Legal updates and opinions
Search Author
Brevia BRICS Investment Protection Report 2026 | South Africa
by Roger Wakefield, Director, and Abena Osei, Senior Associate The South African chapter of the Brevia BRICS Investment Protection Report 2026 provides an overview of South [...]
When discovery meets data privacy: Navigating the tension between litigation obligations and data protection
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Armand Swart, Director Introduction The civil litigation process demands disclosure: Parties are expected to lay their cards [...]
Beware of boilerplate dispute resolution clauses
by Jones Antunes, Director, and Tshegofatso Matlou, Associate Parties all too often, when negotiating agreements, agree to dispute resolution clauses without first understanding the implications of [...]
GLI: Litigation & Dispute Resolution Laws and Regulations 2026 | South Africa
by Corlett Manaka, Director and Head of Disputes, Faith Sikhavhakhavha, Director, and Amogelang Magano, Senior Associate The South African chapter of GLI: Litigation & Dispute Resolution [...]
Transnet N1 Culemborg Eviction
By Brendan Olivier, Director and Kristen Elliott, Senior Associate The Western Cape High Court has ordered the eviction of over 160 illegal occupiers from Transnet-owned land [...]
Constitutional subsidiarity: An important clarification
by Dakalo Singo, Director and Head of Pro Bono Constitutional subsidiarity is an important principle of South African law. While the term sounds technical, the principle [...]
Does the Public Procurement Act provide for an effective dispute resolution mechanism?
by Sarah Moerane, Director and Koketso Rapoo, Senior Associate The National Treasury published the draft General Public Procurement Regulations and draft Public Procurement Tribunal Regulations ("Draft [...]
The shift in the evaluation criteria in South African public procurement
By Sarah Moerane, Director and Amogelang Magano, Senior Associate South Africa is in the midst of what could prove to be one of the most significant [...]
Untangling the mischief of section 43 of the Electronic Communications Act: A missed opportunity in the Amendment Bill
by Corlett Manaka, Director and Head of Disputes, Akhona Bilatyi, Director and Koketso Rapoo, Senior Associate On 12 March 2026, the Minister of Communications and Digital [...]
From policy direction to regulation: Is South Africa finally achieving rapid deployment?
by Corlett Manaka, Director and Head of Disputes, Akhona Bilatyi, Director and Kuhle Joja, Associate In September 2024, we published an article examining whether Government was [...]
A safe voice or silent risk: An attempt at reforming whistleblower protection through the Protected Disclosures Draft Bill
by Harold Jacobs, Director, Luyanda Lebepe, Senior Associate and Kian Steytler, Candidate Attorney The case of Babita Deokaran, a senior official at the Gauteng Health Department [...]
The Banks Win on Appeal: SCA Overturns R704 Million High Court Judgment
by Tshegofatso Matlou, Associate, reviewed by Jones Antunes, Director In the decision of African Banking Corporation of Zambia Limited and Others v Mapula Solutions (Pty) Ltd [...]
Service under court online: what litigants need to know
by Teresa Thomas - Candidate Attorney and reviewed by Walid Brown - Director Gone are the days when a missing stamp or a misplaced proof of [...]
Delivering notices to shareholders: it’s time for companies to consider more efficient and cheaper methods
Download Article by Brendan Olivier - Director Company secretaries and corporate legal advisors will know the difficulties, time and costs involved, when engaging in the [...]
A welcome step towards legislative reform of Class Actions in South Africa
Current regulatory framework for class actions in South Africa The South African Law Commission (as it was known at the time) published a report in August [...]
The Transaction Did Not Flow
On the 10th of October 2024 the majority judges of the Supreme Court of Appeal upheld an appeal against an order granted by the full [...]
Is Government Moving in the Same Direction: Will Rapid Deployment of Electronic Communications Networks Facilities Be Realised Soon?
Kuhle Joja- Candidate Attorney Over a decade ago, the national department of communications recognised that the lack of always- available, high speed and high quality bandwidth [...]
Liability for defamation by AI
Generative AI has exploded into the public consciousness and into widespread use with the emergence of language processing tools (or large language models (LLMs)) such as [...]
Proving claims in an insolvent estate – basic principles reaffirmed
In the recent case of Firstrand Bank Limited v the Master of the High Court and others handed down on 29 September 2023, Potterill J in [...]
Interest factor
and Lwazi-Lwandile Simelane, Candidate Attorney In circumstances where a debt arises and the interest rate is not specified, either by contract of by operation of law, [...]
The Financial Services Tribunal’s position on the withholding of a pension benefit pursuant to a criminal complaint
In this article we will discuss the extent to which employers may withhold a pension benefit if such employer has only laid a criminal complaint against [...]
The extent of an arbitrator’s jurisdiction
In the recent decision of Dis-Chem Pharmacies Limited v Dainfern Square (Pty) Ltd & Others[1] the Supreme Court of Appeal ("SCA") was required to determine [...]
When do arbitration awards prescribe?
When does an arbitration award prescribe? Does an award even attract its own period of prescription? The short answer is that it depends on the [...]
Is the refusal of a provisional sequestration order appealable?
On 14 April 2023, the Supreme Court of Appeal ("SCA") delivered judgment in the matter of Liberty Group Limited ("Liberty") and Mohammed Shaaz Moosa ("Moosa")[1]. [...]
Cybercrimes and Business Interruption
by Darren Willans, Director, Sarah Passmoor, Director and Chiara Ferri, Candidate Attorney Cybercrimes and Business Interruption Cybercrimes and Business Interruption are becoming increasingly prevalent in the [...]
