South Africa: Arbitration & Dispute Resolution

The Competition Appeal Court recently examined the extent to which South Africa's Competition Commission must investigate complaints before declining to pursue them, and whether complainants can challenge such decisions. In Nevilles Tours and Logistics v The Competition Commission, the court addressed a bus operator's allegations of predatory and excessive pricing by dominant competitors, finding the Commission's initial investigation inadequate and setting new standards for meaningful inquiry.

A recent Gauteng High Court judgment confirms that mandatory court-annexed mediation cannot be avoided simply because parties are hostile toward each other or believe the process will be futile. The court ordered an uncooperative defendant to participate in mediation, establishing that only exceptional circumstances will excuse parties from the process introduced by the Directive and Protocol.

The Supreme Court of Appeal examines whether a pension fund can successfully rescind a default judgment when its absence from proceedings resulted from internal administrative failures. The case explores the boundaries between procedural error and voluntary default, testing whether gross negligence in responding to legal process can be excused by the strength of a potential defence.

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.

A Berlin court recently addressed whether AI-generated search summaries that reference trade marks constitute legal infringement, focusing on the critical distinction between aggregating third-party content and engaging...

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

In Phethogo Consulting (Pty) Ltd v Mangaung Metropolitan Municipality, the Free State Division of the High Court of South Africa was called upon to adjudicate...

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.