The pivotal judgment of the Supreme Court of Appeal in Mashwayi Projects (Pty) Ltd and Others v Wescoal Mining (Pty) Ltd and Others delves into the nuances of the Companies Act, 2008 and finds that post-commencement creditors have the right to vote on the adoption of a business rescue plan. The decision overturns a previous
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Soaring limits of airline liability under the Montreal Convention, 1999

This blog was co-authored by Pierre Naudé.
On 18 October 2024 the International Civil Aviation Organisation (ICAO) announced that the limit of liability of airlines, as stipulated in the Montreal Convention, will increase by 17.9%. This increase is effective from 28 December 2024.
The Montreal Convention provides for a five-year review of the limitation, which…
A practical example of applying the rules of the National Soccer League

This blog was co-authored by Katelyn-mae Carter, candidate attorney at Norton Rose Fulbright South Africa.
In this case Upington City Football Club filed an urgent application for an interim interdict to prevent the National Soccer League (NSL) from holding promotion and relegation playoffs pending the outcome of the application.
The case revolved around the NSL…
South African companies’ compliance with the EU Corporate Sustainability Due Diligence Directive

Following extensive negotiations, the Council of the European Union (EU) formally adopted the Corporate Sustainability Due Diligence Directive (the CS3D) on 24 May 2024. Once fully implemented, both EU and non-EU companies, as well as their ‘upstream’ and ‘downstream’ value chains (or “chain of activities”), will be subject to mandatory human rights…
Exclusive jurisdiction of the Labour Court to award compensation for losses arising from strike action

Co-authored by Heidi Davis
In a recent decision, the Labour Appeal Court (LAC), has clarified the jurisdiction of the Labour Court (the LC) in dealing with unlawful conduct during strikes.
The LAC upheld the Labour Court’s decision that section 68(1)(b) covers compensation for any unlawful conduct during a strike, whether the strike is protected or…
Grounds on which foreign judgments can be enforced in South Africa – Jones v Krok still applies?

This blog was co-authored by candidate attorney Eric Geldenhuys and Adrienne Cloete.
In February 2024, the Supreme Court of Appeal, in Lindsey v Conteh, considered the enforceability of foreign judgments in South Africa. The appellants sought to enforce two writs, one for possession of shares and one for execution of the monetary value of…
More about Remission of Rental and Covid-19

In an appeal judgment (Reitz 21 CC v Siebrits and Others (A91/2023) [2024] ZAGPPHC 70 (31 January 2024) (saflii.org)) the lease agreement dealt with rental of student accommodation. The lessee sought remission of the rent because the Covid-19 regulation allegedly prevented him from occupying the premises. It was found that the regulations did…
Anxiety leading to chocolate eating does not found a privacy invasion suit (US)

Access to drivers license numbers through an insurers “instant quote” website feature was held confirmed by a US appeal court to be no foundation for a claim for breach of privacy obligations because the claimants failed to show any concrete injury traceable or even possibly traceable to the disclosure. A complainant must plausibly allege concrete…
A Cautionary Tale: Navigating the Intersection of AI and Legal Research


In the rapidly evolving world of legal practice, artificial intelligence (AI) has begun to play an instrumental role, offering promising opportunities to streamline research, facilitate case analysis, and improve efficiency. However, a recent magistrates court case, Parker v Forsyth N.O. & Others, serves as a pivotal reminder of the need to use these tools…
Don’t Forget to Renew Overtime Clauses

In February 2023 the Labour Court delivered judgment in a review of an arbitration award of the CCMA. The employees concerned were charged and dismissed for gross insubordination when they refused to obey the instruction of their manager to work overtime. The CCMA found the dismissals to be substantively fair.
During evidence at the arbitration…