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Dispute Resolution

Dispute resolution advice and support services across all legal forums, risk and merit assessment, institution and management of legal action, briefing of counsel, lodging of appeals and reviews, legal representation, preparation of documentation, legal opinions and all related support to resolving legal disputes.

Team
Sectors
Insights

Charmaine Walker

Director, Dispute Resolution, Family Law and Collections

PROFILE

Gerrit Coetzee

Director, Commercial, Labour Litigation and Administration of Deceased Estates

PROFILE

Mamati Gumbi

Director, Litigation and Dispute Resolution

PROFILE

Charmaine Walker

Director, Dispute Resolution, Family Law and Collections

PROFILE

Gerrit Coetzee

Director, Commercial, Labour Litigation and Administration of Deceased Estates

PROFILE

Mamati Gumbi

Director, Litigation and Dispute Resolution

PROFILE

Clients are often surprised when they discover clauses in their construction contract that requires them to give notice to the building contractor, usually within very short periods of time, of their intention to dispute a set of circumstances, failing which, they lose their right to refer such a dispute for dispute resolution. This then rais

107

Article

Prescription and claims against organs of state

28 February 2023

Claims against the state may arise from several causes of action. Importantly though, it must be remembered that claims against any organ of state are also subject to prescription, and care should be taken to not let your claim prescribe. In this article, we examine the current legal position in respect of prescription and claims against the state.

Article

Constitutional Court confirms Department had no duty of care for faulty swing

14 June 2022

In a saga that has traversed the Western Cape High Court, Supreme Court of Appeal and eventually the Constitutional Court, the Constitutional Court has now finally confirmed the position of Government in respect of its responsibility for the safety of Early Childhood Development (ECD) centres.

331

Article

Remission of rent and sub-lessees

19 May 2022

The Covid-pandemic caused a major disruption to many commercial rental properties, with lessees claiming remission of rent because of their inability to use and enjoy the rental properties. Although subject to many factors, it is common cause that lessees have been able to claim remission of rent due to Covid-19. But what is the position when it co

307

Article

At long last, clarity on whether you can transfer your water rights

08 February 2022

Because of the ample rain that has fallen countrywide, many dams are full, leading to cases where people do not have use for their water rights. So, it begs the question as to whether it is possible to sell your water rights to someone else?

354

Article

Settle your dispute with a settlement agreement

29 March 2023

In dispute resolution matters, the settlement agreement has become an important tool to cut short protracted conflict and litigation and for parties to agree to a full and final settlement of their dispute. In this article, we explore in a bit more detail how and when a settlement agreement should be used to settle a dispute.

Article

Don’t get caught napping with a time-bar clause in your construction contract

28 February 2023

107

Article

Prescription and claims against organs of state

28 February 2023

Article

Constitutional Court confirms Department had no duty of care for faulty swing

14 June 2022

331

Article

Remission of rent and sub-lessees

19 May 2022

307

Article

At long last, clarity on whether you can transfer your water rights

08 February 2022

354

Article

Is arbitration a good option for solving legal disputes?

14 December 2021

Our company has noticed a rise in default by our service providers. In the past we’ve managed to address these with a few stern phone calls and letters, but it looks more and more like we are starting to run into serious issues with service providers struggling because of the economy. We don’t want to necessarily engage in litigation bu...

387

Article

Liability of an insurer after cancellation of a life policy

10 August 2021

My mother cancelled her life insurance due to financial reasons less than a week before she passed away unexpectedly. Despite her having paid her premiums for many years, the insurer is repudiating the claim saying that she cancelled her policy and was accordingly not covered anymore. Is this really the legal position?

352

Article

Can you force a party to mediate a dispute?

14 July 2021

I have a growing dispute developing with a service provider and it looks like it may head to court. However, with delays and costs of litigation, I was wondering whether the option of mediation is not a better alternative. But can I force the other party to use mediation rather than going to court?

560

Article

Your right of pre-emption when a group of properties is being sold

14 July 2021

I rent a portion of a farm which forms part of a larger group of properties. In my lease agreement I have a standard right of pre-emption. It has come to my attention that the owner wishes to sell the entire portfolio of properties as a single transaction, including the portion I am leasing. I don’t want to lose the property, but I’m no...

596

Article

The impact of the new Cybercrimes Act on businesses

14 July 2021

My business operates in the electronic communications sector and I’m a little concerned as to what the new Cybercrimes Act will mean for us and how it can affect my business. Can you shed any light on this?

486

Article

Disclosure of medical records vs the right to privacy

14 June 2021

A client recently fell over boxes standing in the aisle in my store. He is suing me for damages claiming that the head injuries he sustained from the fall resulted in him being fired from work. I’ve heard from another source that he was dismissed because of a history of alcohol and drug abuse and that he has been in and out of rehabilitation....

428

Article

When do maintenance obligations prescribe?

20 May 2021

My ex-husband has for some time now not paid his maintenance as per the court order. Because I had a job and was earning a basic income, I just left it as I didn’t want the hassle of trying to get him to pay. Now I’ve been retrenched and have asked him to pay his outstanding maintenance, but he refuses and says his attorney told him tha...

480

Article

The final say on business interruption insurance and Covid-19

16 March 2021

I’ve been following the media reports relating to the Café Chameleon case and their claim that their business interruption insurance covers losses suffered due to Covid-19. The last I heard was that this case was being appealed by the insurer. I have a similar argument going with my insurers, and would like to know whether there is any...

424

Article

Can a settlement agreement override fair tender procedures?

10 February 2021

After losing a tender, we lodged a complaint with the department against their awarding of the tender to a bidder who we are aware operates in a less than reputable fashion. The department informed us they would cancel the tender. Subsequently we have heard that although the tender was cancelled, the department wants to enter into a settlement agre...

379

Article

Prescription and surety don’t always play well together

06 January 2021

Our company is owed money by one of our contractor companies who we helped with finance and provided us with personal sureties by the shareholders as security for the transaction. They have been making promises that they will pay for some time and we left it, but now we are getting worried about prescription. We are also unsure whether if we act ag...

306

Article

What to do if my pesky neighbour keeps parking in the visitors parking area

06 January 2021

One of the residents of the sectional title scheme I live in, constantly parks his vehicle in the parking bays designated for visitors. This is frustrating as there is limited visitors parking and often visitors are forced to park outside the scheme which is inconvenient and a safety risk. What can be done about this resident?

284

Article

Is government liable for an accident at a private nursery school?

10 November 2020

I recently saw an article in the news saying that the Western Cape Department of Social Development was not responsible for injuries caused to a child in a day care funded by the Department. Surely this cannot be right and the Department should be responsible?

317

Article

Can a body corporate institute action against the sectional title developer?

10 November 2020

In our sectional title scheme, it has become clear that many of the structures on the common property have been poorly built and are defective. However, the body corporate is uncertain whether it can take action against the developer for these defects and accordingly nothing is happening. Surely the body corporate should be able to do something?

309

Article

Can your ex-spouse circulate your private information?

10 November 2020

My ex-husband still has access to our shared cloud account. Unbeknown to me this meant he could see all my back-ups of messages, photos and other personal information. Our divorce did not end well and he is now sharing private and personal information of me with third parties to embarrass me and to try and portray me as a bad parent. What can I do ...

282

Article

Pending divorce and evicting your abusive partner

12 October 2020

My husband and I are busy getting a divorce. We are currently still living under the same roof, but my husband insults me and is quite abusive in front of our children. We bought the house together but I don’t want him living there. Is there any way I can force him to move out before we are divorced?

280

Article

What’s the latest on using cannabis?

12 October 2020

It has been nearly two years since all the hype in the media about the use of cannabis. Yet nothing has changed and it seems like the status quo is still ongoing. Am I wrong in my view on this?

271

Article

Business interruption insurance and Covid-19

11 September 2020

I’m a restauranteur and have suffered massive losses during the Covid-19 lockdown. I was just wondering whether there are any insurance options I may have or could look into to make up for some of the losses in my business due to Covid-19?

372

Article

11 September 2020

245

Article

How far is a bank liable if you lose your credit card and pin?

10 July 2020

I lost my wallet with my credit card in it and a piece of paper on which I wrote down my new card pin number. Because I was hoping I may still find my wallet, I didn’t immediately stop my bank card. A few hours later somebody used my card to pay for food on the other side of town. I then immediately phoned the bank to stop the card and inform...

252

Article

How far can Covid-19 be used to avoid meeting contractual obligations?

11 June 2020

With the outbreak of the coronavirus and the resulting lockdown I have found that many of the service providers to my business are using the coronavirus as an excuse to not meet their contractual obligations. We have all been affected by this, but at some point the virus cannot be a blanket excuse for not meeting your obligations. To what extent is...

262

Article

Facebook blackmail to pay your accounts. Okay or not?

11 November 2019

My company recently bought products from a local store. They sent the invoice, but the invoice details and VAT number was incorrect and we asked them to correct it as our bookkeeper said we can’t pay until a correct invoice was received. In the meantime we now see that the store started posting comments on Facebook saying our business was ban...

261

Article

How to get a protection order against your harassing ex

15 September 2019

I have an ex who is harassing me in person and on social media after we broke up a few weeks ago. The more I make it clear to him that we are done the more aggressive he gets and the uglier comments he makes on social media. I’m really scared to go out and run into him and I am so ashamed of everything he is saying on social media. I want him...

290

Article

How enforceable is that restraint of trade really?

15 September 2019

We recently interviewed a software engineer for a position at our company. In the interview it came to light that the engineer had just left the employ of one of our main competitors and that he was bound by a restraint of trade in terms of his previous employment agreement with the company. We really want to appoint him because of his skills but a...

263

Article