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.

Compulsory Mediation In The Gauteng Division: A 10-month Implementation Review

Ten months have passed since the Judge President of the Gauteng Division of the High Court introduced a directive making mediation compulsory before the allocation and retention of civil trial dates.

South Africa Litigation

AA

Adams & Adams

Long Service Is Not An Absolute Shield Against Gross Negligence

The matter arose following the dismissal of Mr Gerhard Goosen, a service mechanic with nearly 30 years of experience at Algoa Bus Company (ABC).

South Africa Litigation

FW

Fairbridges

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 Is Emotional Distress Sufficient To Ground A Claim For Damages?

Claims for damages arising from emotional shock are often pursued without a full appreciation of the legal requirements that must be satisfied for success.

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

"Positive" For Seven Years: The Human Cost Of An HIV Misdiagnosis

South Africa Litigation

AA

Adams & Adams

Compulsory Mediation In The Gauteng Division: A 10-month Implementation Review

South Africa Litigation

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

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

South Africa Litigation

E

ENS

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

South Africa Litigation

E

ENS

The Challenge Of Setting Aside A Small Claims Court Judgment

South Africa Litigation

E

ENS

Can A Party Rely On The Delegation Of A Duty To Escape Delictual Liability?

South Africa Litigation

E

ENS

Supreme Court Of Appeal Clarifies When Forfeiture Proceedings Are Truly "Pending" Before The High Court

South Africa Litigation

E

ENS

AI-driven Catfishing: The Rise Of Sophisticated Romance Scams

South Africa Criminal

E

ENS

The Dealmakers' Moment: Six M&A Trends Shaping 2026

Worldwide Commercial

Ai

Andersen in South Africa

Analysis: The Employment Laws Amendment Bill, 2025

South Africa Employment

FW

Fairbridges

Cross-border Control Of South African Banks: Why Deals Succeed, Why They Stall And How To Get Them Over The Line

South Africa Finance

E

ENS

Demarcation Disputes Cannot Be Used To Interpret Collective Agreements

South Africa Employment

FW

Fairbridges

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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

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 Kramer LLP

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 Kramer LLP

Discovery – Who Calls The Shots

South Africa Litigation

Vd

Vasco de Oliveira Inc.

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Arbitration & Dispute Resolution

New Rules For The Pension Funds Adjudicator: What You Need To Know

The Ombud Council published the Ombud Council Rules for the Pension Funds Adjudicator, 2026 (the "Rules")...

South Africa Finance

E

ENS

Compulsory Mediation In The Gauteng Division: A 10-month Implementation Review

Ten months have passed since the Judge President of the Gauteng Division of the High Court introduced a directive making mediation compulsory before the allocation and retention of civil trial dates.

South Africa Litigation

AA

Adams & Adams

Long Service Is Not An Absolute Shield Against Gross Negligence

The matter arose following the dismissal of Mr Gerhard Goosen, a service mechanic with nearly 30 years of experience at Algoa Bus Company (ABC).

South Africa Litigation

FW

Fairbridges

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

South Africa Litigation

E

ENS

Compulsory Mediation In The Gauteng Division: A 10-month Implementation Review

South Africa Litigation

AA

Adams & Adams

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

South Africa Litigation

E

ENS

Food And Product Recalls: The Legal Framework, Recent Cases And Improved Methods For Addressing Related Issues

South Africa Healthcare

E

ENS

The Challenge Of Setting Aside A Small Claims Court Judgment

South Africa Litigation

E

ENS

Can A Party Rely On The Delegation Of A Duty To Escape Delictual Liability?

South Africa Litigation

E

ENS

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Court Procedure

The Challenge Of Setting Aside A Small Claims Court Judgment

In Magill v Ma Ipser and Widevision Travel, the Western Cape High Court ("HC") handed down judgment in an opposed review application in terms of section 46...

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.

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

BI

Barnard Inc.

The Admissibility Of Video Evidence In Motion Proceedings

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

Joinder Of Third Party In Slip And Fall Case: A Legal Analysis

South Africa Litigation

AA

Adams & Adams

Application To Strike Out, Struck Out!

South Africa Litigation

FW

Fairbridges

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

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Trials & Appeals & Compensation

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?

Claims against estate agents for latent defects discovered after the purchase of immovable property are frequently pursued without a full appreciation of the legal requirements that must be satisfied for success.

South Africa Real Estate

AA

Adams & Adams

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

Claims for damages arising from emotional shock are often pursued without a full appreciation of the legal requirements that must be satisfied for success.

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

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

South Africa Litigation

E

ENS

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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