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

Pulse | SCA rules municipal officials are personally liable for irregular expenditure

Recently, the SCA delivered a groundbreaking judgment in Mbambisa v Nelson Mandela Bay Metropolitan Municipality, finding former officials of the Nelson Mandela Municipality personally liable for incurring irregular expenditure. In this case, the Municipality sought to recover just over R7.6

Pulse | Revenge porn ruling: High Court awards plaintiff R4.3 million in damages in landmark judgment

In a watershed judgment, a victim of revenge porn was awarded civil damages in the amount of R4.3 million after her former fiancé and his wife shared intimate and explicit videos and images of her on Facebook. In the recent

Pulse | Encroaching branches make bad neighbours: A brief overview of legal recourse in arboreal disputes

Consider the following hypothetical scenario: Ten years ago, your neighbour planted several fig trees along the wall bordering your properties. Today, the branches hang over your wall, the leaves litter your yard and clog your gutter, and the roots appear

Newsflash | The Vodacom ‘Please Call Me’ Saga: Massive Payout Beckons for Former Employee After SCA Ruling

In November 2000, Kenneth Makate – who was then employed as Finance Manager at Vodacom – proposed that the mobile operator introduce a mechanism which allowed users with no credit to notify others to contact them. This idea purportedly developed

Litigation vs Arbitration

What is the difference between litigation and arbitration; two processes of dispute resolution in South Africa? In this article, I review the basic elements of each as well as the benefits and pitfalls one experiences when going through either. This

Buchanan’s Brief | Issue 1 of 2017 | Is Polly, ‘Flaffie’ Or Your Beloved Ikati Welcome In Your Sectional Title Home?

The new Community Schemes Ombud Service Act is designed to simplify the resolution of disputes between sectional title scheme body corporates and home owners, including those pesky problems with pets.

Buchanan’s Brief | Issue 1 of 2017 | Challenging A Signed Contract Based On Prior Verbal Discussions

A signed contract is presumed to set the terms of an agreement in stone. But can such a contract subsequently be challenged based on prior verbal discussions, possible tacit understandings and perceived ambiguity or vagueness?