LITIGATION ARTICLES
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Personal Injury Claims: Understanding Duty of Care, Negligence, and Contributory Negligence in Public Liability Cases
A discussion of Stephens v Minister of Police (21884/2017) [2025] ZAWCHC 72 (28 February 2025). Introduction to Legal Principles In personal injury cases, several legal
POPIA Compliance in Legal Defence: Balancing Surveillance Evidence and Privacy Rights in South Africa
#POPIA #PrivacyLaw #SurveillanceEvidence #LegalDefense #DataProtection #SouthAfricanLaw” The case of De Jager v Netcare Limited (2025) addresses critical questions about privacy rights, surveillance evidence, and corporate accountability under
Section 7 of PAJA and the 180-Day Review Period: Key Principles and Case Law
South Africa’s Promotion of Administrative Justice Act (PAJA) is a law designed to ensure fairness and transparency in government decision-making. PAJA aims to make government
Understanding Dog Bite Liability in South Africa: Legal Principles and Case Law Insights
Introduction In South Africa, the legal framework surrounding dog bites is primarily governed by two significant principles: actio de pauperie and actio legis aquiliae. The actio de pauperie imposes strict
Artificial Intelligence in Dispute Resolution: An Emerging Landscape
Introduction: The Promise and Challenges of AI in South African Dispute Resolution Artificial intelligence (AI) is transforming industries worldwide, including the legal sector. In South
South African Contract Law: Reviving Lapsed Agreements and the Pitfalls of Unfulfilled Suspensive Conditions
Introduction to Legal Principles Vantage Goldfields SA (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Another, decided by the Supreme Court of Appeal
Suretyship Agreement Validity: Initials as Signatures in South African Contract Law
This article discusses Billion Property Developments v Nevzomark (Pty) Ltd and Ali Ozer, an October 2024 decision. Introduction This case, heard in the High Court
A Landlord’s Tacit Hypothec in Business Rescue: The Case of Ergomode and Sakhile
Introduction to the Legal Principles A landlord’s tacit hypothec is a common law form of real security that allows landlords to claim movable property of
Supreme Court of Appeal Rules on Binding Nature of Expert Report in Oil Metering Dispute
A discussion of Krohne (Pty) Ltd v Strategic Fuel Fund Association (476/2023) [2024] ZASCA 99 (14 June 2024) Introduction This article discusses a legal dispute
Understanding Judicial Recusal in South African Law
In South African law, the recusal of a judge refers to the process by which a judge is disqualified from presiding over a case due
South Africa’s Triumph for Press Freedom: Repealing Criminal Defamation Laws
The repeal of criminal defamation in South Africa, enacted through the Judicial Matters Amendment Act No. 15 of 2023, is a significant advancement for press
Penalty Clauses in Restraint of Trade Agreements: The Case of Braddon Mc Cleland
Introduction In the Braddon Mc Cleland (Pty) Ltd t/a Network Associates v Calvin Le Roux case, the Eastern Cape High Court grappled with the enforceability