Dispute Resolution

On 26 June 2026, the Competition Commission published draft Terms of Reference for a proposed market inquiry into South Africa’s franchising sector. The market inquiry is initiated because the Commission believes that features in the industry may impede, distort or restrict competition in the South African franchise industry. The proposed inquiry matters because franchising is […]

FACTUAL BACKGROUND The plaintiff issued summons against the defendant for payment of R696,002.42, together with interest and costs. The claim was founded upon an Acknowledgement of Debt (“AOD”) concluded between the parties on 21 July 2020 at Bloemfontein. In terms of the AOD, the defendant acknowledged being truly and lawfully indebted to the plaintiff in […]

Introduction The recent decision in Dimension Church v. Church Mutual Insurance Company, S.I. offers a instructive reminder of the exacting standards that apply when an insurer seeks to cancel a policy for non-payment of premiums. At its core, the judgment turned on a deceptively simple question: did the insurer send its cancellation notice to the […]

Key Developments Affecting Civil Litigation in Gauteng Discussions at the Civil Law Update Seminar held on 22 May 2026, hosted by the Pretoria Attorneys Association, provided important insight into the continued implementation of the Gauteng Division’s mandatory mediation framework and court operations affecting civil litigation in the division. The mediation directive has significantly reduced congestion […]

Construction adjudication is often treated as interim, with arbitration or litigation waiting as the final forum. In a judgement delivered by the Eastern Cape Division, Makhanda on 30 April 2026, Krüger AJ warned that this assumption is only as good as the contract: adjudication is as provisional, revisable, or arbitral as the agreement provides. Where […]

Introduction On 18 May 2026, the Constitutional Court handed down a unanimous judgment in Solidarity Trade Union and Others v Minister of Health and Others, confirming the order of constitutional invalidity made by the Pretoria High Court. The matter concerned the constitutionality of sections 36 to 40 of the National Health Act 61 of 2003, […]

Facts On 10 April 2016, the Plaintiff was admitted to a private hospital complaining of pain in her left knee. Unbeknown to anyone at the time, the Plaintiff had suffered a ruptured aneurysm in her popliteal artery, resulting in limited blood flow to her lower left leg. The rupture went untreated for a critical period, […]

In the first revision since 2017, Minister of Trade, Industry and Competition, Parks Tau, has gazetted amendments to the merger notification thresholds and filing fees effective from 1 May 2026. The amendments, published on 8 May 2026, confirm the previously proposed draft thresholds and filing fees, as set out below. Category New threshold and filing […]

Practitioners appearing in full court appeals have long worked on the assumption that Rule 49(13) of the Uniform Rules applies whenever an appeal is directed to the full court of a division of the High Court – regardless of who granted leave. That assumption has now been tested and found wanting. In Koopman v Minister […]

The judgment of the Free State Division of the High Court, delivered on 19 March 2026, serves as a compelling reminder that the decisions of professional regulatory bodies are not beyond scrutiny. The case concerned a Rule 53 review application brought by the applicant, a qualified accountant and Associate General Accountant member of the South […]

10-Months into Operation 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. The main objective of the directive was to address the severe backlog in the civil trial roll and to restore the […]

In the realm of business rescue, where financially distressed companies are given an opportunity for rehabilitation, a critical question arises: when does the conduct of a business rescue practitioner cross the threshold from mere error or misjudgement into personal liability for the company’s debts? The recent Supreme Court of Appeal judgement in Africa Agriculture and […]

Section 11 of the Competition Act 89 of 1989 (“Competition Act”) empowers the Minister of Trade, Industry and Competition to determine, and to amend, merger thresholds and the method for calculating them. After almost a decade since the last adjustment, Minister Parks Tau has published draft amendments to the merger thresholds for public comment. The Minister has also proposed amendments to the filing fees applicable to […]

Background The SCA, on 27 January 2026, delivered a judgment with significant and far-reaching implications for the insurance industry, particularly liability insurers. The matter pertained to a delictual claim for personal injuries suffered by the respondent after she fell from a moving safari truck during a Southern African tour operated by the applicant’s touring division. […]

Introduction In a recent high value judgment granted in favour of the Standard Bank of South Africa Limited (“SBSA”), the Johannesburg High Court provided important clarity on the post-rescue enforceability of guarantees and suretyships, and demonstrated the importance of a well-drafted security package. The dispute at a glance Action proceedings were instituted by SBSA against […]

Pension fund contributions are not discretionary payments; they are statutory obligations. Employers who fail to comply with these requirements not only prejudice their employees but also risk significant legal consequences. This principle was recently reinforced in Engineering Industries Pension Fund & Metal Industries Provident Fund v Installair (Pty) Ltd & Others.   The Issue at Hand  […]

Introduction Recently, the Johannesburg High Court dismissed a personal injury case against an institution, finding no evidence of negligence or wrongdoing on its part. In recent years, South Africa has witnessed a growing trend of litigation, with an increasing number of lawsuits being filed—even in cases where the objective facts do not justify legal action. […]

After a long period of uncertainty relating to advisory opinions by the Competition Commission, a new regulation has been published by the Department of Trade and Industry which reintroduces non-binding Advisory Opinions. An advisory opinion is a written opinion by the Commission that provides the Commission’s interpretation of the Competition Act, 89 of 1998, applied […]

On 16 October 2024, the Pretoria High Court delivered a judgment in an insurance case where the insurer had repudiated the policyholder’s claim on three grounds: The policyholder drove at an excessive speed, showing reckless behaviour; The policyholder allegedly misrepresented facts in his claim by stating he was avoiding a dog when he lost control […]

Disputes often arise between insurers and policyholders regarding the value of insured property. Some of these disputes are resolved with little difficulty, as the value can be relatively easily established. For example, in cases where a storm causes partial damage to a home and its contents, the insured property remains assessable. However, other disputes are […]

Who Will Guard the Guardians? The political landscape in our country has reached somewhat of a turning point following the national elections which saw the ANC falling below 50% nationally, and no single party winning more than 50% of the vote in provinces like Gauteng and Kwa-Zulu Natal. Coalition governments and the so-called ‘Government of […]

The recent repeal of the crime of criminal defamation in South Africa marks a significant victory for press freedom, and the right to freedom of expression. This significant development, enacted through the Judicial Matters Amendment Act No. 15 of 2023, dismantled a considerable obstacle to the constitutional right to freedom of expression, which subjected journalists […]

President Ramaphosa has promulgated the National Health Insurance (“NHI”) Act (“the Act”). The NHI, in its bill form, has been controversial since its introduction and has attracted significant critique from various stakeholders. It is therefore likely that the Act will be the subject of fierce litigation, sooner or later. Some of the institutions/groups which have […]

A judgment from the High Court of South Africa, Eastern Cape Division, Bisho, serves as a timely reminder for legal practitioners to diligently consult the rules of court before instituting proceedings to avoid the pitfalls that may arise from failing to follow a rule correctly. The applicant sued the first and second respondents, seeking damages […]

Umkhonto Wesizwe Political Party and Another v Electoral Commission of South Africa and Others (0015/24EC) [2024] ZAEC 05 (26 April 2024) On Friday, 26 Aril 2024, the Electoral Court published its heavily anticipated judgment, outlining the reasons for its decision on whether former President Jacob Zuma can contest the polls in the upcoming elections. The […]

In a judgment of 20 February 2024, by the Supreme Court of British Columbia, a lawyer who had relied on case law generated by ChatGPT dodged a figurative bullet when the court found that, given the circumstances of the case, she should not be slapped with a special cost order in her personal capacity. A […]

The directors of a company are tasked with the control and management of the day-to-day operations of a company. Shareholders own the company through the shares which they hold. Shareholders are bound by the decisions of the board of directors as enacted through its resolutions. In principle, the rights which accrue from the ownership of […]

In a judgement delivered on Tuesday 10 January, Judge John Smith dismissed Transport Minister Fikile Mbalula’s appeal against a court order compelling him and Eastern Cape MEC for Transport, Xolile Edmund Nqatha, to develop a comprehensive action plan to stop attacks on Intercape’s long-distance buses. In the minister’s appeal, Mbalula argued that the court erred in requiring […]

Over the past few years, there has been a marked uptake in the trading of crypto assets, such as Bitcoin, Ethereum and Monero. These digital currencies often surpass regulatory scrutiny because they are not recognised as financial products. This has now changed. The Financial Service Conduct Authority (FSCA) has recently provided much-needed clarity on the […]

Courts are not designed to govern. That is the government’s job, involving budget allocations and tough choices, sometimes between life and death. The distribution of powers between the legislature, the executive and the judiciary create a carefully crafted balance, designed to deliver on the vision of the Constitution. If the balance is disturbed, the system […]