Private and Commercial Law

The recent judgment of the High Court, Gauteng Division (Johannesburg) in Medicross Healthcare Group (Pty) Ltd v Dr LH Linde & Associates (6 August 2025) provides a valuable illustration of the complexities surrounding the revocability of powers of attorney.

Summarily, this case highlights and affirms the concept that you cannot “own” a common word just because you registered it as part of your brand, especially if it is widely used in your industry.

A recent judgment of the Western Cape High Court in Momentum Metropolitan Life Ltd v Lavender Hill Trading 544 CC and Another has stirred debate about whether South African courts are softening the rules on electronic signatures in suretyship agreements.

The Constitutional Court ("CC") handed down an unprecedented order remitting the long-running “Please Call Me” dispute between Vodacom and Nkosana Makate back to the Supreme Court of Appeal ("SCA"), raising serious procedural and substantive concerns.

A significant Constitutional Court decision, coupled with expected legislative reforms, suggests that courts now have broader powers to intervene where fairness and justice require it, even when the terms of the ANC exclude accrual.

In community schemes, questions often arise about who must pay a special levy when a sectional title unit is sold. Is it the seller who was the owner when the levy was raised, or the purchaser who becomes the new owner when it’s due?