Articles Published - Litigation and Dispute Resolution Archives - Page 4 of 7

Pulse | Class action lawsuits: Key updates to the Uniform Rules of Court

In a significant and welcome legal development, amendments to the Uniform Rules of Court (‘the Uniform Rules’) now formally regulate class action litigation in South Africa, effective 19th September 2025. To facilitate the formalisation of class action lawsuits, various updates

Pulse | Assessing section 64 liability: The SCA dismisses prescription defence in trust fraud dispute

Late last month, the Supreme Court of Appeal (‘the SCA’) delivered a decisive ruling in Nicholls v Gaybba – a dramatic case centring on personal liability and the prescription of fraud-related claims under section 64 of the Close Corporations Act.

Newsflash | ConCourt rules husbands can take their wives’ surnames

In a resounding win for gender equality, the ConCourt has unanimously declared that certain provisions of the Births and Deaths Registration Act (‘the Act’) are unconstitutional for failing to allow men to assume their wives’ surnames after marriage. Following a

Pulse | Construction disputes: Why you need a skilled construction law attorney

In South Africa, construction projects are complex, multi-faceted undertakings involving multiple parties, significant financial commitments, and critical timelines. Accordingly, disputes can arise at any stage. However, understanding the typical forms of disputes that occur – and why professional legal guidance

Pulse | Clarifying the bounds of dependency: ConCourt rules on the distribution of death benefits in seminal case

In South Africa, the death of a breadwinner can leave their dependents destitute. Earlier this month, the Constitutional Court handed down a key ruling on the interpretation of section 37C of the Pension Funds Act (‘the PFA’). In a progressive

Newsflash | Please (don’t) call me: Why ConCourt ruled in Vodacom’s favour

Last week, the Constitutional Court comprehensively overruled the Supreme Court of Appeal (‘the SCA’) in the highly publicised case of Vodacom v Makate. The decision adds another twist to the nearly 20-year legal battle over fair compensation owed to Kenneth

Pulse | The case of the fabricated reason for dismissal: A cautionary tale for employers

A recent Labour Court judgment in Mqikela v Pristo Response Trading demonstrates how attempting to disguise the true reason for an employee’s dismissal can backfire — both financially and reputationally. In this key case, the court’s message was clear: Retaliation

Pulse | A lesson in ‘lawfare’: High Court drags ex-husband for vexatious litigation

In a recent judgment, the Western Cape High Court laid down the law in an ongoing and acrimonious divorce battle by declaring an ex-husband a ‘vexatious litigant’ and interdicting him from instituting further proceedings. In this case, the applicant sought

Pulse | Regulating the inevitable: Arbitration body issues guidelines on AI use

In the absence of a legal framework governing the use of artificial intelligence (‘AI’) in alternative dispute resolution (‘ADR’), the Association of Arbitrators (Southern Africa) (‘AASA’) recently introduced AI Guidelines (‘the Guidelines’) in a bid to support the responsible integration

Pulse | Landmark SCA decision denies general damages claim for ‘unconscious’ child

In a landmark ruling in MEC for Health v AAS obo CMMS, the Supreme Court of Appeal (‘the SCA’) recently upheld an appeal by the Gauteng MEC for Health against a High Court decision awarding general damages to a child