Tag: litigation

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.

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.

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.

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.

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.

Our 5th Global Transaction Solutions Claims Study uncovers emerging trends in insurance claims. The report focuses on Representation and Warranties (R&W), Warranty and Indemnity (W&I) and tax insurance. The study examines claim size, frequency and severity in North America (NA), Europe (including the UK), the Middle East and Africa (EMEA) and Asia and Pacific (APAC).

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.

Can a professional services firm rely on a client’s assurance to avoid notifying its claims-made liability insurer of a claim? This question holds significant importance in claims-made professional liability insurance. The insured must disclose potential claims upon first becoming aware of an error or omission.

The South African Revenue Service (SARS) continues to face challenges in collecting receivables and addressing disputes with taxpayers. The SARS Annual Report for 2023/24 highlights intensified efforts in tax debt collection and dispute resolution. SARS is implementing new strategies and refining processes to tackle challenges in enforcing tax compliance.

The responsibility for the management of an intellectual property (IP) portfolio for any business is a daunting task. For that reason, many entities create a dedicated position within their broader legal team to oversee and safeguard their IP. Having been thrown into this role myself in my career, I have compiled a list of a few tips and tricks which may stand you in good stead on your first day on the job as in-house counsel, tasked with protecting your company’s IP.