Tag: High Court

Four years after a seemingly ordinary dinner ended in emergency surgery, the Western Cape High Court has served up a stern warning to the hospitality industry. If a hazardous object reaches a diner’s plate, negligence may be inferred unless the restaurant can prove otherwise.

In a bold move to overhaul a justice system buckling under the weight of unprecedented gamesmanship by defendant counsel in delaying court dates, South Africa's high courts will institute mandatory mediation for civil cases before any trial dates are assigned. This sweeping directive was issued on 14 April and is slated to take effect in May 2025.

As Artificial Intelligence (AI) continues to transform almost every aspect of modern life, including legal research, a recent High Court judgment again showed just how perilous blind reliance on AI can be. By citing non-existent case authorities, likely generated by AI, an attorney’s firm landed in hot water, racking up costs and facing a referral to the Legal Practice Council.

Recently, the Johannesburg High Court dismissed a personal injury case against an institution. The court found no evidence of negligence or wrongdoing on its part. In recent years, South Africa has witnessed a growing trend of litigation.

South Africa's Constitution is clear and unambiguous. Every person has the right to resolve disputes through the application of law. A fair and public hearing must adjudicate these disputes before a court or, when appropriate, an independent tribunal or forum. This right is more than a procedural safeguard; it is a core principle enshrined in the constitutional framework.

A traditional healer's income loss claim in a recent High Court case highlighted the complexities of compensating for personal injuries.

The Supreme Court of Appeal has backed Commissioner Kieswetter and issued a stern warning to all South Africans to refrain from assisting others in evading their tax obligations. Where you are caught, South African Revenue Service (SARS) will go after your personally. This is now settled law in South Africa and directors or companies, tax advisors, lawyers, accountants, or even payroll professionals can find themselves on the hook.

A landmark high court ruling found that business rescue practitioners can't "have their cake and eat it too". The case involving sugar giant Tongaat Hulett, balances the principles of corporate rescue with the broader societal imperatives of industry regulation.

The nature of guarantees has once again been dealt with decisively by the Supreme Court of Appeal (SCA) this time in the matter between Bonifacio and another vs Lombard (Bonifacio). A guarantee is an obligation to make payment upon the occurrence of an event.

The Promotion of Access to Information Act 2 of 2000 (PAIA) is an empowering piece of legislation and allows that secretes cannot be hidden in the shadows. The matter of The Health Justice Initiative vs The Minister of Health provides insight from a regulatory point of view, not only since it has consequences for the privacy and information regime but also the procurement regime.