Webber Wentzel

Your AI tool just created something impressive. But who actually owns it? Under South African law, you likely do not. Platform terms cannot override the Copyright Act, which often grants ownership to the system's programmer, not the person behind the prompt. For businesses, this means real exposure to infringement and liability risks. Carla Dennehy sets out the essentials for protecting your AI-generated assets. Read more: bit.ly/4rEEel8 #TMTLaw #IntellectualPropertyLaw #AI #Copyright #LegalRisk #WebberWentzel

South African company law and corporate governance is constantly evolving. On Tuesday we sat down with our clients in Johannesburg to work through what recent developments in this space mean in practice. From the simplified JSE Listings Requirements to the recently launched King V and the practical realities of digital governance, Safiyya Patel, as moderator, joined by our panel of Jesse Watson, Madelein van der Walt and Taaj Viljoen covered the developments that matter most to boards, advisers and in-house counsel right now. Thank you to everyone who joined us in Johannesburg. The Cape Town leg of the seminar takes place on 26 March — we look forward to welcoming you there. #CompanyLaw #CorporateGovernance #JSEListings #KingV #WebberWentzelEvents #WebberWentzel

Webber Wentzel partner Chandni Gopal will be attending the ESG in Evolution: the legal imperatives of tomorrow, hosted by the International Bar Association, from 25-27 March 2026 in Paris, France. This conference will explore how ESG continues to evolve amid shifting global political, trade and regulatory landscapes. The discussions will focus on the legal imperatives shaping ESG’s future - including anti-corruption enforcement, cross-border trade and investment tensions, and the balance between legal harmonisation and divergence. Visit the official event website for more information and registration: bit.ly/47SLHWC #IBAESG #Sustainability #CorporateLaw #ClimateChange

“My AI said so” is not a defence. As AI tools become standard in arbitral practice, reviewing documents, drafting submissions, and in some cases assisting with awards, the legal profession is grappling with a question it can no longer ignore: where does assistance end and delegation begin? Priyesh Daya, Brittany Leroni and Caitlin Leahy examine the risks of AI in arbitration proceedings, from data security and hallucination to enforceability challenges under the New York Convention: bit.ly/4lApRNx #Arbitration #AILaw #DisputeResolution #LegalTech #WebberWentzel

The Famous Idea Trading v GEMS judgment settles a question that has long complicated procurement in the construction, infrastructure and energy sectors: private entities are not exercising public power, and their tender decisions fall outside the reach of PAJA review. For developers, contractors, lenders and energy companies, the practical implications are significant, from reduced litigation risk to greater timeline certainty on critical projects. Tyron Theessen and Michelle Diers analyse the judgment and what it signals for private procurement going forward. Read the full article: bit.ly/3NxKzkl #InfrastructureLaw #EnergyLaw #WebberWentzel

🏆 | Proud to be recognised at the IFLR Awards, which celebrate legal innovation in dealmaking, from pioneering new structures to shaping the frameworks that support cross-border investment. These awards reflect the strength of our teams and the impact of the work delivered for our clients across complex, high-value transactions. #IFLRAfricaAwards

A US court ruled that documents a defendant created using an AI chatbot were not privileged, and the reasoning matters for anyone using AI in a legal context. The AI held no licence, owed no duty of loyalty, and the platform's privacy policy allowed data to be used for model training. Kim Rew and Tristan Marot look at what this means locally, where the same principles apply, and how legal practitioners can use AI tools without compromising confidentiality obligations: bit.ly/3N9Gtir #AILaw #LegalPrivilege #WebberWentzelFusion

Expert psychiatric evidence is not a "nice-to-have" in emotional distress claims - it is essential. A recent High Court judgment dismissed a deeply sympathetic claim because the plaintiff could not prove a recognised psychiatric injury through expert evidence. Grief alone, however genuine, is not enough. Raynold Tlhavani and Maano Manavhela break down the judgment and its implications for personal injury litigation. Read more: bit.ly/47Fkoix #InsuranceLaw #Delict #Litigation #WebberWentzel

Introducing The Legal Lens, our new podcast bringing you sharp, practical insights on legal developments across South Africa and the African continent. Each week, our lawyers and industry specialists will break down the issues shaping the business and regulatory landscape. No jargon, no fluff. Just clear, practical guidance to help you navigate complex challenges within your business. Our first series focuses on consumer sectors, exploring employment law, hospitality and leisure, and the evolving landscape of business and human rights and ESG. Hosted by Moleboheng Tsotetsi, In Episode 1, we explore what every organisation should do when an employee resigns unexpectedly and confidential information suddenly goes missing. Those first few hours matter, and our experts, Dhevarsha Ramjettan and Aaqilah Zahra Nagdee, unpack the legal and forensic actions that help employers manage the risk, from device access and evidence preservation to legal remedies and preventative steps. Watch the full episode here: lnkd.in/dpgQ3QHc #LegalLens #WebberWentzel #EmploymentLaw #Forensics #SouthAfricaBusiness #LawPodcast

With fraud costing South Africa an estimated ZAR 20 billion in recent years and reported cases rising by over 44% in 2024, section 34A of PRECCA, which creates a corporate offence for the failure to prevent corruption, was a welcome step. But does it go far enough? Lionel Van Tonder and Ilhaam Fredericks compare section 34A with the UK's failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023, and examine the regulatory gap that South African law has yet to address. Read the full article: bit.ly/416Zkhe #CorporateLaw #Fraud #Corruption #PRECCA #SouthAfrica #WebberWentzel

If you collaborated with us on the Webber Wentzel Case Nexus last year, you already know! The Case Nexus is a highly interactive, CPD-accredited deep dive into judgments actively shaping South African insurance law. Real cases. Real implications. Real conversations. If you missed it, don't worry – the 2026 refresh is here: ▪️10 principles. ▪️25 precedents. ▪️1 bonus feature. As a sneak peek, our bonus feature is on mediation — including the Brondani judgment, the first judgment to deal with the new mandatory mediation protocol — a development impacting litigation across the board. The question isn't whether you can afford the time to attend our workshop. It's whether you can afford not to. Reach out to Maria Philippides and Erwyn Durman if you’d like to learn more about joining the next session. #CaseNexus #InsuranceLaw #SouthAfricanLaw #WebberWentzel #CPD #LegalUpdate

What happens when SARS wins at the Constitutional Court — and then changes the rules? In her latest article, tax partner Nina Keyser unpacks the Medtronic interest relief saga, a case that travelled through three levels of court, only for the 2026 Budget Speech to propose the very legislative amendment Medtronic had been seeking all along. A must-read for anyone navigating voluntary disclosure and interest remission under South African tax law. Read the full article:bit.ly/40TbZUT #TaxLaw #SARS #VoluntaryDisclosure #Budget2026 #SouthAfricaTax #ConstitutionalCourt

Coming soon: The Legal Lens Podcast A new way to stay on top of the legal developments shaping business, through clear, practical insights from our experts. More details to follow soon.

Webber Wentzel is heading to the SAVCA Private Equity Conference 2026 in Cape Town this week, joining leading investors, fund managers and advisors from across Africa. Graham Viljoen shares what to expect from this year's conversations and why the themes emerging at SAVCA matter for the future of private capital on the continent. We look forward to connecting with you there. #SAVCA #PrivateCapital #SAVCAPECon2026 #PrivateEquity #VentureCapital

We are pleased to share that we have been shortlisted in multiple categories at the Managing IP Awards 2026 EMEA. Our firm has been recognised in the following categories: • Copyright and Design • Patent • Trademark We also congratulate Duncan Potgieter, who has been shortlisted in the Rising Star category. These nominations reflect the strength of our intellectual property practice and the continued dedication of our team in delivering exceptional outcomes for our clients. #IPLaw #IntellectualProperty #ManagingIP

Andrew Westwood, Neo Penn, Chévon Marupen-Shkaidy, Adriaan Booysen, Hugo de Villiers, Martine Leukes and Masai Buthane will be attending the SAVCA Private Equity Conference 2026, taking place on 10–11 March at the Century City Conference Centre in Cape Town. Hosted by the SA Venture Capital and Private Equity Association (SAVCA), this year’s conference will explore the theme “Unlocking the Next Era of Private Capital.” The event brings together leading investors, fund managers and advisors to discuss trends shaping the future of private equity and venture capital across Africa. If you’re attending, we look forward to connecting with you. #SAVCA #PrivateCapital #SAVCAPECon2026

🎥: Today Moxii Africa and @_FreeExpression are in court - represented by @Dariomilo and team from @webberwentzel. Our aim is to intervene in High Court and challenge blanket gag rules in relation to reporting sexual offence and extortion cases. Dario Milo explains why this case is important 👆🏽 As Moxii Africa and CFE, we are arguing that these blanket, automatic bans are unconstitutional as they are irrational, over broad, and disproportionate because they unjustifiably limit core constitutional rights. Keep an eye on our social media for more information as the day, and case, unfolds ✊🏽

In Steyl and Another v Motheo TVET College and Others (3368/2020) ZAFSHC 41, the Free State High Court held a TVET college and two lecturers liable for the death of a mechanical engineering student who sustained severe burns during a practical training session. The Court rejected the defendants’ argument that post-surgical septicaemia constituted a novus actus interveniens, finding instead that septicaemia was a foreseeable complication of third-degree burn injuries and did not break the chain of causation. The defendants were held 100% liable for proven damages, with quantum to be determined separately. Micaela Pather and Roberto Brown unpack the Court’s reasoning on duty of care, causation and foreseeability - and why foreseeable medical complications cannot shield defendants from liability where the primary injury sets the fatal course in motion: bit.ly/4slvlOg #DisputeResolution

Patrick Holloway, Gavin Fitzmaurice, Andre Bowley, Andre October and Sheena Dias will be attending IBA: The Cape of Storms - A comparative navigation of current hot topics in maritime & transportation law from 3 to 5 March 2026. Organised by the International Bar Association, the event will explore pressing legal and commercial issues impacting the global maritime and transportation industries. Topics on the agenda include future developments in international maritime law, current hot topics in maritime law, insuring the transportation industries, the United Nations Commission on International Trade Law (UNCITRAL) instrument on negotiable cargo documents, enforcement of maritime claims, and emerging issues in transport law. We look forward to connecting with fellow practitioners and industry leaders in Cape Town. Visit the official event website for more information and registration: bit.ly/4cmW88c #IBAMaritime #MaritimeLaw #TransportLaw

Priyesh Daya and Brittany Leroni attended Lusaka Arbitration Week from 25 - 27 February 2026, joining leading practitioners and industry stakeholders for important conversations on the future of arbitration in Africa. Priyesh was a speaker on a panel discussing the use of AI tools in Arbitral Proceedings, covering topics such as the enforceability of AI-generated awards, generative AI, hallucinations, algorithmic bias and AI arbitrators. The panel also featured Robert Kirunda and Francoise Ingabire, alongside moderator John Kawana, who guided the conversation seamlessly. #LAW2026 #LusakaArbitrationWeek