On Compromise Bears The Onus Of Proof

South Africa Litigation

E

ENS

Can ICASA Condone The Late Submission Of A Notice To Renew A Broadcasting Licence?

South Africa Media & IT

E

ENS

Are On-the-road Fees Permissible As Charges In Credit Agreements?

South Africa Finance

E

ENS

Curbing Vexatious And Abusive Legal Proceedings

South Africa Litigation

E

ENS

Triggering The Exclusion: How A Firearms Clause Shielded An Insurer From Liability

South Africa Litigation

AA

Adams & Adams

Amendments To The High Court And Magistrates Court Rules

South Africa Litigation

E

ENS

Breaking Borders To Combat Financial Misconduct

South Africa Finance

E

ENS

Employer Immunity Is Not Absolute: What This Means For Employment Practices Policies

South Africa Litigation

AA

Adams & Adams

When The SIU Comes Calling | State Capture Investigations

South Africa Criminal

FW

Fairbridges

WhatsApp In Court: When Your Chats Become Your Best (Or Worst) Evidence

South Africa Litigation

FW

Fairbridges

See more

Latest Videos

See more

Discussing The Osun State Election Tribunal - Talking Legal With TTA (Video)

TT

The Trusted Advisors

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 | Steven Powell And Dudu Myeni Testify | 2 (Video)

E

ENS

Podcast | The Money Show | The Beer Industry Appeals For Excise Relief On Low-Alcohol Products

E

ENS

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More