LITIGATION AND ENFORCEMENT IN SOUTH AFRICA: OVERVIEW

By Clement Mkiva,Perusha Pillay Friday, August 23, 2013
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What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? The High Court of South Africa (High Court) is the primary forum for adjudicating large commercial disputes (disputes with a commercial value of more than ZAR300,000). Disputes with a lower commercial value are dealt with in the Magistrates Courts. The proceedings in these courts are typically adversarial. In order for a court to find in favour of one party over the other, the successful party must have proved, on a balance of probabilities, their right to the relief sought.

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