Tag: Maano Manavhela
High Court compels disclosure of London arbitration record
On 22 December 2025, the KwaZulu-Natal High Court delivered an important judgment in The National Ports Authority, a division of Transnet (SOC) Ltd vs The Owners and Underwriters of the MV Smart [Case No. A 11/2016]. The court directed that a substantial body of documents produced in confidential London arbitration proceedings be disclosed for related litigation in South Africa. This ruling confirms that the High Court compels disclosure even in cross-border arbitration contexts.
Mandatory mediation – rule reaffirmed by High Court
With effect from 22 April 2025, the Gauteng Division of the High Court introduced mandatory mediation before civil trials. As a result, parties must first undergo mediation before applying for a trial date. In practical terms, mediation is not optional in civil litigation within this division.
Withdrawal of admissions and compromise – SCA confirms limits
In a recent judgment, the Supreme Court of Appeal (SCA) reaffirmed the principles governing pleadings and settlement finality. The court focused on the withdrawal of admissions and compromise. In Road Accident Fund vs Sarah Wilson Lewis ([2025] ZASCA 174), the SCA confirmed the strict standards courts apply when parties seek to reopen settled issues. These standards protect the integrity of the litigation process.
Slip-and-fall liability – managing festive foot traffic
December is here, and malls and shopping centres are already overflowing with festive shoppers. The atmosphere feels lively, but it also becomes crowded. As foot traffic increases and trading hours extend, the risk in slip-and-fall claims rises significantly. Summer rains create wet floors. Staff misplace merchandise. Shoppers move quickly and often without caution.
