South Africa: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Can A Party Rely On The Delegation Of A Duty To Escape Delictual Liability?

The South African Supreme Court of Appeal ("SCA") handed down judgment in Pick ‘n Pay Retailers (Pty) Ltd ("Pick ‘n Pay") v Williams and Another on 26 January 2026.

South Africa Litigation

E

ENS

Supreme Court Of Appeal Clarifies When Forfeiture Proceedings Are Truly "Pending" Before The High Court

The Prevention of Organised Crime Act 121 of 1998 ("POCA") was enacted to tackle organised crime and cases of serious wrongdoing by individuals.

South Africa Litigation

E

ENS

Mandatory Mediation: Panacea, Placebo Or Problem?

In November, Herbert Smith Freehills Kramers' Johannesburg office celebrated its 10-year anniversary in South Africa. As part of the celebrations, the office's Dispute Resolution team hosted a seminar titled...

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

The Legal Process For Reporting Elder Abuse In South Africa

Protecting older persons from abuse is both a legal duty and a social responsibility. The Older Persons Act 13 of 2006 ("the Act") places clear obligations on individuals, professionals and communities...

South Africa Litigation

BI

Barnard Inc.

Tying Up The Loose Ends - Mediation Is A Must Unless Exceptional Circumstances Exist

South Africa Litigation

E

ENS

The Guide To Dispute Resolution In Africa 2025

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

Sufficient Knowledge, Not Suspicion: Clarifying Prescription In Medical Malpractice Cases

South Africa Litigation

AA

Adams & Adams

Enrichment Claims And The Application Of The Institution Of Legal Proceedings Against Certain Organs Of State Act

South Africa Litigation

E

ENS

Guardrails For Judicial Accountability And The Limits Of Judicial Misconduct

South Africa Litigation

E

ENS

Inadmissible Evidence Does Not Become Admissible Simply Because It Is The Best Evidence Available

South Africa Litigation

E

ENS

A Party Relying On Compromise Bears The Onus Of Proof

South Africa Litigation

E

ENS

The Manner In Which A Decision Is Taken To The SCA For Reconsideration And Variation

South Africa Litigation

E

ENS

Resolving Arbitration Related Disputes In The Public Interest - New Directive Accelerates Resolution Of Arbitration Disputes

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Curbing Vexatious And Abusive Legal Proceedings

South Africa Litigation

E

ENS

Use Of AI In Schools: The Legal And Ethical Risks

South Africa Technology

E

ENS

Stronger Together, Smarter Together: Tech-driven Collaboration In The Mining Sector

South Africa Energy

E

ENS

Data Privacy Day – An African Perspective: Turning Responsibility Into Competitive Advantage

South Africa Privacy

E

ENS

SARS Customs Update

South Africa International

SG

SNG Grant Thornton

The Consequences When Insured Parties Fail To Disclose The Truth

South Africa Insurance

BI

Barnard Inc.

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Disclosure & Electronic Discovery & Privilege

Video Evidence Seals The Deal: High Court Enforces Suretyships

In a recent judgment delivered by the Gauteng Division of the High Court, the Plaintiff, a major financial institution, sought a monetary judgment against the Defendants...

South Africa Litigation

AA

Adams & Adams

Balancing Disclosure In South African Courts: Rule 53; Rule 35; And Judicial Discretion

In South African law, the disclosure of documents is regulated by two distinct provisions: Rule 53 and Rule 35 of the Uniform Rules of Court.

South Africa Litigation

FW

Fairbridges

Uncover The Truth With EDiscovery: Safeguarding Your Organisation From Internal Fraud Beyond Litigation

eDiscovery refers to the role of teams that specialise in providing support to various internal corporate functions, particularly legal, risk and compliance, to manage evidentiary obligations...

South Africa Litigation

E

ENS

Pre-Litigation Discovery

South Africa Litigation

F

Fasken

South Africa Legal Privilege Meets Journalistic Freedom Of Expression

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

e-Discovery And What It Means For Legal Practitioners In SA

South Africa Litigation

SI

SchoemanLaw Inc.

Anton Piller Orders: Preserving Evidence On An Urgent Basis

South Africa Litigation

Tf

Tabacks

International Arbitration Comparative Guide

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

Discovery – Who Calls The Shots

South Africa Litigation

Vd

Vasco de Oliveira Inc.

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Arbitration & Dispute Resolution

Can A Party Rely On The Delegation Of A Duty To Escape Delictual Liability?

The South African Supreme Court of Appeal ("SCA") handed down judgment in Pick ‘n Pay Retailers (Pty) Ltd ("Pick ‘n Pay") v Williams and Another on 26 January 2026.

South Africa Litigation

E

ENS

Mandatory Mediation: Panacea, Placebo Or Problem?

In November, Herbert Smith Freehills Kramers' Johannesburg office celebrated its 10-year anniversary in South Africa. As part of the celebrations, the office's Dispute Resolution team hosted a seminar titled...

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Arbitrators Cannot Decide Constitutional Invalidity In Public Procurement

The Supreme Court of Appeal ("SCA"), in NAD Property Income Fund v Bushbuckridge Municipality, delivered a judgment on Thursday 4 December 2025 concerning the power...

South Africa Government

E

ENS

The Guide To Dispute Resolution In Africa 2025

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

But Who Will Keep Our Pets?

South Africa Family

AA

Adams & Adams

Why Information Technology (IT) Projects Fail: Identifying The Correct Stakeholders

South Africa Media & IT

E

ENS

A Party Relying On Compromise Bears The Onus Of Proof

South Africa Litigation

E

ENS

Resolving Arbitration Related Disputes In The Public Interest - New Directive Accelerates Resolution Of Arbitration Disputes

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Curbing Vexatious And Abusive Legal Proceedings

South Africa Litigation

E

ENS

See more

Court Procedure

Subpoenaed Under Section 417 – What Are Your Rights And Obligations?

Being subpoenaed to appear at a Section 417 enquiry can feel daunting, especially if you're unfamiliar with the process.

South Africa Government

BI

Barnard Inc.

What Litigators Do All Day

Most people experience litigation in two ways: the jolt of the initial demand and the bill that follows a month later. In between, the matter can feel like a sealed container – documents...

South Africa Litigation

BI

Barnard Inc.

The Admissibility Of Video Evidence In Motion Proceedings

In FirstRand Bank Ltd v Ayob and Another, the Gauteng Division of the High Court of South Africa in Pretoria had to consider whether video footage may be admissible as evidence in motion proceedings.

South Africa Litigation

E

ENS

Changes To The Enrolment Procedure And Related Aspects Of The Opposed Motion Court In Johannesburg

South Africa Litigation

E

ENS

Joinder Of Third Party In Slip And Fall Case: A Legal Analysis

South Africa Litigation

AA

Adams & Adams

Application To Strike Out, Struck Out!

South Africa Litigation

FW

Fairbridges

Wescoal Judgment On Post-Commencement Creditors – How The Appeal Proceedings Affect Its Enforceability.

South Africa Litigation

BI

Barnard Inc.

The 180-Day Period In PAJA

South Africa Litigation

E

ENS

The Revival Of An Agreement That Lapsed For The Failure To Fulfil Conditions Precedents

South Africa Litigation

E

ENS

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Trials & Appeals & Compensation

Supreme Court Of Appeal Clarifies When Forfeiture Proceedings Are Truly "Pending" Before The High Court

The Prevention of Organised Crime Act 121 of 1998 ("POCA") was enacted to tackle organised crime and cases of serious wrongdoing by individuals.

South Africa Litigation

E

ENS

Beneficiary Disputes In Living Annuities: A Wake-up Call For Insurers And Advisers

On 6 January 2026, the Pretoria High Court handed down a judgment in a case pertaining to insurance living annuity.

South Africa Insurance

AA

Adams & Adams

The Legal Process For Reporting Elder Abuse In South Africa

Protecting older persons from abuse is both a legal duty and a social responsibility. The Older Persons Act 13 of 2006 ("the Act") places clear obligations on individuals, professionals and communities...

South Africa Litigation

BI

Barnard Inc.

Fire In The Hole – When Names Spark A Passing-off Battle

South Africa IP

E

ENS

Tying Up The Loose Ends - Mediation Is A Must Unless Exceptional Circumstances Exist

South Africa Litigation

E

ENS

Subpoenaed Under Section 417 – What Are Your Rights And Obligations?

South Africa Government

BI

Barnard Inc.

Interdict, Appeal, Review: Dissecting The Limits Of Interim Relief In HPCSA Matters

South Africa Healthcare

AA

Adams & Adams

The Peremptory Requirements Applicable Prior To Suing A Judge

South Africa Criminal

E

ENS

Enrichment Claims And The Application Of The Institution Of Legal Proceedings Against Certain Organs Of State Act

South Africa Litigation

E

ENS

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Latest Videos

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Young AFSA Webinar – Session 3 (Video)

Deale Attorneys

The CBN Naira Redesign And The Supreme Court Ruling; What You Should Know. (Video)

TT

The Trusted Advisors

ZC

Zenas Chambers, ChimwaMurombe Legal Practice

State Capture Inquiry | Steven Powell And Dudu Myeni Testify | 1 (Video)

E

ENS

Dispute Resolution (Video)

SI

SchoemanLaw Inc.

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