Insights

Policy first, levies later: Why SANRAL’s 'sweat the assets' plan failed in court   A Trust and its partners planned to develop a fuel station and rest-service area along the N12. Negotiations...

When arbitration confidentiality ends: Lessons from the MV Smart Case   The National Ports Authority, a division of Transnet, is being sued in admiralty for about USD 110 million after the bulk...

Misrepresentation on adjudicator nomination forms: A reminder to be precise Can a statement on a form derail an entire adjudication? The short answer is, yes. The English court recently confirmed...

Silenced for speaking up: Whistleblower’s fight for justice ends in victory   The High Court ruled in favour of Ms Chantel Sharlene Pillay, a former finance and administration superintendent at...

Discovery battles in software copyright litigation: Taskflow v Aluxium   In two recent judgments, Taskflow (Pty) Ltd v Aluxium (Pty) Ltd and Others and Aluxium (Pty) Ltd and Others v Taskflow...

Adjudication challenges in construction contracts: Lessons from Muzzy v Davis   Can a contractor challenge an adjudicator’s decision because of procedural fairness or jurisdiction? The recent...

Shortlisted, interviewed, forgotten: A story of ambition and disappointment   In a case that underscores the complexities of internal promotions and employee expectations, the Labour Court has...

Can an emoji seal a deal? Saskatchewan court says yes - and South African law agrees   In a landmark decision, a Canadian court ruled that a 👍🏼 emoji can constitute acceptance of a contract....

Can a breaching party hide behind contract clauses?   Disputes often arise in commercial partnerships, and repudiation can end agreements abruptly. But a crucial question remains, can the...

Pipeline or barrier? What the Eskom v Erasmus means for employment equity   In Eskom Holdings SOC Ltd v Solidarity obo AP Erasmus, the Labour Appeal Court overturned a Labour Court ruling that...

Email signatures & contract variations: What every person should know   In the digital age, the way we communicate has evolved, but so has the law. If you negotiate, sign, or manage...

Virtual commissioning under the microscope: Lessons from Africa’s Best Foods v ED Food Modern litigation increasingly relies on remote technology to take witness statements and to commission...