The Northbound Processing v SA Diamond Regulator case highlights the risks of citing AI-generated case law in South African courts. It concerns the urgent release of a refining licence linked to a disputed business sale and highlights the consequences of [...]
In Mavundla v MEC: Department of Co-Operative Government and Traditional Affairs KwaZulu-Natal, the Pietermaritzburg High Court dealt with the consequences of legal practitioners submitting false case citations, most likely generated by artificial intelligence (AI), in their court filings. Who should [...]
In De Jager v Netcare, the High Court considered whether surveillance evidence collected without consent was admissible under the Protection of Personal Information Act (POPIA). The case clarifies when personal information, including special personal information like health data, may be [...]
This case highlights the importance of verifying banking details before making electronic payments, especially when receiving a change of instructions. Who should care about this judgment and why? Essentially all businesses face the threat of business email compromise. This judgment provides [...]
In Edward Nathan Sonnenbergs(ENS) v Hawarden, ENS appealed the judgment handed down in Hawarden v Edward Nathan Sonnenbergs. The Supreme Court of Appeal (SCA) upheld the appeal and dismissed the original order from the high court. Hawarden may appeal this [...]
In ED Food v Africa's Best Foods, the court examined the legality of commissioning affidavits electronically, such as through video conference calls. It found that online commissioning is valid and stressed substantial compliance with regulations. The short answer is yes, [...]
Makunga sued Barlequins Beleggings t/a Indigo Spur for damages arising from a breach of contract. This is a good example of AI in court proceedings. Makunga represented himself and successfully used generative AI and Google to draft his heads of [...]
In this case, State v Ndiki and others, the court ruled that computer-generated evidence labelled as hearsay according to the Law of Evidence Amendment Act 45 of 1988 (LEAA) could be allowed under specific parts of the Act. Evidence depending [...]
In the Casino Enterprise v Gauteng Gambling Board case, the court ruled that Gauteng's gambling laws governed the activities of the Swaziland online casino. As a result, the company had to comply with these rules and obtain the necessary permissions. This [...]
In Firstrand Bank Ltd t/a Wesbank v Leon Gregory Govender, Wesbank successfully sued its client for the breach of an electronic contract. Who should care about this judgment and why? Anyone who uses and enters into electronic contracts. What could [...]
In Blind SA v Minister of Trade, the Constitutional Court declared sections of the Copyright Act unconstitutional. People with visual and print disabilities can now access published works in accessible formats like braille, audio and DAISY (Digital Accessible Information System). [...]
As the saying goes, "March comes in like a lion and goes out like a lamb". Regarding GDPR enforcement actions collated in March 2023, the lion has roared. Recent enforcement actions related to the General Data Protection Regulation (GDPR) in [...]
