Tag: litigation
Strategic litigation decisions and prescription – a cautionary tale
On 10 April 2016, the plaintiff was admitted to a private hospital complaining of pain in her left knee. Unbeknown to anyone at the time, the plaintiff had suffered a ruptured aneurysm in her popliteal artery. The rupture resulted in limited blood flow to her lower left leg.
Resolving business disputes – smarter alternatives to litigation
There is a moment in most disputes when emotion overtakes economics. Pride digs in. Letters become sharper. Threats of court proceedings follow. Yet, by the time a matter reaches trial, the real question often lingers in the background: was the game worth the candle?
Dormant litigation dismissal – when does delay become prejudicial?
In a recent Johannesburg High Court judgment, the plaintiff, Karanie, instituted an action against the life insurer, the defendant, in December 2012. The claim sought payment of benefits allegedly due under a life insurance policy. The defendant defended the action and filed a counterclaim to recover payments already made under the policy.
Condonation in the court – when procedure depends on the player
Two recent Tax Court judgments produced markedly different outcomes. These outcomes raised questions about condonation in the court. In particular, they highlighted uncertainty in how condonation principles apply. Practitioners often recognise this tension. However, case law rarely states it so directly.
Clarifying prescription in medical malpractice cases
The recent Eastern Cape Division of the High Court judgment in N[...] v Member of the Executive for the Department of Health, Eastern Cape serves as a critical reminder of the intricacies surrounding prescription in medical malpractice claims. This is particularly relevant where the claimant is a layperson with limited medical knowledge.
From heir to litigant – when beneficiaries can take legal action
When a trust suffers a loss through negligence, misconduct or mismanagement, can the beneficiaries take legal action directly against a third party? The answer is nuanced. Recent legal developments, such as the McCann vs McCann case in the KwaZulu-Natal High Court, are bringing new clarity to the rights and remedies available to trusts and their beneficiaries.
Employment Equity (EE) – manufacturing reality check
South Africa’s Employment Equity Amendment Act (EEAA) came into effect on 1 September 2025. This followed the Gauteng High Court’s dismissal of an urgent application to halt its implementation. The government aims to enforce sectoral targets on race and gender representation to accelerate transformation. However, beneath the policy rhetoric lies a complex reality that many employers, particularly in manufacturing, will struggle to manage.
Negligent driving – court confirms consequences
The Western Cape Division of the High Court recently delivered a significant judgment in Noluvuyo Simayile-Sigijimi vs Road Accident Fund. This case highlighted key issues of negligence and liability in pedestrian-related road accident claims.
Balancing AI and human strategy in legal practice
Artificial intelligence (AI) tools are rapidly transforming legal workflows. They now accelerate research, streamline contract analysis and enhance eDiscovery. But while these tools offer impressive speed and pattern recognition, they still cannot replace the strategic judgement, foresight and nuance that define quality legal practice.
VAT input claims – a costly legal lesson
A recent Supreme Court of Appeal (SCA) ruling should deliver a stark warning to businesses claiming input Value Added Tax (VAT) deductions without a watertight legal foundation. In Aveng Mining Shafts & Underground v CSARS (1192/2023) [2025] ZASCA 20, the SCA sided with South African Revenue Service (SARS) and disallowed almost R17.5 million in VAT input claims.
