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The amended Uniform Rule 32 fundamentally altered South African civil litigation by requiring plaintiffs to apply for summary judgment only after delivery of the defendant’s plea. To successfully resist summary judgment, counsel and instructing attorneys must understand how to construct an answering affidavit that demonstrates a bona fide defence with sufficient particularity under current jurisprudence….

In South African civil procedure, the Plascon-Evans rule is the foundational evidentiary test governing final relief on motion. When genuine disputes of fact arise on the affidavits, the rule dictates whether an applicant is entitled to final relief, whether the application must be dismissed, or whether the dispute must be referred to oral evidence or…

Discover why the Constitutional Court ruled that establishing review jurisdiction is a strict prerequisite for compelling a Rule 53 Record in SA litigation.

Drawing a compliant Bill of Costs in South African litigation requires strict adherence to statutory tariffs. Whether taxing a party-and-party allocatur before the Taxing Master or settling an attorney-and-client statement of account under the Legal Practice Act 28 of 2014, understanding the official folio definitions, hourly caps, and allowable disbursements is essential. 1. The Legal…

Determining the correct forum and court monetary jurisdiction in South African litigation is a strict procedural threshold. Instituting proceedings in the incorrect court division exposes litigators to special pleas of lack of jurisdiction, costly scale-of-costs penalties, or dismissal under the Magistrates’ Courts Act 32 of 1944 and the Superior Courts Act 10 of 2013. 1….