This blog is co-authored by Mishka Maharaj, a candidate attorney.
In July 2025, the High Court overturned a decision by the Health Professions Council of South Africa (HPCSA) that an intensivist surgeon on critical care call acted unprofessionally by declining to accept a self-funded patient into his care at a private hospital.
The patient presented
In January 2025, the High Court handed down a judgment which revisited the application of the well-known common law rule requiring a South African claimant to attach property in South Africa of a foreign defendant who is to be sued to found or confirm the court’s jurisdiction.
The matter arose from an allegedly defective hip
The High Court decision in Le Bonheur Wine Estate (Pty) Ltd v Stellenbosch Vineyards (Pty) Ltd has raised eyebrows for its misreading of both the common-law principles of subrogation and the express wording of the policy at issue as well as its support for parallel actions for a single claim.
After fully indemnifying its insured
Introduction
The Western Cape High Court handed down a novel and potentially far-reaching decision in March 2025 in Ti Ya Toivo Limited and Others v mv “Grey Fox” and Others, that appears to extend the jurisdiction of South Africa’s admiralty courts well beyond the conventional understanding of its limits.
The Court decided that section
The question of how employers should treat employees working beyond a normal or agreed retirement age in South Africa has become increasingly complex, particularly in light of a December 2024 sharply divided judgment of the Constitutional Court, in a 4:1:4 split.
The dispute at the heart of this Constitutional Court case revolved around section 187(2)(b)
This blog is co-authored by Raaiqhah Akoo, a candidate attorney.
In June 2025, the High Court found the MEC for the Department of Health, Limpopo liable for the omissions and acts of the healthcare staff at a public hospital who delivered a baby by natural vaginal delivery despite the baby presenting in the breech position.
The insured sued its insurer for its defence costs and funding of a settlement with a business competitor company whose confidential information had been unlawfully transferred to the insured by two of the competitor’s employees as a result of unlawful inducement by the insured’s employee. The use of the word “the” in an intellectual property
The Companies Amendment Act, 2024 has made important changes in regard to the requirements for share repurchases in terms of section 48 of the Companies Act, 2008 (Companies Act).
New position regarding share repurchases.
Sections 48(1) to 48(7) are unamended and compliance with section 46 is still required for all share repurchases, essentially requiring the
The blog is co-authored by Eric Geldenhuys, a candidate attorney.
The South African Civil Aviation Authority (SACAA) has enforced a regulatory change affecting the general aviation sector: the strict application of a 12-year engine overhaul requirement for certain aircraft engines, including those manufactured by Textron Lycoming, Teledyne Continental, Pratt & Whitney and Rotax. The requirement
This blog was co-authored by Adriaan Lourens, Candidate Attorney.
In May 2025, the high court confirmed a lender’s right to enforce a pledge and cession agreement over a member’s interest in a close corporation (the debtor), despite the debtor having entered business rescue.
The lender had advanced two loans to the debtor. To secure the