[NEWS AND INSIGHTS]
Knowledge is Power.
Discover useful information and legal guidance relevant to the work we do.
Credibility Wins Cases: Lessons from Rippel v ABSA Brokers
As a young attorney, I had the privilege of acting as attorney of record for ABSA Brokers in Rippel v ABSA Brokers (Pty) Ltd (3198/2009) [2009] ZAKZDHC 49 (30 October 2009). The case serves as an excellent illustration of how courts resolve factual disputes and how witness credibility can...
When Arbitrators Overstep: A Caution from the SCA
In the 2007 case of Gutsche Family Investments (Pty) Ltd and Others v Mettle Equity Group (Pty) Ltd and Others [2007 (5) SA 491 (SCA)], the Supreme Court of Appeal delivered a key ruling on the limits of arbitral jurisdiction—especially in the context of appeal arbitrators under the AFSA Rules. At...
Arbitration and the Limits of Judicial Review: Telcordia v Telkom
— A Brief Overview of the SCA’s Landmark Ruling In Telcordia Technologies Inc v Telkom SA Ltd 2007 (3) SA 266 (SCA), the Supreme Court of Appeal reaffirmed the limited role courts play in reviewing arbitral awards. The dispute concerned a multimillion-dollar telecommunications software contract....
George Building Collapse: Investigation Reports are expected in January 2025
The incident On 6 May 2024, a building that would be known as the 74 Victoria Apartments catastrophically collapsed in George, resulting in the tragic death of 34 persons and serious injury to many others. The incident received much media coverage on the day of the incident and the weeks that...
Beware of this CSOS Appeal Pitfall
In Hanekom N O and Others v Nuwekloof Private Game Reserve Farm Owners Association a trust referred a levy dispute with a Homeowners’ Association (“the HOA”) to the Community Schemes Ombud Service (“CSOS”) for resolution. The CSOS Adjudicator found in favour of the trust. The HOA thereafter...
What is meant by a ‘reasonable prospect’ of business rescue?
The first time the Supreme Court of Appeal had to deal with the concept of business rescue was in the matter of Oakdene Square Properties (Pty) Ltd v Farm Bothasfontein (Kyalami) (Pty) Ltd (609/2012) [2013] ZASCA 68 (27 May 2013). In that matter, the Court confirmed that business rescue had...
When will liquidation proceedings be suspended by a business rescue application?
The crisp issue that was decided by the Supreme Court of Appeal in the matter of Lutchman N.O. and Others v African Global Holdings (Pty) Ltd and Others was when exactly a business rescue application is ‘made’ under s 132 of the Companies Act 71 of 2008 (“the Act”). Section 131(6) of the Act...
Do you know the difference between a contract and an agreement?
It is said that all contracts are agreements but not all agreements are contracts. In business we tend to use the terms ‘agreement’ and ‘contract’ interchangeably, which is fine most of the time, but not always. There is also a general perception that a contract only comes into existence when it...
Mediation as ADR
Mediation is an alternative form of dispute resolution where an independent third party (called a mediator) facilitates a settlement between the parties. The process is voluntary meaning that it requires the consent and co-operation of both parties to be used. High Court Rule 41A requires...
An arbitrator’s right to be wrong.
In a judgment handed down earlier this year, the South Gauteng High Court restated the legal principles for reviewing an arbitration award. Any party who seeks to challenge an arbitration award under s 33(1) of the Arbitration Act 42 of 1965 would be well-advised to bear in mind the following...