The law of South Africa affords parties the freedom to enter into a contract and to choose who they wish to enter into a contract with. The general requirements for a legally enforceable contract are consensus, capacity, certain mandatory formalities and legality. In exercising their freedom of contract, the parties to a contract are permitted to conclude an arbitration agreement [...]
Going to court is a costly and time-consuming exercise. There is no guarantee of success and in most cases even if you are successful you would probably not be able to recover all the money that you have spent on legal fees. Before taking someone to court, it is important that you are familiar with the various aspects of legal [...]
Vodacom has been successful in a Supreme Court of Appeal (“SCA”) battle to get access to underground ducts, sleeves and manhole covers (“the Infrastructure”) within the Dennegeur Residential Estate in Cape Town (“the Estate”). The Estate had, twenty years ago, installed the Infrastructure, but had permitted Telkom to run its ADSL copper cables in the ducts. In 2016, the Estate [...]
