Tag: SouthAfricanLaw

A Non-Disclosure Agreement (NDA) creates a protected space in which parties can exchange commercially sensitive information. Yet a few apparently innocuous words dealing with information retained in “unaided memory” may materially reduce that protection. In extreme cases, they may undermine the commercial purpose of the NDA itself.

A brand runs an on-pack promotion: buy a product, find the code inside, enter it on an app, and you might win a prize.  The prize could range from a free lunch to an all-expenses-paid trip to Paris. Thousands of people enter, and a winner is drawn. The marketing team would love to announce the winner with a photograph and a celebratory post on social media. However, the winner would rather not.

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.

The Plaintiffs operated restaurant businesses and appointed the defendant as their insurance broker. The defendant's mandate required it to procure commercial insurance on the Plaintiffs' behalf. On 4 June 2019, the defendant obtained policies from Renasa Insurance Company Ltd. However, these policies did not include an extended business interruption clause covering losses arising from infectious disease outbreaks.

As gene therapy technologies continue to reshape modern medicine, patent law increasingly faces a difficult task. Courts must distinguish products of nature from genuine biological engineering. They frequently decide whether inventions involving genetic material represent technological innovation or merely identify naturally occurring biological features.

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.

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.

In a world where love knows no borders, the law still does. For same-sex couples in South Africa, the journey toward equality has included landmark legal victories. These range from the legalisation of same-sex marriage to the recognition of life partnerships in inheritance law. However, one critical factor still shapes how estates are distributed. That factor is domicile.

The Supreme Court of Appeal’s (SCA) decision in Msibithi Investments and Others v African Legend Investment and Others [2025] ZASCA 61 is a clear reminder that the power to declare a director delinquent under section 162 of the Companies Act 71 of 2008 (Companies Act) has real teeth.

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.