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Dispute Resolution

Description
Legislation

Dispute Resolution News & Insights

This section examines dispute resolution rules, legislation and procedures, as well as matters which have been resolved through negotiation, mediation, arbitration, collaborative law and litigation.

Blessing ceremony

In Botha v Steyn [2021] 4 All SA 87 (KZD), legal requirements of wedding ceremonies, if no marriage was contracted between the plaintiff and the defendant, there could be no talk of a decree of divorce. Existence of marriage where alleged wedding ceremony did not…

Provided By LexisNexis

by Merilyn Kader

Oops! A failure to pay maintenance can haunt you for up to 30 years

Did you know that the failure to pay maintenance in terms of a court order can haunt you for up to 30 years? Simon Roy Arcus (“Mr Arcus”) found this out the hard way when the Supreme Court of Appeal (“SCA”) handed down judgment in Arcus v Arcus (4/2021) [2022] ZASCA 9 and …

Provided By Eversheds Sutherland

by Helen Westman

What’s the biz with interdicts?

Introduction Have you ever felt endangered to the degree that you wished to seek a restraining order or felt compelled to stop a neighbour from infringing...

by Raeesa Ebrahim Atkinson

The long and the short of evicting a tenant from a residential property

South Africa’s unemployment has reached an all-time high and the number of South Africans defaulting on their rent confirms that many are struggling financially. In...

by Nicolene Schoeman-Louw

Medical malpractice claims – Why it pays to have an experienced legal team on your side

The investigation and prosecution of medical malpractice claims has become an important part of the portfolio of services offered by many attorneys. Yet it remains...

by Jean-Louis La Grange

Costs in Labour Courts

In National Union of Mineworkers obo Masha and Others v Samancor Limited (Eastern Chromes Mines) and Others 2021 (10) BCLR 1191 (CC), LAC erred in departing from the general rule...

by Merilyn Kader

Testing the limits of the Protection of Personal Information Act 4 of 2013 (POPIA)

The movement towards data protection and data privacy has been topical internationally. For example, in South Africa, POPIA regulates the lawful processing of personal information...

by Nicolene Schoeman-Louw

The country engulfed in flames & smoke – What it means for insurers and insured businesses?

It is fast becoming a normality to wake up to the reports of fire break outs in South Africa. Since the July 2021 civil unrest,...

by Mtho Maphumulo

Common law derivative action survives for close corporations despite Companies Act

In the recent decision in Naidoo and Another v The Dube Tradeport Corporation and Others the Supreme Court of Appeal yet again had cause to...

by Lizelle Donaldson

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Litigation hungry Plaintiff attorneys or poor management – Who is the real culprit behind the RAF’s astronomical legal bill?

The sudden and unexpected implementation of the Road Accident Fund’s controversial Management Directive had many attorneys up in arms not so long ago. Whilst the...

by Jevonne Le Roux

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