Tag: case law

Clarity counts: SA High Court on pleadings, exceptions, and striking out applications

On 31 August, the Western Cape High Court delivered a decision reaffirming key principles surrounding pleadings, exceptions, and striking out applications. Paul Cartwright and Jessica Blunden of Deneys outline the lessons for clients from Gabriel v Deloitte & Touche Holdings SA (Pty) Ltd and Another [2026] ZAWCHC 460

Beyond the termination clause: the survival of the common law right to terminate

South African courts have recently reinforced a key legal principle relating to whether parties retain their common law right to terminate for repudiation, despite detailed contractual termination provisions. Claudelle Pretorius of Cox Yeats discusses the implications for contract interpretation, construction disputes and risk management.

South Africa: Associated ships and the consequence of staying silent

On 13 August 2026, the Supreme Court of Appeal (SCA) in South Africa upheld the arrest of the mv Haralambos in a decision that will have important implications for the assessment of evidence and the burden of proof in associated ship arrests, writes shipping and logistics expert Jeremy Jeremy Prain of Bowmans

Can an adjudicator decide a dispute that was never referred to him?

Cox Yeats partner Richard Hoal discusses why the recent High Court decision in The City of Cape Town v Pro Khaya Construction CC is of direct importance to every adjudicator, and to every representative of a party in construction adjudication, in South Africa.

South Africa’s top court blocked Shell’s Wild Coast oil search: why it matters for climate justice

On 14 August, the Constitutional Court delivered its long-awaited ruling in the Sustaining the Wild Coast NPC and Others case relating to Shell Energy's oil exploration off South Africa's Wild Coast. Angela van der Berg of the University of the Western Cape looks at the impact of the landmark court decision.

Kenyan lawyers welcome Court of Appeal ruling clarifying foreign companies’ rights to bring proceedings

On 31 July, the Kenyan Court of Appeal overturned a High Court decision in Stichting Rabobank Foundation v Ava Chem Limited & Anor, providing important clarification on the ability of foreign companies to institute proceedings before Kenyan Courts even where they were not locally registered under the Companies Act.

South Africa’s Constitutional Court clarifies key procedural principles in forex cartel litigation

On 30 June, South Africa’s Constitutional Court handed down its judgment in the long-running forex cartel proceedings. Rudolph Labuschagne and Nazeera Mia of Bowman’s Cape Town office examine the practical implications for competition law enforcement and for firms under investigation by the Competition Commission

No short cuts – SA Labour Court reinforces duty to explore medical boarding before dismissal

The South African Labour Court’s decision in Solidarity and Another v Cape Peninsula University of Technology and Ors serves as an important reminder that dismissal for incapacity arising from ill health must truly be a measure of last resort. Chloë Loubser and Pascale Towers of Bowmans explore the lessons for employers.

Reliance on an allegedly implied or tacitly accepted restraint of trade fails

Earlier this month, the High Court in the Northern Cape ruled on a case where an employer wanted to enforce a restraint of trade not included in the written employment contract. Patrick Bracher of Deneys reviews the lessons from Generator and Plant Hire SA (Pty) Ltd v Hall and Another, 2025-220177 (17 July 2026)

Jurisdiction of an arbitrator: Can an arbitrator declare a state contract invalid?

Cox Yeats partner Richard Hoal discusses how NAD Property Income Fund (Pty) Ltd v Bushbuckridge Local Municipality and Another remains an important authority for lawyers and dispute-resolution practitioners considering the limits of arbitration when questions of public procurement legality arise.

Mauritius: Statutory demand - legal framework and recent court developments

Bertrand Cheung, Dave Boolauky, and Ian Sobnack of Bowmans discuss how decisions have shown that courts have adopted a firm and pragmatic approach to the applicability of statutory demand in the Mauritian context.

The limits of arbitral review: why broad legal tests cannot rescue a weak case

In May, the High Court in Pretoria considered the issue of whether an arbitrator's misapplication of legal tests could be grounds for review. Jakop Mphofu and Matthew Du Preez explore the lessons for clients from Profood Africa (Pty) Limited v Wijnbeek and Another [2026] ZAGPPHC 507

What remedy is available to an innocent contractor when a State contract is declared invalid?

On 27 May, South Africa’s Constitutional Court delivered its ruling in Minister of Defence and Military Veterans and Another v Zeal Health Innovations (Pty) Limited. Cox Yeats partner Richard Hoal explores the history of the case, the Court’s rejection of a blanket rule, and practical implications for contractors working on state projects

Can residents compel multiple state entities to fix failing infrastructure?

On 29 May, the High Court in Gauteng handed down a significant judgment on remittal in the matter of Featherbrooke Homeowners Association v Mogale City Local Municipality and Others. Cox Yeats partner Richard Hoal explores the history of the case and the impact for homeowners and residents associations

South Africa: When does indemnity arise under a claims-made policy?

In February, the High Court discussed the differences between claims-made and loss-occurring policies, in relation to COVID-era losses and professional indemnity insurance. Insurance lawyer Jakop Mphofu explores the lessons for clients from The Collection at D’Aria (Pty) Ltd v Cross Point Brokers (Pty) Ltd [2026] ZAWCHC.

Interdicts and the Need to Know your Enemy: a growing challenge in South African courts

Recent court decisions in the construction and engineering sector have reinforced the importance of properly identifying individuals responsible for unlawful conduct. Peter Barnard and Chantal Mitchell of Cox Yeats discuss how allegations against undefined groups may weaken urgent court applications and prevent relief being granted.

When deeds speak: the Baby Savers case and harnessing legal expertise to strengthen South Africa’s social fabric

Earlier this month, the Gauteng High Court heard a landmark constitutional law case regarding the treatment of newborn infants who are relinquished (safely handed over) through baby saver devices. Candice Pillay, Brent Botha, and Nicola Irving of Deneys discuss the importance of public interest pro bono work

Insolvency laws South Africa can be proud of: putting principle into practice

In March, South Africa’s second-highest court delivered a landmark insolvency decision. Bridget Letsholo of CMS South Africa examines how Sheer v Wagner strengthens South Africa’s position as a sophisticated, investment-friendly jurisdiction, while inviting Parliament to refine legislation for the modern world

Ramaphosa impeachment inquiry revived as Constitutional Court rules National Assembly actions were invalid

In a landmark decision issued this morning, South Africa’s highest court has held the National Assembly’s failure in 2022 to forward an independent report into the ‘Phala Phala scandal’ involving President Cyril Ramaphosa onto the Impeachment Committee was unlawful

SA Human Rights Commission is a vital institution, but does not have binding powers, rules Constitutional Court

In a key decision issued yesterday, South Africa’s highest court ruled that the South African Human Rights Commission (SAHRC), a Chapter 9 institution established by the Constitution to protect and support democracy, does not have the power to issue binding directives.

South African court orders Eskom to disclose R70 billion coal and diesel contracts – why the ruling matters

On 23 March, the Supreme Court of Appeal ruled that Eskom must disclose its coal and diesel supply contracts, marking a significant shift toward transparency in South Africa’s electricity sector. Felix Dube of the University of Venda examines what this key decision does and doesn’t mean, and why it is important for society as a whole.

Africa seeks stronger voice as climate change litigation surge reshapes global energy policy

The African Energy Chamber has moved to intervene in a landmark advisory proceeding before the African Court on Human and Peoples’ Rights, as the rapid rise of climate litigation and key court rulings are reshaping how energy policy is defined and enforced worldwide,

Supreme Court of Appeal delivers landmark judgment on cross-border insolvency in South Africa

In a judgment expected to help shape how future cross‑border insolvency cases are approached and adjudicated, South Africa’s second-highest court yesterday provided critical guidance to insolvency practitioners, courts, and international stakeholders.

South Africa’s power utility Eskom tried to block a gold mine from going solar - but lost in court

Last month, the High Court in Gauteng ruled on a case where Eskom had refused to allow a gold mine to run solar power lines across its own servitude. Angela van der Berg of the University of the Western Cape explores this key decision for mining houses and large companies that want to build their own renewable energy plants.

High Court of Tanzania invalidates CSR allocation framework under mining regulations

Recently, the High Court of Tanzania delivered a decision declaring key provisions of the Mining (Corporate Social Responsibility) Regulations invalid. Evarist Kameja and Allen Lema of Bowmans’ Dar es Salaam office explore the decision’s implications for the mining sector and host communities where mining activities take place

Mauritius: Courts require high-quality evidence, proper timing, clear standing, and greater accountability

Significant Supreme Court rulings in 2025 have introduced a more rigorous standard for how corporate debt and insolvency are handled in Mauritius. Dave Boolauky, Betrand Cheung and Ian Sobnack of Bowmans Mauritius survey key developments that are essential reading for stakeholders in the Mauritian investment climate

When plea deals collapse: SA Labour Appeal Court provides new guidelines on plea-bargain agreements

On 8 January, South Africa’s Labour Appeal Court had its first opportunity to pronounce on plea-bargain agreements. AmandlakaThixo Magubane of Bowmans examines the impact of the Court’s decision, including new flexible guidelines, and confirmation that procedural and substantive unfairness can be separated.

Ratification required: impact of Tanzanian Court of Appeal ruling ARIPO trademarks are unenforceable

On 26 September, Tanzania’s apex court held that despite being a signatory to the African Regional Intellectual Property Organisation’s Banjul Protocol, ARIPO trademarks were unenforceable in Tanzania. Francis Kamuzora and Patrick Kamanthe of Bowmans examine the impact for practitioners and businesses in the region

TotalEnergies: French court ruling boosts African cases against polluters

Some African countries have consumer protection laws that they could use to hold fossil fuel companies accountable for pretending to be green. Zunaida Moosa Wadiwala and Tracy-Lynn Field of the University of the Witwatersrand examine the impact of a recent French court case and what could be next for Africa

The Human Side of Privacy: Lessons from Anampiu v Cleanshelf

On 31 October, Kenya's High Court ruled in a case involving a supermarket, suspected shoplifting, and constitutional rights. Catherine Kariuki Mulika of Cavendrys explores how privacy goes beyond data protection to include dignity and human treatment