South Africa: Litigation, Mediation & Arbitration

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”)...

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...

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.

The International Chamber of Commerce (ICC) has published its 2025 arbitration and ADR statistics, confirming that with 894 new cases registered, 2025 ranks among the top three years in ICC history...

A South African court examines whether an acknowledgement of debt containing specific payment terms qualifies as a promissory note under the Bills of Exchange Act, determining the applicable prescription period for debt recovery. The case turns on statutory interpretation of negotiable instruments and the distinction between mere acknowledgements and unconditional promises to pay.

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.

A significant jurisdictional change has taken effect in South Africa's Gauteng Division of the High Court, ending the concurrent jurisdiction between Johannesburg and Pretoria seats that existed since 2018. Each seat now has defined geographical boundaries based on magisterial districts, requiring practitioners to carefully determine proper jurisdiction when instituting proceedings.

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.

When organisations assign unique identifiers like account numbers or reference codes to individuals, do these identifiers fall outside data protection laws? A recent South African court case challenges conventional assumptions about what constitutes personal information under POPIA, raising critical questions about pseudonymisation, identifiability standards, and compliance obligations that every organisation processing such data must understand.

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.

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.

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...