Tag: SouthAfricanLaw
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.
The hidden risk in same-sex inheritance – why domicile still matters
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.
Delinquency – the corporate reckoning of directors
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.
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.
