Is new Rule 43 procedure UNCONSTITUTIONAL?

Is new Rule 43 procedure UNCONSTITUTIONAL?

Is the New Rule 43 application procedure in South African law, unconstitutional? This is the question which we are asked so many times in recent months. The Rule 43 applications procedure in the high courts has existed for many years as a means for divorcing parties...
ARBITRATION CLAUSE DISPUTES

ARBITRATION CLAUSE DISPUTES

ARBITRATION CLAUSE DISPUTES ARBITRATION – WHEN IS A DISPUTE ARBITRABLE? It seems that many parties do not know when a dispute is arbitrable. This article is provided as insight into this elementary issue which vexes so many. Bridging dispute resolution disputes is...
MEDIATION RULE 41A SERVICE

MEDIATION RULE 41A SERVICE

Mediation & Rule 41A of the Rules of the High Court Rule 41A, in effect since 09 March 2020, has placed mediation at the forefront of the high court legal procedure. However, it is still not compulsory and sensibly so. High Court litigation requires the services...