Tag: litigation

An interdict can be a powerful remedy for enforcing and protecting one’s rights. An interdict is an order of court that can either restrain someone from engaging in a certain or specific action or compel someone to fulfil a particular or definable obligation.

An exception may be raised when a summons or a pleading has an inherent defect. The main object of raising an exception is to shorten the legal proceedings because it would be unfair or prejudicial to one party if the matter were to continue.

Which are the main factors driving the possibility that a company and its board of directors may be sued by investors or other stakeholder groups in 2023? A poor financial performance or even insolvency amid economic uncertainty and the prospect of a global recession, a lack of robust cyber security and governance processes, or an inadequate or non-compliant response to environmental, social and governance (ESG) issues are among the key risk trends in the Directors and Officers (D&O) insurance space

Discrimination based on one’s appearance is an ever-changing area of law that impacts employees and potential candidates worldwide. Subconscious appearance preferences that are founded on societal norms lead to employees and potential candidates being the subject of discrimination when they fail to meet certain, unilaterally imposed standards.

The National Council of Provinces passed the Employment Equity Amendment Bill (Bill) on Tuesday, 17 May 2022. The bill is in its final stage of promulgation as it has been sent to the President for signing. The Bill will amend the Employment Equity Act 55 of 1998 (Act). 

In a recent Tax Court Judgment handed down on 25 February 2022, the court found in favour of an unnamed taxpayer, admonishing South African Revenue Service (SARS) for their persistent disregard for the time limits prescribed in the rules promulgated under Section 103 of the Tax Administration Act, 28 of 2011 (the Rules).

It is becoming normal to wake up to reports of fires - since the July 2021 civil unrest there have been at least a further four major fire outbreaks reported.

In Kalagadi Manganese (Pty) Ltd and Others v Industrial Development Corporation of South Africa Ltd and Others (2020/12468) [2021] ZAGPJHC 127 (22 July 2021), the court provides some useful comments on the application of High Court Rule 41A requiring litigants to attempt to mediate their dispute, and the question of bad faith mediation.

Early dismissal procedures can be used in international arbitration to dispose of defective claims and defences, without incurring the costs of a full hearing. Speed and efficiency are the main attractions of international commercial arbitration, but there is increasing concern about how long it takes to resolve a dispute, especially in matters where costs are disproportionate to what is at risk.

The R7.1million claim that was recently filed against Woolworths, after a customer stumbled and fell over a packing crate, once again brings the growing liability risks faced by South African businesses into focus. Personal injury claims are increasing in severity with each passing year. Looking at our own statistics, the average intimated values for personal injury (slip-and-trip) claims have risen from R172,600 to R270,690 between 2016 and 2018.