In this significant, thoughtful and considered judgment, on which the Constitutional Court will no doubt have the final say, the court found that criminal indictments which include the crime of apartheid as a reference to the crime under customary international law in terms of Section 232 of the Constitution, and not the crime of apartheid
This blog is co-authored by Dashia Govinden, a candidate attorney.
The drowning of a toddler in a swimming pool situated at a heritage site located within the Drakenstein Correctional Centre precinct, prompted judicial scrutiny of the state’s legal obligations in managing public property. The May 2025 judgment, delivered by the High Court, examined whether the
Can a charterer limit its liability for claims brought against it by the owner?
In a significant decision for the maritime industry, the UK Supreme Court in the MSC Flaminia judgment [1] has clarified the scope of a charterer’s right to limit liability under the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC
At the end of April 2025, the Constitutional Court set aside a policy directive by the prisons authorities that prohibited the use of personal computers in cells for the purposes of further education in circumstances where the use is reasonably required for such further education. In order to avail themselves of the benefits of this
In April 2025, the High Court found that local authorities can be held liable for failing to prevent hazardous road conditions, specifically water pooling on a municipal freeway.
The claimant suffered catastrophic injuries after losing control of his vehicle on a flooded municipal freeway late at night. The claimant suffered from amnesia and was unable
This blog is co-authored by Eric Geldenhuys, a candidate attorney.
In March 2025, the Minister of Transport amended the Civil Aviation Regulations (CARs) in terms of section 155 of the Civil Aviation Act, 2009. The thirty first amendment to the Civil Aviation Regulations (Amended CARs) was gazetted on 28 March 2025. Part 139 of the
This blog is co-authored by Kamogelo Madiba, a candidate attorney.
The approach of the Western Cape High Court in a January 2025 judgment in Morrison v MSA Devco diverges from established legal principles regarding the enforceability of disclaimer notices.
The claimant sustained injuries after slipping on a wet floor at a McDonald’s restaurant owned by
On 12 March 2025, a High Court judgment ruled that the decision of a municipality to terminate the acting appointment of its Director of Community Services amounted to administrative action that is subject to review in terms of the Promotion of Administrative Justice Act (PAJA).
The employee had challenged the termination of his acting
Another cautionary tale on the perils of uncritical reliance on generative artificial intelligence (AI) arrived in the English High Court in April 2025. The court found a barrister and a firm of solicitors responsible for including fictitious case citations in formal submissions before the court. The court’s response was uncompromising: counsel and her instructing solicitors
In April 2025, the High Court granted a final order restraining the two former associates of the applicant, part of a major financial group, from publishing or distributing defamatory statements about the company and its employees on social media or elsewhere. The judgment highlights the interplay between freedom of expression and the right to dignity