https://www.webberwentzel.com//Pages/RSS-Feeds.aspx Webber Wentzel feed en-us Copyright 2020 Sun, 16 Aug 2026 18:49:23 +0200 Sample Code http://server/image.jpg https://www.webberwentzel.com//Pages/RSS-Feeds.aspx 4f7abef9-5f21-400d-8120-7b976ba7c10d 8db6836d-b57d-4ad8-ab89-64fadbff664e https://www.webberwentzel.com//News/Pages/Who-was-in-the-room-Locum-doctors-delictual-liability-and-defective-pleadings.aspx The use of locum doctors is a well-established feature of medical practice, enabling practitioners to manage workloads and ensure continuity of care. However, as a recent judgment of the High Court (Eastern Cape Division, Mthatha) illustrates, the involvement of a locum in a patient's treatment introduces legal complexities that demand careful attention. 2026-07-14T22:00:00Z 2f73cb37-76bc-43b4-ace5-4e9c95e2c7ea https://www.webberwentzel.com//News/Pages/ai-rest-my-case-ai-and-the-future-of-online-dispute-resolution.aspx The promise of Online Dispute Resolution (ODR), powered by artificial intelligence, is compelling: faster resolution, lower cost, greater consistency, and a process that scales. But before any corporate legal team rests its case in favour of AI-enabled ODR, it is worth understanding exactly what it is, where it works, and where it can go wrong.  2026-07-13T22:00:00Z 5040b9ff-30f5-41ed-8fda-4bdf2f8b20a4 https://www.webberwentzel.com//News/Pages/delictual-exposure-in-road-maintenance-failures--.aspx Driving on South African roads often feels like a constant game of dodging potholes. When that game turns catastrophic, the question that arises is who bears the duty of reasonable steps to prevent such harm? 2026-06-24T22:00:00Z 5ff4cc2e-9488-4eef-8329-2bac77f2f2e7 https://www.webberwentzel.com//News/Pages/the-scas-analysis-of-causation-in-suicide.aspx In a recent judgment handed down on 21 May 2026, the Supreme Court of Appeal (SCA) considered whether the Road Accident Fund (RAF) may be held liable for a dependant's loss of support claim where a deceased person, having suffered injuries in a motor vehicle accident, subsequently commits suicide. 2026-06-23T22:00:00Z 8ec175a8-6280-4cd9-aae1-0bf9640dac63 https://www.webberwentzel.com//News/Pages/non-disclosure-as-fraudulent-misrepresentation-in-contract-negotiations.aspx Silence is often perceived as harmless, but in the realm of contractual negotiations it can be as misleading and damaging as an outright lie. 2026-06-18T22:00:00Z f6169404-7384-4d12-9884-858de646c513 https://www.webberwentzel.com//News/Pages/the-allocation-of-seats-on-a-municipal-executive-committee-fixed-for-term-or-up-for-grabs-recent-developments.aspx With the next municipal elections fast approaching, the Supreme Court of Appeal (the SCA) delivered a timely judgment in the case of The Municipal Manager of the Umdoni Local Municipality and Others v S Sookhraj and Another (1057/2024) [2026] ZASCA 65 (6 May 2026) (Umdoni), bringing much-needed certainty to the realm of local government structures. 2026-06-18T22:00:00Z 9524e59a-f86e-4b3d-9d52-1b2770b026b3 https://www.webberwentzel.com//News/Pages/dismissal-of-an-action-for-delay-in-its-prosecution.aspx The High Court has an inherent power to dismiss an action on account of a delay in its prosecution by the plaintiff. This power is exercised sparingly and only in exceptional circumstances, as it seriously impacts the plaintiff's constitutional and common-law right to have a disputed adjudicated in court by means of a fair trial. 2026-06-14T22:00:00Z ccde701d-618a-42a2-b5a3-78b1c17b5dfc https://www.webberwentzel.com//News/Pages/arbitration-clauses-are-not-boilerplate.aspx Most people involved in negotiating, delivering or managing an energy or infrastructure project will never read the 2026 Arbitration Rules of the International Chamber of Commerce (the 2026 ICC Rules). They may not need to. But they do need to understand what their dispute resolution clause does when something goes wrong. 2026-06-11T22:00:00Z 9138353e-be41-4aa7-8b2e-5fc48b3e6408 https://www.webberwentzel.com//News/Pages/afcftas-isds-crisis-unpacking-the-impasse-and-what-must-come-next.aspx On 19 February 2023, African Union Heads of State adopted the Protocol on Investment to the African Continental Free Trade Area Agreement (AfCFTA), a landmark instrument designed to transform the continent's fragmented, bilateral treaty-governed investment landscape into an Africa-centred legal framework for trade and investment. 2026-06-09T22:00:00Z e5fd53f0-9199-46da-b835-e7235c5a56a4 https://www.webberwentzel.com//News/Pages/wired-for-conflict-the-circuit-breaker-you-installed-and-never-switched-on.aspx Africa is wiring up for an energy revolution, but an overlooked fault is tripping the circuit. Dispute risk is quietly draining returns, derailing commissioning timelines and sending a chilling signal to the market. Every year, billions of dollars of African energy infrastructure investment lose power in the same place: the arbitration hearing room. 2026-06-04T22:00:00Z f3394933-05b5-47d3-a174-a909063f0dad https://www.webberwentzel.com//News/Pages/confidential-medical-records-and-the-class-action-lessons-from-the-listeriosis-litigation.aspx The recent judgment in Ngobeni and Others v National Health Laboratory Service and Others, arising from the ongoing listeriosis class action against Tiger Brands, provides important guidance on the disclosure of confidential medical information and the interplay between privacy rights and access to justice. 2026-06-04T22:00:00Z b1b9b0e8-dddb-4fa9-9140-ca6b2b1c9ed4 https://www.webberwentzel.com//News/Pages/ex-lege-and-enforceable-post-judgment-interest-where-a-court-order-is-silent.aspx The Supreme Court of Appeal considered two consolidated appeals arising from claims against the Road Accident Fund (RAF), addressing a single critical question: is the RAF liable to pay post-judgment interest on awarded damages where the court order is silent on the matter and can that interest be enforced through execution? 2026-06-01T22:00:00Z 2edf2fe2-67f8-4c43-9129-0cba010b3a5d https://www.webberwentzel.com//News/Pages/beyond-the-handover-contractor-liable-despite-informal-handover-of-construction-site.aspx In Gordon v Civils 200 (Pty) Ltd [2026] ZAWCHC 188, the Western Cape High Court was required to determine whether the defendant, a construction company, remained liable in delict for injuries sustained by the plaintiff, a member of the public who fell on an uneven, sand-covered parking area where the defendant had previously performed construction works. 2026-05-21T22:00:00Z 4afde230-765a-4336-950f-75a08196f496 https://www.webberwentzel.com//News/Pages/when-ai-rejects-insurance-claims.aspx Artificial intelligence (AI) is no longer a distant prospect for the insurance industry, it is already embedded in operations, making decisions, and generating litigation. Insurers globally are integrating AI tools into their claims processes, promising faster determinations, improved efficiency, and greater consistency. 2026-05-14T22:00:00Z 99a9b2bc-2024-44f7-885e-81406f10197b https://www.webberwentzel.com//News/Pages/sanctioned-into-impossibility-force-majeure-in-the-arbitral-area.aspx Sanctions, increasingly deployed as instruments of political and ideological signalling, have risen by 346% since 2017 . Commercial parties are increasingly finding themselves unable to perform contractual obligations, not through any fault of their own, but by operation of state-imposed legal prohibitions. 2026-05-07T22:00:00Z 8f32a689-ae0a-4ef4-999a-e0516419ecc7 https://www.webberwentzel.com//News/Pages/the-cost-of-a-lapsed-mandate-professional-negligence-and-under-settlement.aspx Attorneys are creatures of instructions. As such, they are required to obtain the instructions of their clients in discharging their functions and may not act outside the scope of those instructions. This issue was recently considered in the matter of Molefinyana Molisaesi v Selwyn Brian Drobis Jacobs and Another (Case No: 35459/2018) ZAGPPHC (7 April 2026). 2026-05-03T22:00:00Z bb290d83-3e0e-4059-a98c-ca2dc1593028 https://www.webberwentzel.com//News/Pages/when-does-prescription-begin-to-run.aspx In terms of section 12(1) of the Prescription Act, 1969 (the Act), prescription begins to run as soon as the debt is due. Section 12(3) of the Act provides that a debt is not deemed to be due until the creditor has knowledge of the identity of the debtor and of the facts from which the debt arises, provided that a creditor is deemed to have such knowledge if it could have acquired by exercising reasonable care. 2026-05-03T22:00:00Z 66a2be6e-1f43-4ba5-8dde-7d8c1768d348 https://www.webberwentzel.com//News/Pages/medical-record-disclosure-in-personal-injury-litigation-recent-developments.aspx The delicate balance between personal privacy and the right to a fair trial has once again taken centre stage in the Limpopo High Court. The case of Coca-Cola Beverages South Africa (Pty) Ltd v Daswa Khuthadzo Witness (7480/2020) [2026] ZALMPPHC 20 (6 March 2026) raises a critical question in modern litigation about how private your medical records are when you institute legal action for damages based on injury. 2026-04-29T22:00:00Z 5e0855ea-151f-44d8-b136-fa9603526c2b https://www.webberwentzel.com//News/Pages/the-disclosure-of-medical-records-in-litigation.aspx Medical records are one of the most important pieces of evidence in personal injury claims. Where a patient who is usually a plaintiff in such claims consents to the disclosure of their records, no controversy arises. 2026-04-19T22:00:00Z 8df7727c-1dd0-4020-9e76-10a154ed3555 https://www.webberwentzel.com//News/Pages/the-cost-of-ignoring-fetal-distress.aspx In the recent judgment LPM obo LM v MEC for Health: North West Provincial Government (2058/2019) [2026] ZANWHC 92 (31 March 2026), the High Court dealt with a medical negligence claim arising from injuries sustained during childbirth at Klerksdorp Hospital. 2026-04-14T22:00:00Z a64613c4-e7f5-48af-9463-632be6b3f046 https://www.webberwentzel.com//News/Pages/unchained-from-the-algorithm-global-developments-in-social-media-platform-liability.aspx It's been a challenging period for social media platforms. The past year has seen numerous developments to the laws govern social media platforms globally. 2026-04-12T22:00:00Z 776753ea-247c-41fb-8f23-095f2111d602 https://www.webberwentzel.com//News/Pages/death-by-drowning-and-the-limits-of-school-negligence.aspx On 13 October 2014, two Grade 12 learners drowned while attending a matric revision camp organised by Luhlasa High School at a Rotary campsite in Strandfontein. 2026-04-12T22:00:00Z 6825a0cd-a3b3-4517-a1b8-e93bb3d2a43c https://www.webberwentzel.com//News/Pages/rethinking-legal-and-institutional-frameworks-to-advance-impact-investing.aspx The 2026 Budget Speech delivered by Finance Minister Enoch Godongwana in February 2026 has in balance been referred to as a “good news” budget by the commentariat. 2026-04-08T22:00:00Z 0314a785-16ee-45c1-8e2d-bcfb26063425 https://www.webberwentzel.com//News/Pages/ai-and-insurance-risk-or-opportunity.aspx Picture a rainy Wednesday morning in Sandton, sometime in the near future. A claims handler opens their laptop, and right away, things move much faster than they used to. For every new email, the company's artificial intelligence system (AI) has already drafted a suggested reply. 2026-04-06T22:00:00Z 7534df7d-3265-4bc7-b73a-eda7974f7441 https://www.webberwentzel.com//News/Pages/construction-guarantees-as-non-life-insurance-substance-over-form.aspx Construction guarantees, whether styled as performance bonds, on-demand guarantees, or otherwise, have long occupied an uncertain regulatory space in South Africa. 2026-03-24T22:00:00Z 5c72bd65-1c24-4149-a9f5-c67385b64a13 https://www.webberwentzel.com//News/Pages/geopolitical-conflict-and-the-global-insurance-market-lessons-for-south-african-insurers-and-reinsurers.aspx The global insurance market has entered a period of unprecedented complexity. Geopolitical conflict, once regarded as a peripheral risk confined to specialist underwriters and political risk markets, has migrated to the centre of mainstream insurance concerns. 2026-03-18T22:00:00Z f089d235-df4e-48a0-9900-49b80ee0c093 https://www.webberwentzel.com//News/Pages/claims-made-policies-and-notification-obligations-a-costly-lesson-on-timing.aspx Insurance brokers occupy a position of considerable trust. They are the intermediaries upon whom clients rely to secure appropriate cover, and upon whom insurers rely for accurate and timely disclosure. 2026-03-15T22:00:00Z cd4b0944-02c4-4eb4-8bea-a305e7716999 https://www.webberwentzel.com//News/Pages/ai-walks-into-an-arbitration-what-could-go-wrong.aspx Artificial intelligence is no longer an abstract, futuristic concept in arbitration proceedings. It has already entered the hearing room (albeit, in most cases, unannounced), comfortably seated itself at the tribunal table and proceeded to (with alarming speed) hand down the award. It is not leaving anytime soon. So how do we make sure it behaves? 2026-03-11T22:00:00Z 69c654a8-1b8e-4f14-bf2a-29c4f2db9b35 https://www.webberwentzel.com//News/Pages/grief-without-a-psychiatric-injury-why-emotional-distress-alone-cannot-ground-a-damages-claim.aspx Claims for general damages, particularly for emotional shock as well as pain and suffering, are a regular feature in personal injury litigation. However, under South African law, grief without an underlying psychiatric lesion associated with such grief cannot form the basis of a damages claim and this principle is sometimes overlooked. 2026-03-05T22:00:00Z 41d2db6a-6468-4b44-8537-22b474ad6f75 https://www.webberwentzel.com//News/Pages/your-ai-conversations-are-probably-not-privileged.aspx On 10 February 2026, a judge of the Southern District of New York ruled that roughly 31 documents generated by a criminal defendant using Anthropic's consumer AI chatbot "Claude" were neither protected by attorney-client privilege nor shielded by the work product doctrine. 2026-03-02T22:00:00Z c5edd939-9be8-4360-ab1c-446bbf26344f https://www.webberwentzel.com//News/Pages/burns-and-septicaemia-a-failed-novus-actus-defence.aspx In Steyl and Another v Motheo TVET College and Others (3368/2020) ZAFSHC 41, the Free State High Court held that a technical and vocational education and training (TVET) college and two of its lecturers breached their duty of care. The court found that they failed to take steps to ensure the safety of a mechanical engineering student who died from injuries sustained after a motor vehicle caught fire during a practical training session. 2026-03-01T22:00:00Z 9dd6e597-afe1-4a91-bf53-5f4a0a181ce3 https://www.webberwentzel.com//News/Pages/who-is-to-blame-when-ai-defames.aspx The rise of generative AI has also given rise to an increase in litigation based on false results which cause harm to a person's reputation. Defamatory output is sometimes caused by generative AI, and at other times, AI can be used to create false impressions about a person, as in the case of deepfakes. 2026-02-23T22:00:00Z 05751c4f-b763-4516-9a49-006387ffd016 https://www.webberwentzel.com//News/Pages/finality-before-precision-why-the-once-and-for-all-rule-still-stands.aspx In T N obo B N v The Member of the Executive Council for Health of the Eastern Cape Government and Others (Case no: 383/23) [2026] ZASCA 14, the Supreme Court of Appeal (SCA) reaffirmed a foundational principle of the law of damages: the once-and-for-all rule. 2026-02-18T22:00:00Z 7cad8fc3-4f5e-4079-82ac-172aa798916c https://www.webberwentzel.com//News/Pages/the-proof-is-in-the-pudding-evidence-in-future-loss-of-earnings-claims.aspx In Moloi v Road Accident Fund (333/2024) [2026] ZASCA 13, the Supreme Court of Appeal dismissed an application for special leave to appeal in a claim for future loss of earnings against the Road Accident Fund. 2026-02-11T22:00:00Z 201240ff-be68-4226-813e-0ac132ce5ef6 https://www.webberwentzel.com//News/Pages/shop-owner-liable-for-slip-and-fall-on-wet-ramp.aspx The recent judgment in Bedir v Westdene Fruiterers provides valuable guidance on the extent of shopkeepers' duty of care towards customers and the obligations retail premises owners owe to patrons. It also serves as a reminder to customers to take extra care in rainy conditions, when surfaces are likely to be wet and slippery. 2026-02-03T22:00:00Z 14ec91f0-9918-4034-90ba-cddff6e376f4 https://www.webberwentzel.com//News/Pages/subrogation-is-not-a-seat-at-the-table-why-discovery-must-be-sworn-by-the-litigant-of-record.aspx Subrogation does not convert an insurer into a litigant of record, nor does it entitle the insurer to act in the name of the insured without compliance with procedural requirements. 2026-01-29T22:00:00Z 45102d3b-639a-42b7-bf23-e7099fbccc65 https://www.webberwentzel.com//News/Pages/raf-cannot-benefit-from-its-own-delay-special-plea-dismissed.aspx Our courts continue to provide guidance on the application of prescription where the Road Accident Fund (RAF) assumes responsibility for a claimant’s matter, particularly in circumstances where a claimant lodges a claim directly with the RAF without the assistance of an independent attorney. 2026-01-29T22:00:00Z ee7cc006-44ad-4299-8d7c-03fa0cf25d3c https://www.webberwentzel.com//News/Pages/building-trust-and-resilience-how-insurers-can-anchor-consumers-in-a-changing-risk-landscape.aspx The South African insurance industry has demonstrated remarkable resilience over the past few years, despite a challenging economy and a changing risk landscape. The frequency and severity of climate- and weather-related events place increasing pressure on underwriting, claims and reinsurance costs. 2026-01-28T22:00:00Z fff2572b-6894-448d-a3ef-0638b2e18c83 https://www.webberwentzel.com//News/Pages/court-finds-road-authority-mostly-liable-for-pothole-crash.aspx South African courts are increasingly holding road authorities liable for substantial damages arising from serious accidents caused by poor road maintenance. In some cases, however, courts will attribute contributory negligence to drivers, particularly where they were aware of the condition of the road on which they were travelling. 2026-01-27T22:00:00Z 707b572d-442f-4d71-b11c-660c6c2be49d https://www.webberwentzel.com//News/Pages/too-late-to-litigate-prescription-extinguishes-the-claim.aspx Our courts are often called upon to decide whether legal action has been instituted timeously. The issue arose again in Mafuyeka v Minister of Health and Others (2133/2022) [2025] ZAMPMBHC (10 December 2025, where the High Court delivered judgment on special pleas raised by the defendants, including a special plea of prescription. 2026-01-21T22:00:00Z 05a2b188-2547-4632-b2e7-7ef6f6ad6f80 https://www.webberwentzel.com//News/Pages/high-court-rejects-technical-bar-to-medical-negligence-claim.aspx In a recent judgment of the Limpopo Division of the High Court, the court dismissed the defendant's reliance on a special plea of non-compliance with section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 (the Act). The defendant was a Member of the Executive Council for Health in Limpopo (the MEC). 2026-01-20T22:00:00Z 5bb052c2-8b05-4f45-ab4c-4a3be18935e0 https://www.webberwentzel.com//News/Pages/no-wet-floor-no-liability.aspx To succeed in a delictual claim, a plaintiff is required to prove all the elements of delict. In the recent case of Gailis v Woolworths (Pty) Ltd and Another (Case No 11651/2022) (Western Cape Division, Cape Town, 11 December 2025), the High Court was required to determine whether the plaintiff, who sustained injuries in a fall at the Constantia Village Woolworths store on 11 April 2021, had established liability on the part of the defendants. 2026-01-20T22:00:00Z b4c60dba-81e7-4059-bd9d-d04b891de5eb https://www.webberwentzel.com//News/Pages/coida-and-the-going-home-injury-high-court-confirms-a-generous-work-related-connection-test.aspx In Sophia Bent v Rand Mutual Assurance (Pty) Ltd, the High Court (Gauteng Division, Pretoria) overturned a tribunal decision that refused compensation for an injury sustained by an employee while leaving her workplace. 2026-01-13T22:00:00Z 61939bd9-bc77-4125-80b3-4fd601b6c7bc https://www.webberwentzel.com//News/Pages/high-court-compels-disclosure-of-london-arbitration-record-mv-smart.aspx On 22 December 2025, the KwaZulu Natal High Court delivered an important judgment in The National Ports Authority, a division of Transnet (SOC) Ltd v The Owners and Underwriters of the MV Smart [Case No. A 11/2016]. The court directed that a substantial body of documents produced in confidential London arbitration proceedings be disclosed for purposes of related litigation in South Africa. 2025-12-22T22:00:00Z 7dc48139-9713-4820-81dc-63e82e8bbefa https://www.webberwentzel.com//News/Pages/the-case-for-inclusive-road-maintenance-in-johannesburg.aspx How we access our homes, places of work, friends, family, hospitals and other critical services in Johannesburg depends, in one way or another, on the municipality's road infrastructure. 2025-12-16T22:00:00Z bdf7994d-6425-4a8c-8011-283966d9cc0e https://www.webberwentzel.com//News/Pages/court-holds-attorneys-liable-for-prescription-of-clients-claim.aspx In Stratton Oakmont (Pty) Ltd v Oosthuizen Du Plooy Attorneys (2002/2019) [2025] ZANWHC 255 (2 December 2025), the High Court reaffirmed the professional obligations of attorneys and the consequences of an attorney's conduct that results in the prescription of a client’s claim. 2025-12-09T22:00:00Z 59e66200-4514-4026-a78c-8f997840702c https://www.webberwentzel.com//News/Pages/when-privacy-is-mistaken-for-defamation-national-union-of-metal-workers-of-south-africa-v-b.aspx It is easy to understand why privacy and defamation often become tangled in public discourse and even in litigation. Both involve publishing information about a person. Both can cause deep personal harm, provoking humiliation, anger and a profound sense of invasion. 2025-12-07T22:00:00Z dbd85f5c-b94a-4a80-a38b-089359269903 https://www.webberwentzel.com//News/Pages/knowledge-of-legal-conclusions-is-not-required-for-prescription.aspx The recent judgment in Stanguous Mzonzima Mncwabe v SS Nqayi Attorneys, highlights important principles regarding prescription and the responsibilities of attorneys when handling their clients' claims. 2025-11-30T22:00:00Z 22d17caa-06a7-41a5-bce9-b098d53a56e3 https://www.webberwentzel.com//News/Pages/does-the-raf-attract-liability-for-an-intentional-collision.aspx The question of whether the Road Accident Fund (RAF) attracts liability for an intentional collision was recently considered by the Gauteng Division of the High Court in the matter of Mashengani v Road Accident Fund (Case No. 15034/2020) [2025] ZAGPPHC. 2025-11-30T22:00:00Z 369e7d9c-fb14-44d3-9772-0271e5e88b67 https://www.webberwentzel.com//News/Pages/whose-job-is-it-anyway-allocation-of-risk-in-slip-and-fall-claims.aspx December is around the corner, and malls and shopping centres will be bustling with festive shoppers, creating a lively yet crowded environment. With the surge in foot traffic, extended trading hours, and seasonal decorations, the risk of slips and fall increases significantly. 2025-11-26T22:00:00Z dabe6235-f3af-45ea-aa76-16dc05ab523c https://www.webberwentzel.com//News/Pages/joint-liability-for-a-fall-through-the-warehouse-roof-due-to-safety-failures.aspx In a recent decision by the Western Cape Division of the High Court in Albertino Lorenzo Bennet v Prima Toys and Leisure Trading (Pty) Ltd and Focus Asbestos Removal Services CC (4420/2017) ZAWCHC 515 (7 November 2025), the court reaffirmed that a principal is not vicariously liable for the conduct of an independent contractor. The principal would only be held liable where it was also personally negligent. 2025-11-24T22:00:00Z 3b1ca84f-2b9e-4d57-9157-c6ccfc2ef831 https://www.webberwentzel.com//News/Pages/business-rescue-practitioners-take-note.aspx The Western Cape High Court judgment in Limbouris and others v Du Toit NO and others [2024] JOL 66238 (WCC), dealt with several issues, including the investigative role and duties of business rescue practitioners (BRPs) during the preparation of a business rescue plan (BR plan). 2025-11-24T22:00:00Z 94585ff8-c032-4019-82cc-3431ac3d1f85 https://www.webberwentzel.com//News/Pages/the-courts-approach-to-withdrawal-of-admissions-and-compromise.aspx In a recent judgment, the Supreme Court of Appeal (SCA) reaffirmed the legal principles governing the withdrawal of admissions in pleadings and the setting aside of compromise agreements. 2025-11-20T22:00:00Z 73c9eb37-4a13-4afb-b6c6-e47defd125f4 https://www.webberwentzel.com//News/Pages/high-court-finds-municipality-liable-for-injuries-caused-by-uncovered-manhole.aspx The legal duty of a Municipality in injuries arising from the public's use of public infrastructure has been a subject of constant debate in our courts. 2025-11-16T22:00:00Z 8ccab583-93b7-4e4e-af3e-6f1e758cca36 https://www.webberwentzel.com//News/Pages/beyond-umk-cc-a-good-cause-for-high-court-tax-litigation.aspx The Constitutional Court (CC) in United Manganese of Kalahari (Pty) Limited v CSARS and Others (CCT 72/24) (31 March 2025) (UMK) has fundamentally reshaped the jurisdictional framework for High Court tax litigation in South Africa. The judgement replaced the current restrictive "exceptional circumstances" test in section 105 with a more flexible "good cause" standard, creating new strategic opportunities for litigants. 2025-11-09T22:00:00Z 8a52c08e-6c8a-45fa-92db-0f0139b314de https://www.webberwentzel.com//News/Pages/casting-caution-to-calderbank.aspx The Supreme Court of Appeal (SCA) handed down its judgment on 16 October 2025 in the case of Itokolle-Clinix Private Hospital (Pty) Ltd v MNT obo DORM (863/2024) [2025] ZASCA 153. This judgment should serve as a caution for defendants when faced with a Calderbank offer. 2025-11-05T22:00:00Z 128355aa-5e38-4099-916d-6e385cd27158 https://www.webberwentzel.com//News/Pages/ai-represents-the-next-horizon-for-esg.aspx Artificial Intelligence (AI) is advancing at an unprecedented pace globally. The exceptional growth of data and the rapid adoption of AI technologies are reshaping industries. 2025-10-23T22:00:00Z 17b6b368-ec56-4327-88ec-3c8850848146 https://www.webberwentzel.com//News/Pages/south-africas-retail-sector-under-siege-how-retailers-can-fight-cybercrime-and-fraud.aspx So far in 2025, the South African retailers are facing an unprecedented wave of cybercrime and fraud, as businesses battle a sophisticated and ever-evolving threat landscape. 2025-10-09T22:00:00Z 81dd3155-f9c4-48a1-8519-52309be5c47b https://www.webberwentzel.com//News/Pages/uk-court-of-appeal-on-understanding-policy-intent-through-pre-contractual-documents.aspx A recent decision by the UK Court of Appeal (Civil Division) offers valuable insights into the role of the disclosure of pre-contractual documents and communications in interpreting insurance policies. 2025-07-07T22:00:00Z 6133f30a-caac-48e9-ad1e-c7a45f80c1cc https://www.webberwentzel.com//News/Pages/how-the-western-cape-high-court-got-subrogation-wrong.aspx In June 2025, the Western Cape Court handed down a judgment on subrogation that changes established legal principles and settled practice. The Court held that an insurer exercising its subrogation rights must specifically disclose and plead subrogation and be cited as a party to any civil proceedings. 2025-06-30T22:00:00Z 12d79ac5-f868-4060-b986-3cda91bdaab8 https://www.webberwentzel.com//News/Pages/international-arbitration-trends-in-africa-guide-2025.aspx Webber Wentzel, in association with BLC Robert & Associates (Mauritius), Aluko & Oyebode (Nigeria), Breakthrough Attorneys (Tanzania), and ALN MMAKS Advocates (Uganda) has launched a new guide exploring international arbitration trends across Africa. 2025-06-23T22:00:00Z a63a4dd5-1e13-4949-97b2-405c4c901dcc https://www.webberwentzel.com//News/Pages/knoetze-v-botes-developers-cant-hide-behind-exemption-clauses.aspx In Knoetze v Botes, the High Court clarified the limits of exemption clauses in property sale agreements, commonly referred to as voetstoots clauses, particularly where the seller is also the developer and fails to disclose a latent defect. 2025-06-11T22:00:00Z d62045bb-0a98-4a26-86c0-132dbefb17fa https://www.webberwentzel.com//News/Pages/making-peace-not-war-the-role-of-mediation-in-energy-related-investor-state-dispute-resolution.aspx Mediation plays a growing and increasingly important role in resolving energy-related investor–state disputes (ISDS), as part of a broader shift towards dispute prevention and early dispute resolution. 2025-06-09T22:00:00Z 92c585c4-ba9f-4378-ab89-223c03dd3bde https://www.webberwentzel.com//News/Pages/disputes-are-inevitable-delays-dont-have-to-be.aspx The money is spent, the project is built, but the turbines stand idle. A several hundred-million-dollar wind farm, ready to supply much-needed power, is left stranded, waiting on grid access delayed by a contractual dispute. 2025-06-04T22:00:00Z 5076d45f-1afa-4166-928b-2926c64192ad https://www.webberwentzel.com//News/Pages/investing-in-the-lobito-corridor-focus-on-esg-related-disputes.aspx A recent policy brief published by the United Nations examined challenges that may be encountered in developing the Corridor. The brief highlighted concerns about environmental impacts, the necessity of ensuring adequate local development, managing community conflict, promoting gender inclusivity, and protecting human rights. 2025-04-03T22:00:00Z ce99a520-750f-4f02-ae73-b63361283faf https://www.webberwentzel.com//News/Pages/liability-on-the-move-what-the-sca-says-about-runner-spectator-accidents.aspx Running is a popular sport, whether for health, social engagement, or community awareness. But what happens when a runner collides with a spectator? This question was considered by the Supreme Court of Appeal (SCA) in the recent judgment of Kalmer v Davids NO (in her capacity as Executor in the Estate: Late Yasmin Salie) and Another. 2025-04-02T22:00:00Z 06b952a1-5181-420d-a6ff-c254b64dc575 https://www.webberwentzel.com//News/Pages/courts-clamping-down-business-rescue-abuse-globustarr-v-mayana.aspx Ulterior motives disguised as good faith business rescue proceedings have become a growing concern in South African insolvency law. The introduction of the Companies Act, 2008 (2008 Act) was a significant shift, promoting business rescue as a preferred alternative to liquidation. However, courts have increasingly encountered cases where business rescue applications are used as a delay tactic, raising concerns about abuse. 2025-03-30T22:00:00Z 190d3a5a-c12d-49ff-8331-aa29509c29cc https://www.webberwentzel.com//News/Pages/courts-clamping-down-on-business-rescue-abuse-an-analysis-of-globustarr-trading-co-llc-v-mayana-properties-pty-ltd.aspx Ulterior motives disguised as good faith business rescue proceedings have become a growing concern in South African insolvency law. The introduction of the Companies Act, 2008 (2008 Act) was a significant shift, promoting business rescue as a preferred alternative to liquidation. 2025-03-26T22:00:00Z 1a01e2b8-fdc6-4acd-92ca-88bc89e7e5e4 https://www.webberwentzel.com//News/Pages/did-you-provide-accurate-information-to-your-insurer.aspx The recent judgment in Viantha Naidoo v Discovery Limited and Another highlights the potential consequences of misrepresenting facts to insurers, particularly the negative impact on coverage when a claim under the relevant insurance policy is later lodged. 2025-03-19T22:00:00Z 4542ce2b-1794-4b81-b4f7-705bbf1c8ad2 https://www.webberwentzel.com//News/Pages/expropriation-without-compensation-implications-for-the-insurance-industry.aspx The Expropriation Act 13 of 2024 (the Act), which has been promulgated to give effect to the Property clause in the Constitution of the Republic of South Africa, 1996 has drawn mixed reactions both locally and abroad. 2025-03-02T22:00:00Z 3321f2df-044d-4298-ad42-3df1c425ffae https://www.webberwentzel.com//News/Pages/court-of-appeal-rules-on-composite-policies-in-covid-19-business-interruption-claims.aspx The Court of Appeal of England and Wales has handed down its judgment in the long awaited Covid-19 business interruption test cases. In the landmark judgment, the Court of Appeal dismissed the insurers appeal and provided significant clarity on the issue of composite policies in the context of business interruption insurance claims. 2025-02-24T22:00:00Z 4d0bac30-5183-4439-9d37-b8a53a5da6f4 https://www.webberwentzel.com//News/Pages/whose-line-is-it-anyway-raf-v-medical-aid.aspx The recent judgment of Rahldeyah Esack v the Road Accident Fund, handed down by the Western Cape High Court, has contributed to the ongoing legal debate regarding the Road Accident Fund's (RAF's) liability to compensate accident victims already covered by their medical aid. 2025-02-24T22:00:00Z 25a7cc3a-5adc-4d2f-a74f-5f84f60b6b7f https://www.webberwentzel.com//News/Pages/the-expropriation-act-a-solution-to-south-africas-land-reform-challenges.aspx The Expropriation Act (the Act), recently signed into law by President Ramaphosa, has sparked mixed reactions from various groupings across the country. Some, probably influenced by certain misconceptions, remain strongly opposed to the Act's purport, while some have strongly defended the Act. 2025-02-24T22:00:00Z 58368ab8-ac35-48be-b070-a170f52bc20f https://www.webberwentzel.com//News/Pages/webber-wentzel-celebrates-its-chambers-global-2025-rankings.aspx ​​​Webber Wentzel has once again affirmed its position as a leading law firm in South Africa with outstanding results in the Chambers Global 2025 rankings. The firm has secured 15 Band 1 category rankings, maintaining its status as the top-ranked Band 1 firm in the country. 2025-02-13T22:00:00Z a8835974-b423-4872-8d23-0b19f54184ea https://www.webberwentzel.com//News/Pages/when-does-an-arbitrator-have-jurisdiction-to-entertain-a-claim.aspx In a recent case the Supreme Court of Appeal (SCA) dealt with a matter whereby, it had to determine whether a dispute existed between the parties at the time of the arbitration referral and whether the dispute referred to arbitration was consistent with the claim presented in arbitration. 2025-01-09T22:00:00Z 45b8aabf-8af4-496d-b550-227871d128c5 https://www.webberwentzel.com//News/Pages/mauritius-opposition-win-policy-changes-mauritius-businesses-should-be-on-the-lookout-for.aspx On 12 November 2024, the final results of Mauritius' General Elections were announced. The opposition party, Alliance du Changement (Alliance for Change), emerged victorious, securing 62.6% of votes and winning all 60 parliamentary seats. 2024-11-12T22:00:00Z 4fdc34e2-bafe-49eb-ba3f-c1cbed9a9f7d https://www.webberwentzel.com//News/Pages/navigating-global-insolvency-proceedings-a-study-of-mirror-trading-international.aspx In today’s increasingly globalised and internet-driven commercial landscape, the likelihood of legal proceedings crossing borders, and attracting the complexities of cross-border disputes, is higher than ever. It has become crucial for businesspeople and attorneys to anticipate this possibility and, where appropriate, prepare accordingly. 2024-10-07T22:00:00Z 72aea95b-7c10-48b6-afd5-970a620f91e2 https://www.webberwentzel.com//News/Pages/the-spirit-of-business-rescue-what-creditors-need-to-know.aspx A business rescue plan (a plan) should ideally benefit all affected persons in the best way possible, and a vote in support of its adoption or rejection should not be premised purely on self-interest while disregarding the collective benefit of all affected persons. 2024-07-10T22:00:00Z 9bcbef57-cae9-4974-b4cb-e3f64d937cb6 https://www.webberwentzel.com//News/Pages/priyesh-daya-appointed-as-a-member-of-the-prestigious-icc-international-court-of-arbitration.aspx Priyesh Daya, a partner at Webber Wentzel, a leading law firm in South Africa, was recently appointed as a member of the International Chamber of Commerce's (ICC) International Court of Arbitration, for a three-year term commencing on 1 July 2024. 2024-07-01T22:00:00Z 02fb8a16-1916-42e9-baa2-86180f726353 https://www.webberwentzel.com//News/Pages/seizing-the-golden-opportunity-to-build-an-effective-compliance-programme.aspx The recently published Corporate Alternative Dispute Resolution (C-ADR) mechanism aims to expedite justice and corporate accountability for companies accused of corruption and other criminal offences. 2024-06-23T22:00:00Z 6eff8863-30da-476c-a83a-450442f15cf0 https://www.webberwentzel.com//News/Pages/johannesburg-high-court-backlog-adr-as-a-solution.aspx A recent notice issued in the Johannesburg High Court by Deputy Judge President Roland Sutherland on 4 June 2024, indicated wait times for civil trials. The notice advised that the lead time to have a matter heard in the civil trial court could, in some instances, take up to three and half years (ie in November 2027). This is alarming. This significant delay could unfairly favour recalcitrant defendants with the result that in a lot of cases, justice delayed will be justice denied (as the maxim attributed to the British politician William E. Gladstone [1809-1898] suggests). 2024-06-11T22:00:00Z 60d08b9d-60fb-42aa-a9d9-87f69910b2b0 https://www.webberwentzel.com//News/Pages/caught-in-the-cyber-crosshairs-ens-v-hawarden.aspx The legal profession (and no doubt, all creditors who provide their bank details via email to a debtor) have been eagerly anticipating the appeal judgment of Edward Nathan Sonnenberg Inc (ENS) v Judith Hawarden. 2024-06-11T22:00:00Z df7f44c5-f5d9-4e24-8dba-c69a78882c93 https://www.webberwentzel.com//News/Pages/the-national-assembly-and-the-national-council-of-provinces-passed-the-public-procurement-bill.aspx In a significant step towards reforming South Africa's public procurement landscape, the National Assembly recently passed the Public Procurement Bill [B 18D-2023] (the Bill). 2024-06-10T22:00:00Z bf3f0f8a-e30a-4cc3-a42f-ff4e203070a8 https://www.webberwentzel.com//News/Pages/slps-seriously-lacking-promotion-sensibly-leading-to-problems.aspx In February 2024, the Annual Mining Indaba occurred in Cape Town South Africa, where the mining industry's technical brains, financial brawn and everything in between congregated. During the same time, the Alternative Mining Indaba, a summit hosted by the Mining Affected Communities United in Action took place. On the one hand, a gathering to deliberate investing in the African mining sector under the banner of "Embracing the power of positive disruption" and on the other, discussing participation and benefits flowing from the sector. 2024-06-02T22:00:00Z c26dfbf3-2471-42d8-8d00-4efea9e4e304 https://www.webberwentzel.com//News/Pages/the-eu-corporate-sustainability-due-diligence-directive-an-african-perspective.aspx On 24 May 2024, the EU Council finally adopted the Corporate Sustainability Due Diligence Directive (CSDDD), completing the legislative process and marking a significant development in global business practices, including for companies with operations in Africa. This groundbreaking law mandates both EU and non-EU companies within its scope to conduct rigorous due diligence across their supply chains to prevent human rights abuses and environmental harm and to adopt and implement compliant climate transition plans. 2024-05-29T22:00:00Z 568e909e-74de-4198-bf0f-8688f87b1627 https://www.webberwentzel.com//News/Pages/tech-companies-must-stand-firm-global-lessons-for-south-africas-upcoming-election.aspx Artificial intelligence (AI) and technology have revolutionised many aspects of our lives, and elections are no exception. These tools can enhance the democratic process by improving access to information, voter registration, streamlining vote counting, and facilitating voter engagement, thereby securing greater protection of fundamental civil and political rights. However, the potential for misuse is equally significant, raising concerns about the integrity of electoral processes worldwide. 2024-05-27T22:00:00Z 051b89a8-282c-46dd-8ea7-dd42e3b2e4e3 https://www.webberwentzel.com//News/Pages/new-corporate-adr-policy-brings-south-africa-in-line-with-international-best-practice.aspx The National Prosecuting Authority (NPA) recently published its Corporate Alternative Dispute Resolution (C-ADR) Policy, which allows the use of an alternative mechanism to resolve criminal cases against companies, as opposed to only relying on normal criminal court proceedings. Therefore, companies implicated in corruption may, in certain circumstances, avoid criminal conviction at a cost. The policy does not apply to individuals as directors (former or current), employees or other individuals involved in wrongdoing can still be prosecuted independently. 2024-05-16T22:00:00Z bfae7ad2-8933-4515-973a-94921245adf1 https://www.webberwentzel.com//News/Pages/precca-updates-emphasise-third-party-accountability-and-proactive-anti-corruption.aspx South Africa is continuously suffering from the effects of corruption and drainage of resources, some of which were highlighted in the State Capture saga. Optimistically, significant changes have occurred in the public and private spheres to ensure that the industrial-scale corruption perpetrated does not continue to repeat itself. One such change is the recent signing of the Judicial Matters Amendment Bill into law by President Cyril Ramaphosa on 3 April 2024. Critically, the Bill expands culpability for corruption under Section 34 A of the Prevention and Combating of Corrupt Activities Act (PRECCA). 2024-05-01T22:00:00Z f644ff6a-1f5d-45ea-bf0c-50fe169d85fe https://www.webberwentzel.com//News/Pages/supreme-court-of-appeal-provides-clarity-on-claims-against-directors-for-s22-1-reckless-trading.aspx In its recent judgment of Venator Africa (Pty) Ltd v Watts and Another, the Supreme Court of Appeal (SCA) confirmed that section 218(2) of the Companies Act, 2008 does not give rise to a specific cause of action against a director of a company in circumstances where that company is accused of carrying on its business in contravention of section 22(1) of the Companies Act. This is a development which is of significant interest to companies, directors and indeed insurers who provide Directors & Officers cover. 2024-04-28T22:00:00Z 32b7a0a0-41c5-4b58-990b-217e12db28b3 https://www.webberwentzel.com//News/Pages/why-businesses-should-care-about-the-ins-and-outs-of-international-arbitration.aspx While emotions might run high during a business disagreement, choosing the right dispute resolution method is a practical decision. Dispute resolution attorneys understand this and that it is inevitable for disputes to arise. For this reason, companies must grasp and understand how international arbitrations work, so as to be well-equipped to navigate disputes effectively when they occur. 2024-04-23T22:00:00Z fdb23386-c8dc-46f4-aa70-c66a0081f0e4 https://www.webberwentzel.com//News/Pages/navigating-the-complexities-of-claims-and-procedure.aspx In a recent case of MM obo GM v the North West Province's Department of Health MEC, (782/2022) [2024] ZASCA 52, an appellant's claim for certain damages was struck from the roll by the Supreme Court of Appeal and her claim for personal damages was remitted to the trial court for determination. 2024-04-23T22:00:00Z 39736d65-7df7-4836-95c5-407b11dc2f80 https://www.webberwentzel.com//News/Pages/webber-wentzels-reflections-on-the-inaugural-johannesburg-arbitration-week.aspx The Arbitration Foundation of Southern Africa hosted the Johannesburg Arbitration Week, a flagstone event for international commercial arbitration in Africa during the week of 9 to 11 April 2024. Webber Wentzel, as well as other leading local and international law firms and South African Bars, proudly co-hosted the event. 2024-04-21T22:00:00Z 72f4952c-6181-4b5e-85ce-3aa67b945f7d https://www.webberwentzel.com//News/Pages/separated-issues-and-stated-cases-in-litigation-the-risks-of-carelessly-defined-issues.aspx In the MEC for Health, Gauteng v de Lange (298/2023) [2024] ZASCA 38 (03 April 2024) case, the respondent's husband was admitted to Steve Biko Academic Hospital after sustaining a head injury during a rugby match. Despite medical treatment, he unfortunately passed away. 2024-04-16T22:00:00Z f2f71cf9-f780-4b63-a131-fc0389f70cd1 https://www.webberwentzel.com//News/Pages/how-artificial-intelligence-is-re-shaping-international-arbitration-practice.aspx The use of AI to enhance technological efficiency has long been accepted by the international arbitration community. In recent times, AI has emerged as a useful instrument that, when applied properly, can both increase the acceptance of international arbitration as the preferred forum for resolving commercial dispute resolution. 2024-04-11T22:00:00Z 532a1e00-8071-4959-966f-a52019122358 https://www.webberwentzel.com//News/Pages/alternative-dispute-resolution-in-the-sports-arena-its-a-knock-out.aspx In the exhilarating arena of sports, where passion collides with precision and triumph meets tribulation, conflicts are as inevitable as the roar of the crowd. 2024-04-09T22:00:00Z 782e6676-906b-4099-8977-0fca5ba91d84 https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-as-a-top-tier-firm-by-the-legal-500.aspx The Legal 500 Europe, Middle East & Africa (EMEA) 2024 guide has recognised Webber Wentzel as a top-tier firm. Notably, Webber Wentzel has been ranked as the leading law firm with the most Tier 1 rankings compared to all other firms ranked in South Africa, a status it has maintained for the past 11 years. 2024-03-26T22:00:00Z 47faf424-2f5b-41c3-9b87-01dd980a979b https://www.webberwentzel.com//News/Pages/a-cautionary-tale-working-backward-in-search-of-the-cause-of-an-unfavourable-outcome.aspx In a recent case of MEC of Health and Social Development of the Gauteng Provincial Government v M (272/2022) [2024] ZASCA 21, the Supreme Court of Appeal found that there was insufficient evidence to establish whether a child born with a permanent disabling brain injury was due to hospital staff being negligent. 2024-03-07T22:00:00Z e7eb7ec1-8375-45ac-b4d7-6e514ff08c78 https://www.webberwentzel.com//News/Pages/safeguarding-against-the-ongoing-supply-chain-disruptions.aspx Mitigating Contractual Disputes by exploring ADR and arbitration in resolving supply chain disputes. 2024-03-04T22:00:00Z cce30997-f75e-41ad-b844-c603d5ea84e5 https://www.webberwentzel.com//News/Pages/embracing-greener-arbitrations-a-journey-towards-sustainability.aspx Governments, businesses, and individuals worldwide have become increasingly concerned about the environmental impacts of their activities. In the legal sector, this has led to growing emphasis on the possibility of 'green arbitrations'. 2024-02-28T22:00:00Z 2fc73873-65ff-4a41-a4d8-0997e7da3fe0 https://www.webberwentzel.com//News/Pages/one-year-grey-south-africas-bumpy-road-to-meeting-international-best-practice.aspx It has been a year since the grim reality of South Africa's greylisting status by the Financial Action Task Force (FATF). While the shadow of this decision persists, a careful analysis reveals a landscape marked by both challenges and encouraging progress. 2024-02-27T22:00:00Z 44755542-805b-4b4e-a08b-ab7b31493cb1 https://www.webberwentzel.com//News/Pages/reflecting-on-2023-trends-and-insights-in-business-and-human-rights-across-africa.aspx Business and Human Rights (BHR) is on the rise in Africa, prompting companies to navigate an increasingly complex landscape. Webber Wentzel experts, Pooja Dela and Paula-Ann Novotny take a retrospective look at the practical experiences gained over the past year and the emerging trends shaping the landscape of BHR across the African continent. 2024-02-19T22:00:00Z 8f350696-7115-4aa5-a7e7-232da4c682ee https://www.webberwentzel.com//News/Pages/south-africa-esg-disputes-bulletin.aspx The ESG Disputes Bulletin provides valuable insights into the evolving landscape of environmental, social, and governance disputes in South Africa, offering a brief overview of the recent developments and their implications for businesses and stakeholders. 2024-02-12T22:00:00Z 810d3547-b0e1-4591-bfbb-8feb33a1030d https://www.webberwentzel.com//News/Pages/sca-finds-that-court-orders-ought-to-be-clear-and-free-of-any-ambiguity.aspx In the recent case of Hulisani Viccel Sithangu v Capricorn District Municipality (593/2022) [2023] ZASCA 151 (14 November 2023) the Supreme Court of Appeal (SCA) was invited to decide on an application for special leave to appeal against the judgment of the full bench of the Limpopo Division High Court. 2023-12-07T22:00:00Z 565dfb00-5402-4475-8e2e-532d9ed903eb https://www.webberwentzel.com//News/Pages/the-power-of-proactive-fraud-detection-and-the-evolution-of-fraud-in-the-public-sector.aspx Fraudulent activities, prevalent in both the private and public sector, pose significant challenges to organisations and their stakeholders. There has been a noticeable shift in employing different methods and tools (such as cutting-edge AI and data analytics) which are revolutionising fraud detection and prevention. 2023-11-28T22:00:00Z 587150ff-cf72-49ed-a09d-5ed04ed0def3 https://www.webberwentzel.com//News/Pages/esg-dispute-resolution-in-africa-trends-and-strategies.aspx Global litigation and regulatory enforcement actions and threats related to Environmental, Social and Governance issues are on the rise, and Africa is no exception. 2023-11-20T22:00:00Z 4e2f67d4-de90-445e-8662-dea5c7626419 https://www.webberwentzel.com//News/Pages/mediation-and-the-challenges-of-the-21st-century-in-south-africa.aspx The complexity of mediation in South Africa has increased over the years and technology has become a useful tool to manage various aspects of it, but human interaction is still central to the process. 2023-11-13T22:00:00Z f49c150e-ea91-48f2-bbdd-bd1ceceab970 https://www.webberwentzel.com//News/Pages/podcast-series-the-truth-about-fraud.aspx Fraud is a common law offense, which if not mitigated against, threatens the sustainability of businesses in both the private and public sectors. 2023-11-12T22:00:00Z 0cb5b972-139d-4b9c-8931-a5bf0fe27418 https://www.webberwentzel.com//News/Pages/spilling-the-beans-on-disputes-in-the-metaverse.aspx Given the multi-faceted nature of the Metaverse, the disputes that could arise are limitless. It is therefore important that dispute resolution mechanisms that will be used in dealing with Metaverse related disputes are agile enough to account for a new legal environment. 2023-10-23T22:00:00Z 2bba3c2e-402c-4073-8548-3126ab7b62e6 https://www.webberwentzel.com//News/Pages/alternative-dispute-resolution-ensuring-equal-access-to-justice-in-a-changing-legal-landscape.aspx Alternative dispute resolution (ADR) could be used to improve access to justice in South Africa for socially and economically disadvantaged groups. 2023-10-22T22:00:00Z 02693182-af70-4461-81ab-6374a7d1f325 https://www.webberwentzel.com//News/Pages/protection-of-child-clause-in-cannabis-bill-what-it-means-and-why-it-is-important.aspx Written comments have been invited on the Cannabis for Private Purposes Bill, in which it is proposed to insert a “protection of child” clause. 2023-10-10T22:00:00Z 913bcf4d-25d2-428d-a02d-b88757d6176b https://www.webberwentzel.com//News/Pages/cough-cough-are-you-really-on-sick-leave.aspx Two recent cases brought to the Labour Court and Labour Appeal Court have highlighted that the courts will ultimately uphold the dismissal of an employee who, although not ill, has claimed sick leave, because it undermines the trust relationship 2023-08-09T22:00:00Z 7bea8fce-ccd2-4eee-8747-49e7bf8439af https://www.webberwentzel.com//News/Pages/sky-metro-the-wholesale-and-retail-sector-education-and-training-authority-judgment.aspx In a recent case, the courts clarified the conditions for claiming irregularities in a tender process that would constitute grounds for review of an award under the Promotion of Administrative Justice Act (PAJA) 2023-07-27T22:00:00Z 9ab983c8-f179-460a-bb4b-0a24cc257cae https://www.webberwentzel.com//News/Pages/agoa-access-to-the-us-a-nice-to-have-but-look-to-other-markets-as-well.aspx Next month’s African Growth and Opportunity Act (Agoa) Forum in South Africa will discuss renewals, exports, new memberships and exits, with input from governments and the private sector 2023-07-27T22:00:00Z 4774aa30-78db-4c1a-a437-d8e3ac3120ff https://www.webberwentzel.com//News/Pages/a-snapshot-of-the-public-procurement-bill-2023.aspx The Public Procurement Bill, which was introduced in the National Assembly on 30 June 2023, aims to create a single framework to regulate public procurement by all state organs. 2023-07-26T22:00:00Z 51869708-a2d0-4b49-9678-c95b3e64661b https://www.webberwentzel.com//News/Pages/south-africa-esg-dispute-update.aspx Climate change considerations and environmental impacts relied on as grounds to refuse licences for development projects. 2023-07-13T22:00:00Z a2d1132b-0700-42fe-b058-3d068f31db8b https://www.webberwentzel.com//News/Pages/phala-phala-saga-and-the-public-interest-override.aspx The recent Constitutional Court ruling in Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Service puts pressure on President Cyril Ramaphosa to reveal the tax records of the Tshivhase Trust, owner of Phala Phala. 2023-07-09T22:00:00Z c6e839c7-308c-40bc-96cb-114d10a71e57 https://www.webberwentzel.com//News/Pages/webber-wentzel-embraces-generative-ai-as-part-of-its-ongoing-innovation-journey.aspx Webber Wentzel is taking the lead on responsible Artificial Intelligence (AI) investment within the African legal landscape as part of its continued commitment to deliver an exceptional client experience and foster an open, creative, and entrepreneurial culture. 2023-06-22T22:00:00Z b3aa1d24-b14f-48a8-9516-57646213936e https://www.webberwentzel.com//News/Pages/webber-wentzel-shortlisted-in-19-african-legal-awards-categories.aspx Webber Wentzel is proud to have been shortlisted in 19 categories in the 2023 African Legal Awards. Being nominated across so many critical categories is a real endorsement of Webber Wentzel's standing in the African legal market. 2023-06-21T22:00:00Z f10c8d01-4ed7-42bb-9fa0-d639dea24411 https://www.webberwentzel.com//News/Pages/new-frontiers-options-for-dispute-resolution-under-the-afcfta-investment-protocol.aspx The recently-adopted AfCFTA Protocol on Investment will be followed by an Annex which will tackle the contentious issue of regulating trade and investment disputes without impinging on national sovereignty. 2023-06-18T22:00:00Z 11c44c62-9cbe-4fdb-ac14-106e649a4bd6 https://www.webberwentzel.com//News/Pages/the-costs-and-consequences-of-insurance-fraud.aspx In 2001, the House of Lords stated that "there seems to be a widespread belief that insurance companies are fair game, and that defrauding them is not morally reprehensible". This has never rung truer than in times of financial turbulence. 2023-06-14T22:00:00Z fca4bcbb-538f-46db-9866-63730dac12e2 https://www.webberwentzel.com//News/Pages/supreme-court-of-appeal-strikes-out-the-mandatory-audit-firm-rotation-rule.aspx In a significant judgment for the auditing profession, the Supreme Court of Appeal has ruled that the Independent Regulatory Board for Auditors did not have the power to mandate audit firm rotation 2023-05-30T22:00:00Z 78846b9f-3c98-41fa-bbbd-17fd02a74a82 https://www.webberwentzel.com//News/Pages/south-africa-esg-disputes-update.aspx Gas' role in South Africa's just energy transition questioned through challenges to environmental authorisations for gas-to-power plant project and gas to power via powership project via administrative law mechanisms. 2023-04-02T22:00:00Z 4a1c6de6-e8b2-4c6f-80ed-43924f5cc175 https://www.webberwentzel.com//News/Pages/the-year-2022-in-review-some-notable-insurance-cases.aspx In the past year the insurance industry has faced many challenges. These include loadshedding, more extreme weather claims, an increase in vehicle theft and motor accidents, 2023-03-22T22:00:00Z ea087b74-8db8-4e81-9013-dc7a7580ca04 https://www.webberwentzel.com//News/Pages/webber-wentzel-dispute-resolution-outlook-2023.aspx In 2022, there were significant changes in the South African dispute resolution landscape. New legislation and regulations were introduced on cryptocurrency and ESG disclosures by listed companies, paving the way for developments in commercial litigation and arbitration in these sectors. 2023-02-28T22:00:00Z 763faa46-54b6-48f7-accf-bd99d36de91a https://www.webberwentzel.com//News/Pages/south-africa-has-been-grey-listed-what-are-the-implications-for-the-country-going-forward.aspx South Africa’s greylisting by the Financial Action Task Force (FATF) has significant implications for its economic growth and global competitiveness, but moves are already being taken to satisfy the FATF 2023-02-23T22:00:00Z d53b6ace-0d83-412b-91f1-017eeae58f5a https://www.webberwentzel.com//News/Pages/insurance-informer-the-common-law-on-claims-against-public-health-institutions-takes-a-step-forward.aspx The Eastern Cape division of the High Court has developed the common law to allow courts to apply broader remedies in claims for negligence against public healthcare providers and institutions. 2023-02-19T22:00:00Z 2a4b7362-69bb-4e56-9bdf-2b74bb7af04c https://www.webberwentzel.com//News/Pages/leading-arbitration-experts-recognised-by-the-legal-500-2023-arbitration-powerlist.aspx Legal 500 has recently published its 2023 Private Practice Powerlist for Africa Three Webber Wentzel partners, namely Trevor Versfeld, Sarah McKenzie and Stuart McCafferty are all recognised by Legal 500 as leading arbitration practitioners working across Africa. 2023-02-14T22:00:00Z b78eb01a-c688-44bf-89ba-1d54c36d3474 https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-as-2022-south-africa-law-firm-of-the-year-by-top-ranked-legal.aspx Webber Wentzel has been awarded the 2022 South Africa Law Firm of the Year in the EMEA Awards by Top Ranked Legal. 2022-12-20T22:00:00Z e93ee931-8b14-4add-bbe3-c51beaa40d30 https://www.webberwentzel.com//News/Pages/new-preferential-procurement-regulations-a-placeholder.aspx The new Preferential Procurement Regulations allow organs of state to set quantifiable, transformative goals in their tenders. Bidders will need to consider tender documents carefully to determine whether they may be eligible to receive points for meeting specific goals stipulated in a tender document. 2022-12-12T22:00:00Z 1e1d57ab-667d-4962-91da-b29270519643 https://www.webberwentzel.com//News/Pages/staving-off-greylisting-requires-action-from-south-africas-public-and-private-sectors.aspx The measures South Africa is putting in place in response to the Financial Action Task Force’s recommendations will affect all industries and all employees. 2022-11-21T22:00:00Z 5b2eeecc-6984-4796-acb5-1dfa7c2a26b9 https://www.webberwentzel.com//News/Pages/webber-wentzel-lawyers-recognised-by-best-lawyers.aspx Of the 204 rankings by Best Lawyers, 129 Webber Wentzel Lawyers have been recognised in 38 categories of the 14th Edition of The Best Lawyers in South Africa. 2022-11-16T22:00:00Z 4a9eca52-a203-4056-9ce0-5087e9a3d037 https://www.webberwentzel.com//News/Pages/ster-kinekor-successfully-exits-business-rescue-with-webber-wentzel-at-its-side.aspx Webber Wentzel assisted and advised Ernst & Young's Stefan Smyth (business rescue practitioner) on a ZAR 250 million business rescue matter involving the refinancing and restructuring of Ster Kinekor's debt and the 100% purchasing of the Ster Kinekor shares by Blantyre Capital Limited and Greenpoint Specialised Lending. 2022-11-14T22:00:00Z e54e4508-b1fc-479f-bb44-caad3eb9cd08 https://www.webberwentzel.com//News/Pages/restrain-or-react-greylisting-in-south-africa.aspx In 2019, the Financial Action Task Force ("FATF") red-flagged South Africa for high levels of corruption. That means South Africa has to address its partial compliance or non-compliance with 20 of the FATF’s “Forty Recommendations” by February 2023. 2022-11-01T22:00:00Z 103aca81-26c7-485d-869f-712b9a8ce137 https://www.webberwentzel.com//News/Pages/webber-wentzel-won-the-african-legal-awards-for-african-law-firm-of-the-year.aspx Webber Wentzel has been named African Law Firm of the Year (Mid-Large Sized Practice) at the 2022 African Legal Awards. 2022-10-23T22:00:00Z 130a6dac-c5ca-4e2b-90fe-ba1a3da44e53 https://www.webberwentzel.com//News/Pages/webber-wentzel-won-the-african-legal-awards-litigation-and-dispute-resolution-team-of-the-year.aspx Webber Wentzel represented a financial sector client in resolving an international commercial dispute concerning investments in two high-impact development projects in the "Global South", worth hundreds of millions of US Dollars. 2022-10-16T22:00:00Z b2a2242b-4f50-427c-914c-d65b41dd1023 https://www.webberwentzel.com//News/Pages/international-arbitration-in-conversation-with-some-of-our-experts.aspx A few insights from four of our young partners who are specialists in international arbitration. 2022-09-22T22:00:00Z cb4b8291-8ba3-455a-bd6d-68f8dce5377a https://www.webberwentzel.com//News/Pages/courts-approach-builds-south-africa-as-a-seat-for-international-arbitrations.aspx South African courts have shown great reluctance to interfere in arbitral proceedings. This approach positions SA well as a neutral arbitral seat and an attractive seat for international arbitrations. 2022-09-20T22:00:00Z 47daf8de-2608-46b4-88b0-486e652de971 https://www.webberwentzel.com//News/Pages/international-arbitration-on-the-african-continent.aspx Two international arbitration experts from Africa provide insights into international arbitration in both South Africa and Mauritius. Priyesh Daya is a partner and dispute resolution specialist at Webber Wentzel (South Africa based law firm) and Mushtaq Namdarkhan is a partner and dispute resolution specialist at BLC Robert & Associates (Mauritian based law firm). 2022-09-19T22:00:00Z e22c70d3-f5eb-42f6-a8ee-7ce9758d2189 https://www.webberwentzel.com//News/Pages/do-androids-recognise-electric-sheep-south-africa-recognition-of-blockchain-arbitration-agreements.aspx The enforceability of (foreign) blockchain arbitrations under South Africa's international arbitration regime might be difficult but there are possible solutions. 2022-09-11T22:00:00Z d0a5e206-75a8-4299-b96b-86842980038a https://www.webberwentzel.com//News/Pages/whistleblowing-in-africa.aspx The Webber Wentzel Dispute Resolution Team is proud to present this whistleblowing cross-jurisdictional guide. It focuses on 9 key questions across 8 African jurisdictions. 2022-09-07T22:00:00Z 1c8b3535-9c4e-40c6-80ef-aa7aa9d11de5 https://www.webberwentzel.com//News/Pages/banking-on-climate-change-the-rise-of-climate-finance-related-disputes.aspx Following ESG trends, South Africa’s banking sector is gearing up to provide sustainable financing. This shift into a new era of clean energy will give rise to complex ESG related disputes, and stakeholders should consider including an arbitration clause in underlying contracts to mitigate their risks. 2022-09-05T22:00:00Z 62df3c81-6b11-46d7-bd8c-a4a9cf40aa3b https://www.webberwentzel.com//News/Pages/webber-wentzel-biggest-winner-at-the-african-legal-awards.aspx Webber Wentzel has been named African Law Firm of the Year (Mid-Large Sized Practice) at the 2022 African Legal Awards on Friday, 2 September 2022. 2022-09-04T22:00:00Z e386b623-2b9c-493c-8859-a674667967e9 https://www.webberwentzel.com//News/Pages/a-look-to-the-future-ligitation-risks-faced-by-the-financial-sector-in-relation-to-esg-statements.aspx With increasing public and regulatory scrutiny of claims by companies about their ESG achievements, it is essential that these are accurate, well-founded and backed up with data. 2022-08-30T22:00:00Z 36610a13-972f-4d03-8d7c-cdea6d9650ec https://www.webberwentzel.com//News/Pages/the-green-the-bad-and-the-ugly-the-risks-of-greenwashing.aspx Greenwashing is the act of misleading the public about an organisation's environmental or sustainability practices or deceiving the public about how eco- (and ESG-) friendly a product or practice is 2022-07-18T22:00:00Z 45de338f-ed8b-4219-befe-4dba7f68bba2 https://www.webberwentzel.com//News/Pages/commercial-mediation-a-global-review.aspx Webber Wentzel has recently contributed the South African chapter of the 5th edition of Linklaters Global Mediation Review 2022. 2022-05-29T22:00:00Z 0da9bf29-18bc-48c5-864b-ed7ad8151900 https://www.webberwentzel.com//News/Pages/insurance-informer-contempt-of-court-against-directors.aspx In a recent case, the SCA re-stated the circumstances under which directors of an entity may be held in contempt of court for actions taken by the entity. 2022-04-27T22:00:00Z 9489586a-52df-4816-8ad9-62e07e88287d https://www.webberwentzel.com//News/Pages/insurance-informer-prescription-and-joinder-applications-update.aspx The Webber Wentzel insurance team provides clients with regular updates on new developments in insurance law in South Africa. This update unpacks a recent medical malpractice case. 2022-03-22T22:00:00Z 6324c381-cbfa-4f28-8ed1-672b4a7fe4d0 https://www.webberwentzel.com//News/Pages/22-legal-developments-for-businesses-to-monitor-in-2022.aspx We have collated a snapshot of key themes to track in 2022 and of 22 legal developments for the year which you will need to keep a tab on. In 2022, various legal developments are expected to have an impact on businesses, particularly in the fields of liability, ESG, digital and economic transformation. 2022-03-22T22:00:00Z 3a62924a-a25b-4b94-856c-1e1e3375b365 https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-in-chambers-global-2022.aspx Earlier this year, Webber Wentzel was awarded South Africa Law Firm of the Year at the Chambers Africa Awards 2022. Yesterday, Chambers Global released its 2022 results, ranking law firm practices and lawyers according to their client service, commercial vision, business understanding, diligence and value for money. 2022-02-17T22:00:00Z 28aa3874-bcbb-447f-a31a-2bf498d675f8 https://www.webberwentzel.com//News/Pages/alternative-dispute-resolution-the-problematic-problem-solver.aspx While alternative dispute resolution helps to achieve a speedier outcome for commercial disputes than a court process, it presents challenges in developing legal jurisprudence. 2022-02-07T22:00:00Z a5e724d5-14d6-4bd0-9bf1-31bef30ba640 https://www.webberwentzel.com//News/Pages/south-african-law-year-to-come-2022-and-year-in-review-2021.aspx Webber Wentzel has contributed to the Linklaters' global guide series - Year to Come 2022 and Year in Review 2021. The series brings together analysis, thinking and highlights from lawyers around the world across multiple jurisdictions, in the form of topic-specific and jurisdictional guides. 2022-01-17T22:00:00Z 3c4be078-58d9-4aeb-90cc-b61e706c3d96 https://www.webberwentzel.com//News/Pages/the-insurance-odyssey-2021-digi-brochure.aspx Webber Wentzel recently partnered with our alliance and relationship firms to prepare a new insurance focused insight series titled "the Insurance Odyssey 2021". 2021-11-07T22:00:00Z 95d6a437-61f8-461a-aa4a-7ffd1f818f95 https://www.webberwentzel.com//News/Pages/prioritising-the-s-in-esg-can-lessen-disputes-between-mining-companies-and-adjacent-communities.aspx Accentuating the 'S' in Environmental, Social and Governance can help mining companies deliver better business outcomes, lessen costly disputes and help rebuild stakeholder trust. 2021-11-03T22:00:00Z fe285401-0f9e-40d1-a77b-3c1e815a8496 https://www.webberwentzel.com//News/Pages/tighten-the-esg-focus-or-face-litigation.aspx Litigation on Environmental, Social and Governance matters is rising in volume, both globally and domestically, but there are various steps that companies can take to mitigate the risks 2021-10-13T22:00:00Z 6e006404-4189-474f-86e0-b528b153e7c8 https://www.webberwentzel.com//News/Pages/a-journey-of-growth-and-success.aspx Webber Wentzel Senior Partner Christo Els and Managing Partner, Sally Hutton, chat to Tom Pearson in a podcast focussing on the growth and success of one of Africa’s foremost law firms. 2021-08-09T22:00:00Z 13b9c74c-95cd-4684-892f-c79eda641270 https://www.webberwentzel.com//News/Pages/disclosure-of-third-party-funding-arrangements.aspx AFSA International – a branch of the Arbitration Foundation of Southern Africa – has recently released its new rules, which require the disclosure of third-party funding (TPF) arrangements in the international arbitrations it administers. 2021-07-22T22:00:00Z f698f1dd-6376-43d1-b77a-364721127d00 https://www.webberwentzel.com//News/Pages/sa-riots-does-force-majeure-apply.aspx Businesses experiencing disruption from the recent events in South Africa may be able to invoke force majeure clauses in contracts, or the law of supervening impossibility, depending on the circumstances 2021-07-14T22:00:00Z 5796391b-d880-4c7b-b5d1-018b5da1a3d3 https://www.webberwentzel.com//News/Pages/sa-riots-limitations-on-insurance-claims.aspx Businesses seeking to recover losses from the widespread damage caused by recent riots and looting recently need to act promptly in filing claims to SASRIA 2021-07-14T22:00:00Z 51afbb93-987a-4b26-8a28-8f0b8967ba93 https://www.webberwentzel.com//News/Pages/emergency-arbitrators-afsas-latest-innovation.aspx The Arbitration Foundation of South Africa (AFSA) is the latest of a growing number of leading arbitral institutions to incorporate the appointment of an emergency arbitrator and emergency arbitration provision into its new international rules (the new rules). This is a welcome step by AFSA in promoting South Africa as a modern arbitration destination. 2021-06-29T22:00:00Z 510671ba-60f3-4a78-b1d9-acc835833d4a https://www.webberwentzel.com//News/Pages/the-new-afsa-international-arbitration-rules-simply-explained.aspx The Arbitration Foundation of Southern Africa’s new Rules, which came into effect on 1 June, are a welcome move that will help to grow South Africa's reputed position as an international arbitration seat. 2021-06-01T22:00:00Z f52ab87c-91b6-4b00-8d9c-17a12201f8d2 https://www.webberwentzel.com//News/Pages/cross-border-guide-on-the-impact-of-insolvency-on-international-arbitration.aspx Webber Wentzel together with Linklaters and Allens, have created a global guide - Cross-border Guide on the Impact of Insolvency on International Arbitration. 2021-03-25T22:00:00Z 24b8e22e-4b60-472f-a1d6-fb40d73fc09e https://www.webberwentzel.com//News/Pages/court-upholds-the-importance-of-disclosure-of-documents-in-litigation.aspx In a recent case where a claimant for damages sought to prevent the disclosure of her medical records, the rules of court were found to override other legislation relating to confidentiality of personal information 2021-03-15T22:00:00Z aff71d71-4806-4ba6-b2a3-efe3175de848 https://www.webberwentzel.com//News/Pages/sa-lets-do-business-ebook.aspx ​A tailored and on-the-ground perspective for business in South Africa and those looking to invest in South Africa. 2021-02-28T22:00:00Z 1b6cb59c-25ba-4380-8f5d-85c12329a204 https://www.webberwentzel.com//News/Pages/webber-wentzels-expertise-recognised-by-chambers-global.aspx Chambers Global has released their 2021 results. Webber Wentzel had an exceptional year with key highlights. 2021-02-21T22:00:00Z 132859c9-27be-4c31-abf0-4e312936fa62 https://www.webberwentzel.com//News/Pages/21-legal-developments-for-businesses-to-monitor-in-2021.aspx We have collated a snapshot of key themes to track in 2021 and of 21 legal developments for the year which you will need to keep a tab on. 2021-02-17T22:00:00Z 8792d2b3-28eb-4845-941d-dd12e0a347ca https://www.webberwentzel.com//News/Pages/webber-wentzel-contributes-to-the-chambers-and-partners-2021-insurance-and-reinsurance-guide.aspx Webber Wentzel has contributed the South African section of the Chambers and Partners 2021 Insurance & Reinsurance guide covering 25 jurisdictions. 2021-02-08T22:00:00Z 74086429-2b9c-4625-b28a-5f7d2ad39809 https://www.webberwentzel.com//News/Pages/linklaters-global-guide-year-in-review-2020-and-year-to-come-2021.aspx We have contributed to the Linklaters' global guide series - Year in Review 2020 and Year to Come 2021. 2020-12-06T22:00:00Z c594d5d9-dd76-44e9-b8cb-6fd0ac302658 https://www.webberwentzel.com//News/Pages/b-bbee-challenged-in-public-tenders.aspx The Supreme Court of Appeal has ruled that the 2017 Preferential Procurement Regulations do not provide the required framework for the application of considerations such as broad-based black economic empowerment contributor status and black ownership to be used for pre-qualification of bidders or as a condition for mandatory sub-contracting in public tenders. 2020-11-22T22:00:00Z 2b312256-24a0-4de8-8b7b-d6178c05f264 https://www.webberwentzel.com//News/Pages/is-sa-open-for-business-dealmaking-in-sa-walking-a-tightrope.aspx South Africa’s economic performance is at its weakest since the advent of democracy. The 2009 Global Financial Crisis pales in comparison. Real gross domestic product (GDP) fell by -1.5% in 2009, while South Africa expects a decline of at least -7% in 2020. 2020-11-15T22:00:00Z 9d26cc59-9f78-4799-a326-aad565b050b8 https://www.webberwentzel.com//News/Pages/professional-complaints-one-finger-pointed-at-a-practitioner-could-mean-four-fingers-pointed-back-at-the-complainant.aspx The case of Holden v Assmang Limited (1277/2019) ZASCA 145 (5 November 2020) concerned the issue of malicious proceedings brought against a professional before the professionals' own professional regulatory body. 2020-11-15T22:00:00Z 0a6d23c8-7ecd-4f22-b065-1ad93703f41b https://www.webberwentzel.com//News/Pages/2017-preferential-procurement-regulations-declared-invalid-by-supreme-court-of-appeal.aspx A recent Supreme Court of Appeal (SCA) matter concerned the validity of the 2017 Preferential Procurement Regulations promulgated under s 5 of the Preferential Procurement Policy Framework Act. 2020-11-11T22:00:00Z 752f67f2-071d-4107-b354-073e8a1da9f9 https://www.webberwentzel.com//News/Pages/mec-for-social-development-not-liable-for-damages-caused-to-child-injured-on-outdoor-playground-at-preschool.aspx The Supreme Court of Appeal has handed down a judgment confirming that the Member of the Executive Council for Social Development is not liable for damages of a child injured by an outdoor play equipment at a preschool. 2020-10-28T22:00:00Z 3396997a-f634-48f8-b9bc-03a0d7d7b6da https://www.webberwentzel.com//News/Pages/the-insurance-odyssey-2020-brochure.aspx This publication called 2020: An Insurance Odyssey, is a whirlwind tour of 20 judgments handed down by our Courts over the last 20 years or so, in which certain basic and some rather complicated principles of Insurance Law have been set out and developed. 2020-10-26T22:00:00Z 85ffe44e-3143-4a35-8c03-089e07ec4c7f https://www.webberwentzel.com//News/Pages/the-early-bird-catches-the-worm.aspx Early dismissal procedures can be used in international arbitration to dispose of defective claims and defences, without incurring the costs of a full hearing. 2020-09-28T22:00:00Z 3c03c52d-5e72-405b-a11a-a78a44b979ee https://www.webberwentzel.com//News/Pages/mining-and-community-engagement-the-latest-decision.aspx A recent decision of the Supreme Court of Appeal has clarified some issues relating to consultation with affected communities when a mining right is being applied for 2020-09-01T22:00:00Z ef268f68-446e-4a08-958f-df640d27512b https://www.webberwentzel.com//News/Pages/interpretation-of-insurance-policies-the-importance-of-clarity.aspx We are presently seeing a growing number of court actions being brought by disgruntled insureds against their insurers due to unhappiness with how their pandemic-related claims were assessed. 2020-08-25T22:00:00Z 82060d02-7cd8-4a4a-945a-31b58b2ff1a1 https://www.webberwentzel.com//News/Pages/New-obstacles-raised-against-effective-healthcare-in-SA.aspx Recent legal actions against practising medical professionals may deter new entrants and cause experienced practitioners to retire, which has dire consequences for effective healthcare delivery in SA. 2020-08-10T22:00:00Z 989ecfce-c478-40c8-8e7b-743bd5149afc https://www.webberwentzel.com//News/Pages/interpretation-of-insurance-policies-importance-of-clarity.aspx At a time of disputes over whether insurers will pay claims arising from the Covid-19 pandemic, a recent court judgment highlights the importance of defining events excluded from insurance policies. 2020-07-20T22:00:00Z abc1b59b-5ee8-4b0b-a65a-d213ee430657 https://www.webberwentzel.com//News/Pages/covid-19-emergency-measures-and-investor-state-arbitration-claims.aspx The unprecedented nature of the Covid-19 pandemic has re-kindled debates around the appropriateness of investor-state dispute settlement (ISDS) provisions in bi- and multi-lateral investment treaties. This article unpacks the key issues around the debate. 2020-05-25T22:00:00Z 5176e49a-6cdc-40bb-8950-9e824f97c6bd https://www.webberwentzel.com//News/Pages/covid-19-arbitration-may-avert-the-massive-court-backlogs.aspx South African courts already face massive issues related to backlogged matters. Court closures and hearing of limited matters to flatten the Covid-19 curve will raise further delays in resolving disputes. 2020-04-22T22:00:00Z 5180f6d7-ade3-4416-968e-7803bb0208a6 https://www.webberwentzel.com//News/Pages/covid-19-and-sa-courts.aspx On 23 March 2020, President Cyril Ramaphosa announced that the National Coronavirus Command Council has decided to enforce a nation-wide lockdown, commencing at midnight on Thursday 26 March and enduring for 21 days (until 16 April 2020) in an attempt to reduce the spread of Covid-19 in South Africa. 2020-04-21T22:00:00Z be7663d4-b239-4d2e-bed0-3bcdd380d709 https://www.webberwentzel.com//News/Pages/webber-wentzel-uses-technology-to-resolve-disputes-throughout-covid-19-lockdown.aspx Webber Wentzel is encouraging its clients to use its technology tools and capability to progress and resolve disputes during the Covid-19 lockdown, rather than postpone matters indefinitely. 2020-04-07T22:00:00Z 1b17db2b-ed8e-48df-860e-6bd717ccb8a7 https://www.webberwentzel.com//News/Pages/dont-be-a-covid-19-criminal.aspx Following President Cyril Ramaphosa's speech on Sunday evening, the state published new regulations related to Covid-19, in terms of the Disaster Management Act on 18 March 2020. 2020-03-23T22:00:00Z 9d9045a2-92bf-4579-b2ea-721e27bd9d5a https://www.webberwentzel.com//News/Pages/fake-news-about-covid-19-now-a-criminal-offence.aspx As COVID-19 infections spread rapidly around the globe and governments everywhere scramble to limit infections, fake news about the disease on social networks has become a major problem. 2020-03-23T22:00:00Z f4b4b745-184a-425d-ba3e-b518ba256b3c https://www.webberwentzel.com//News/Pages/covid-19-a-new-environment-for-insurers-and-claimants.aspx After the likely spike in insurance claims arising from the COVID-19 pandemic, insurers are likely to introduce new or changes to existing exclusionary clauses which were not previously considered to be necessary. 2020-03-17T22:00:00Z 9ad3b564-88fe-4e0e-a38f-f93110b167fd https://www.webberwentzel.com//News/Pages/covid-19-and-business-interruption-are-you-covered.aspx The out-break of Covid-19, which originated in China and has since spread to most of the world, is one of the most serious threats to public health in recent times. 2020-03-16T22:00:00Z 36bae59a-f44c-4395-b139-0561c54877b0 https://www.webberwentzel.com//News/Pages/covid-19-and-performance-on-contracts-unpacking-key-issues.aspx With Covid-19 declared a global pandemic, the potential impact on a party's ability to perform in terms of a contract is far-reaching. 2020-03-15T22:00:00Z 5e89dac7-edd9-4ec1-b51e-28512911d143 https://www.webberwentzel.com//News/Pages/chambers-global-recognises-excellence-at-webber-wentzel.aspx Chambers Global has released their 2020 results. Webber Wentzel had an exceptional year with key highlights. 2020-02-13T22:00:00Z 3ebe9d47-6cb3-4923-be45-27dd1d2ff352 https://www.webberwentzel.com//News/Pages/what-the-introduction-of-development-charges-in-the-municipal-fiscal-powers-amendment-bill-means-for-municipalities-land.aspx The Minister of Finance has recently published the Municipal Fiscal Powers Amendment Bill for public comment. 2020-01-27T22:00:00Z 0fe5353c-7f13-40eb-98fe-0703f8fb639b https://www.webberwentzel.com//News/Pages/chambers-insurance-and-reinsurance-2020-south-africa.aspx Webber Wentzel has contributed to the Chambers and Partners: Insurance & Reinsurance 2020 Guide. The Insurance & Reinsurance Guide covers key issues in insurance and reinsurance laws and regulations. 2020-01-21T22:00:00Z 63aa46d7-a19f-4ef8-90aa-7f308b1cfab3 https://www.webberwentzel.com//News/Pages/indemnity-clauses-and-disclaimers-do-they-stand-up-to-scrutiny.aspx Indemnities are in principle legally valid in South Africa, but whether they are enforceable depends on the particular circumstances of the case. 2020-01-21T22:00:00Z 28f34113-6a8e-4b6b-b8f8-fe9230e241bc https://www.webberwentzel.com//News/Pages/higher-degree-of-care-required-when-dealing-with-children.aspx The tragic death of 13-year-old, Enoch Mpianzi from Parktown Boys' High School who drowned at a school orientation camp in the North West on 15 January 2020 has yet again brought into the spotlight the duty of those responsible for children and the standard of care required when dealing with children. 2020-01-21T22:00:00Z 4f1d90c0-0bfa-4ca1-b90b-1dae7e45f1f1 https://www.webberwentzel.com//News/Pages/sa-insurance-update-good-news-law-on-claims-for-indemnity-clarified.aspx The law regarding prescription of an insured's contingent right to claim indemnification from an insurer under an insurance policy has been clarified following a recent Supreme Court of Appeal judgment. 2020-01-15T22:00:00Z 2c5a89fd-5ab2-475c-beea-9cef9960576d https://www.webberwentzel.com//News/Pages/seeking-to-rely-on-a-signed-exclusion-of-liability-and-indemnity-clauses.aspx A recent High Court decision is a good reminder of the protection provided by the Consumer Protection Act to consumers who have entered into agreements which limit and/or exclude the liability of suppliers for damages arising from services rendered. 2020-01-15T22:00:00Z 074c254e-b869-43ad-9dce-8c058ec224cd https://www.webberwentzel.com//News/Pages/reflections-on-2019-and-key-insights-for-2020.aspx Each year we publish a South Africa - Year in Review and Year to Come 2019/2020 insights piece with our alliance partner, Linklaters. 2020-01-08T22:00:00Z 443aa89b-cf4f-46b9-aa62-130bb3c77fa4 https://www.webberwentzel.com//News/Pages/south-african-investment-laws-foreign-investors-with-treaty-protection-may-challenge-proposed-expropriation-of-land.aspx In July 2018, we published an e-alert setting out key changes to South African investment laws. The e-alert highlighted that as a result of a review of its investment laws, the South African government has terminated several Bilateral Investment Treaties. 2019-12-04T22:00:00Z 8b134693-9483-4dbc-bc9e-2bc3d885ed24 https://www.webberwentzel.com//News/Pages/arbitration-in-sa-thomson-reuters-2019-practical-law-uk-practice-notes.aspx Webber Wentzel has contributed to the Arbitration in South Africa chapter of Thomson Reuters’ Practical Law UK Practice notes. 2019-11-04T22:00:00Z 44976360-2a3b-4f43-91e4-b29d2f1ddfe4 https://www.webberwentzel.com//News/Pages/webber-wentzel-bolsters-its-leading-insurance-offering.aspx Webber Wentzel has for many years been considered a leader in the insurance field. 2019-10-27T22:00:00Z 13418ac4-7d91-4f81-8c01-ac6d47f820a8 https://www.webberwentzel.com//News/Pages/webber-wentzel-is-african-law-firm-of-the-year-at-the-african-legal-awards.aspx Webber Wentzel received the coveted African Law Firm of the Year award at the 2019 African Legal Awards on Friday, 6 September 2019. 2019-09-08T22:00:00Z 6e844c4a-48a5-4ce0-9323-7c00063d24bb https://www.webberwentzel.com//News/Pages/informing-the-uninformed-doctors-and-patients-communication-is-key.aspx 1 April 2019 was certainly not a day for fools. The Supreme Court of Appeal gave judgment in the case of Beukes v Smith ((211/2018) [2019] ZASCA 48) for a surgeon whose information to his patient was called into question. 2019-04-07T22:00:00Z 6d273ab1-3388-43b7-bf13-d6b30d01562c https://www.webberwentzel.com//News/Pages/new-partner-promotions.aspx Webber Wentzel has announced 7 new partners across 6 practice areas, namely public law, projects, tax, employment, antitrust/competition, and dispute resolution. Three of our new partners are women and three are black which continues to strengthen the Employment Equity representation in the firm. 2019-03-18T22:00:00Z a3ff4e83-e6bd-4d78-878d-e68eead0dc02 https://www.webberwentzel.com//News/Pages/sca-decision-a-shake-up-for-insurers-who-underwrite-pi-insurance-advisers-intermediaries-brokers.aspx The issues considered on appeal in a decision by the Supreme Court of Appeal (SCA) are important both for insurers who underwrite Professional Indemnity (PI) insurance and advisers, intermediaries and brokers. 2019-03-17T22:00:00Z 4b02a752-0e58-4b12-82a1-007bd872780c https://www.webberwentzel.com//News/Pages/webber-wentzel-publishes-insights-pieces-looking-at-key-legal-and-regulatory-developments-for-2018-2019.aspx Webber Wentzel together with its alliance partner, Linklaters, recently published a Year in Review and Year to Come 2018/2019 insights piece. This publication highlights significant legal and regulatory developments that took place in South Africa during 2018, and expected changes for 2019. 2019-01-14T22:00:00Z 3c2d2611-b83e-4764-9a92-686c4bc0bf46 https://www.webberwentzel.com//News/Pages/what-a-privilege-uk-developments.aspx The United Kingdom (UK) Court of Appeal has handed down a decision which is undoubtedly the most important recent ruling on the issue of legal privilege, in particular legal privilege relating to documents gathered and created for purposes of carrying out internal investigations in contemplation of litigation. The decision may be important from a South African perspective as our courts may, when faced with a similar question, look to UK jurisprudence for guidance in this regard. 2018-09-06T22:00:00Z 9bc74a4e-0604-42f0-966a-a2ce277609c7 https://www.webberwentzel.com//News/Pages/the-liability-of-directors-in-cyberspace.aspx Cyber risks are evolving on a near daily basis posing countless threats to companies, and accordingly, directors need to stay abreast of legal developments to protect themselves and their companies in their fiduciary duties. The outline of such duties, in broad terms, is contained in legislation, common law and in the King IV Report on Corporate Governance for South Africa. Furthermore, duties which may not have been relevant to a director ten years ago may now have become relevant due to the development of technology and the associated risks. 2018-09-04T22:00:00Z bb06848e-9c5b-42cb-8bd9-f513bed43c9c https://www.webberwentzel.com//News/Pages/ransomware-can-you-pay.aspx Ransomware, also referred to as a crypto-virus, is malicious software that is used by cybercriminals to illicitly infect, lock-out and then take control over digital systems in order to prevent owners from re-accessing them. In doing so, cybercriminals use the ransomware to extort monies contingent on the promise of restoring owners' access to their systems. The two common ways through which Ransomware is installed are via phishing emails and/or the visiting of websites with malicious software. 2018-08-14T22:00:00Z a611c957-f925-4eec-826b-3a4968a72888 https://www.webberwentzel.com//News/Pages/understanding-class-action-procedures-locally-abroad.aspx We recently contributed to a global comparative review guide published by our alliance partner, Linklaters, looking at collective redress procedures across 19 jurisdictions. 2018-07-29T22:00:00Z 955e598b-a9c5-44b8-8ac2-66e1e9c05b06 https://www.webberwentzel.com//News/Pages/south-african-investment-laws-key-changes-of-which-foreign-investors-should-be-aware.aspx The Protection of Investment Act, 2015 (the Act) came into effect on 13 July 2018. By way of background, the South African government first began a review its investment laws and regulations following the case of Piero Foresti, Laura de Carli & Others v The Republic of South Africa launched under the auspices of the Washington DC-based ICSID in 2007.1 Following the review, South Africa terminated several Bilateral Investment Treaties (BITs) to which South Africa was a party. It then sought to "substitute" the treaty protections with domestic legislation, which ultimately led to the Act being passed. 2018-07-26T22:00:00Z 626c3139-e714-451c-beab-8eb9ca90852f https://www.webberwentzel.com//News/Pages/bringing-the-icca-2018-message-home-managing-and-resolving-complex-disputes-on-major-projects-on-the.aspx From 15 to 18 April 2018, our international arbitration team represented Webber Wentzel at the ICCA (International Council for Commercial Arbitration) 2018 Congress held in Sydney, Australia. The theme of this years' congress was "Evolution and Adaption: The Future of International Arbitration". 2018-04-22T22:00:00Z d468f6ae-585c-4a56-841c-5329f9847435 https://www.webberwentzel.com//News/Pages/a-victory-for-freedom-of-expression-webber-wentzel-succeeds-in-getting-inxeba-the-wound-back-in.aspx On 6 March 2018, the North Gauteng High Court handed down its ruling in the urgent review application by the producers and distributors of the movie Inxeba: The Woundagainst the Film and Publication Appeal Tribunal's (the Tribunal) decision to award the film a rating of X18. The filmmakers were represented by Webber Wentzel. 2018-03-06T22:00:00Z 7e49c697-47db-4e83-bd8f-e53540bd24f0 https://www.webberwentzel.com//News/Pages/south-africa-year-in-review-and-year-to-come-2017-2018.aspx In 2017, we saw significant legal and regulatory changes affecting South African businesses. It is likely that 2018 will bring further changes. 2018-01-24T22:00:00Z 571a9ad1-923c-4156-a905-c9992ce6ae21 https://www.webberwentzel.com//News/Pages/new-arbitration-act-promotes-south-africa-as-a-prime-arbitration-and-investment-hub.aspx The highly anticipated statute, the International Arbitration Act, No.15 of 2017 (the Act) came into effect on 20 December 2017 and will govern all international arbitrations seated in South Africa, including the enforcement of foreign arbitral awards. 2018-01-14T22:00:00Z a72404d8-a392-47f5-819f-a7da59dbcdf8 https://www.webberwentzel.com//News/Pages/the-corruption-amendment-bill-a-brief-overview.aspx The Department of Justice and Correctional Services has recently published the Prevention and Combating of Corrupt Activities Amendment Bill, 2017 (the Bill) which proposes to amend the Prevention and Combating of Corrupt Activities Act, 12 of 2004 (PRECCA). 2017-11-30T22:00:00Z af552f36-cd8e-4eba-92ce-8b0fee36e005 https://www.webberwentzel.com//News/Pages/notable-amendments-in-the-taxation-laws-amendment-bill-part-2.aspx The Taxation Laws Amendment Bill (TLAB) and Tax Administration Laws Amendment Bill (TALAB) were released on 25 October 2017. Our e-alert sent on 26 October 2017 discussed the tax administration, dispute resolution and value-added tax amendments in the bills. In this second ealert, we discuss amendments in the TLAB on international tax. We also discuss notable amendments relevant to individuals and trusts. 2017-10-29T22:00:00Z 2aa0cabb-26c7-4762-8a8e-0a732369965c https://www.webberwentzel.com//News/Pages/notable-amendments-in-the-tax-administration-laws-amendment-bill-and-taxation-laws-amendment-bill-on.aspx The Tax Administration Laws Amendment Bill [B28 - 2017] (TALAB) and Taxation Laws Amendment Bill [B27 - 2017] (TLAB) were released with the Medium Term Budget Policy Statement 2017 on 25 October 2017. Our newsletters on the Budget 2017 and draft bills can be found using the hyperlinks. 2017-10-25T22:00:00Z 3dca01cf-88a5-4ab9-91b7-1e831322d2e4 https://www.webberwentzel.com//News/Pages/understatement-penalties-for-gross-negligence.aspx The Tax Court handed down judgement on 18 August 2017 in the case of ABC Proprietary Limited v C: SARS. 2017-10-18T22:00:00Z b73c576d-002e-4dec-a15a-04ded1c5487a https://www.webberwentzel.com//News/Pages/webber-wenzel-rolls-out-ediscovery-dispute-resolution-support.aspx A few weeks ago we published an article around the use of eDiscovery in law firms as a result of growing volumes in big data and data storage capacity increases. In the world of litigation, the costs of discovery can amount to up to 70% of the total matter costs. 2017-10-15T22:00:00Z 0a493dc1-1c18-405f-910c-109f820c350a https://www.webberwentzel.com//News/Pages/big-data-has-significant-discovery-implications-for-litigation-and-dispute-resolution.aspx As the volume of big data escalates and data storage capacity increases, law firms need to take a proactive approach to data discovery, retention and management. Electronic discovery (eDiscovery) is the process in which electronic data is sought, located, secured and searched with the intent of using it as evidence in a civil or criminal legal case. 2017-09-05T22:00:00Z 777471bd-8385-42df-bffa-e7754555d7c3 https://www.webberwentzel.com//News/Pages/comprehensive-maritime-transport-policy.aspx The Department of Transport (the DOT) recently approved the Comprehensive Maritime Transport Policy (the CMTP) which was published in the Government Gazette on 12 June 2017. 2017-06-27T22:00:00Z