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.

SCA Reaffirms Residual Powers Of Company Directors To Rescind Winding-up Orders

South Africa's Supreme Court of Appeal ("the SCA") in Dr Waa Gouws (Johannesburg) v HR Computek (Pty) Ltd and Others considered...

South Africa Litigation

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ENS

From Courtroom To Kick-Off: Mandatory Mediation In Gauteng

The principles that underpin effective dispute resolution-strategy, structure, and collaboration – are not unique to the legal profession.

South Africa Litigation

BI

Barnard Inc.

Medical Negligence: A Doctor's Right To Decline Private Patients

A recent High Court ruling (Welkovics v Health Professional Council of South Africa (A274/2024) [2025]) has clarified that doctors are not legally or ethically obligated to accept every private patient seeking care particularly where no immediate medical emergency exists.

South Africa Litigation

Beach Weather | Legal Marketing

Understanding Contingency Fee Agreements Or Better Known A No-Win-No-Fee Agreement In South African Law

When facing a legal matter, one of the biggest concerns for many South Africans is the cost of hiring a lawyer. Legal fees can be expensive, especially in personal injury or medical negligence cases. This is where contingency fee agreements come into play.

South Africa Litigation

Beach Weather | Legal Marketing

What Are General Damages In South Africa?

South Africa Litigation

Beach Weather | Legal Marketing

Burn Injury, Big Emotions: Insurers Take Note Of Damages In Vet Negligence Case

South Africa Litigation

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Adams & Adams

Bald Denials And Unsubstantiated Conclusions In Pleadings: A Risky Litigation Strategy

South Africa Litigation

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ENS

Municipality's Failure To Appoint Candidate To An Advertised Position May Constitute Reviewable Administrative Action

South Africa Litigation

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ENS

A Missed Deadline Is A Closed Door: Time-Bars In Sehlabaka v PFA & Others

South Africa Litigation

AA

Adams & Adams

The South African Lens: Evolution And Efficacy Of Court-Annexed Mediation Programs In The United States

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

South Africa Litigation

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ENS

The Price Of Misrepresentation: Warranties And The Cost Of Error

South Africa Litigation

AA

Adams & Adams

South Africa's SCA Reinforces Judicial Support For Arbitration Agreements

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

The Transferability Of General Damages To A Deceased's Estate

South Africa Litigation

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ENS

Africa Competition Law Quarterly Round-Up

South Africa Anti-trust

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ENS

Section 44 Of The Income Tax Act And The Art Of Tax-Efficient Amalgamations And Mergers

South Africa Commercial

BI

Barnard Inc.

Rethinking Governance In The Age Of AI: A Legal And Operational Imperative For Organisations

South Africa Technology

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ENS

Fraud Risks, Prevention And Detection Strategies For The African Beer Brewing Industry

South Africa Commercial

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ENS

IFRS S1 & S2: A New Era For Sustainability Reporting In Africa

South Africa Commercial

SG

SNG Grant Thornton

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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

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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

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ENS

Pre-Litigation Discovery

South Africa Litigation

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Fasken

South Africa Legal Privilege Meets Journalistic Freedom Of Expression

South Africa Litigation

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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

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Tabacks

International Arbitration Comparative Guide

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

Discovery – Who Calls The Shots

South Africa Litigation

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Vasco de Oliveira Inc.

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Arbitration & Dispute Resolution

From Courtroom To Kick-Off: Mandatory Mediation In Gauteng

The principles that underpin effective dispute resolution-strategy, structure, and collaboration – are not unique to the legal profession.

South Africa Litigation

BI

Barnard Inc.

The South African Lens: Evolution And Efficacy Of Court-Annexed Mediation Programs In The United States

In a previous article, we discussed a recent move to implement mandatory mediation in South Africa's Gauteng High Courts, which is aligned with a broader international trend toward modernising civil justice.

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Words Have Power: When Unfounded Allegations Sink Reinstatement

The Labour Appeal Court's judgment in Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration & Others (19 June 2025) is a reminder that winning the...

South Africa Employment

FW

Fairbridges Wertheim Becker

Tax Dispute Resolution: Failure To Discharge Onus Of Proof

South Africa Tax

SG

SNG Grant Thornton

The Price Of Misrepresentation: Warranties And The Cost Of Error

South Africa Litigation

AA

Adams & Adams

South Africa's SCA Reinforces Judicial Support For Arbitration Agreements

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

The Transferability Of General Damages To A Deceased's Estate

South Africa Litigation

E

ENS

How To Ensure The Lawful Cancellation Of Credit Transactions

South Africa Litigation

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ENS

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

South Africa Litigation

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ENS

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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

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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

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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

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ENS

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

South Africa Litigation

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ENS

Balancing Fairness And Justice In Unlawful Administrative Action

South Africa Litigation

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Fasken

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

South Africa Litigation

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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

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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 | Steven Powell And Dudu Myeni Testify | 1 (Video)

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ENS

Dispute Resolution (Video)

SI

SchoemanLaw Inc.

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