From Symbolism to Substance: Comity and Judicial Reform in South Africa’s Foreign Judgments Regime

Khanderia, Saloni ORCID: https://orcid.org/0000-0003-0510-555X (2026) From Symbolism to Substance: Comity and Judicial Reform in South Africa’s Foreign Judgments Regime. Journal of African Law. Cambridge University Press . ISSN 1464-3731 (In Press) Available at: https://doi.org/10.1017/S0021855326101089

[thumbnail of From Symbolism to Substance.pdf]
Preview
Text
From Symbolism to Substance.pdf - Published Version
Available under License Creative Commons Attribution.

Download (427kB) | Preview

Abstract

Despite its strategic role in African and Global South commercial networks, South Africa’s economy lags behind among its BRICS partners and most African peers. Statistics reveal that 44 per cent of foreign judgments are denied recognition in South Africa, primarily due to the rigorous requirements at the enforcement stage, resulting in expensive re-litigation or business discouragement. This article explores how the principle of comity, often used rhetorically by courts, could be transformed into a substantive tool to modernize South African common law. To address the misalignment between domestic rules and global trade, the paper proposes tailoring Canada’s “real and substantial connection” test to suit South Africa’s needs. Finally, to mitigate the risks of enforcing foreign default judgments with tenuous links to the forum, it proposes strengthening the natural justice defence by requiring sufficient notice and evidentiary grounding, as other common law systems have done.

Item Type: Article
Uncontrolled Keywords: Recognition and enforcement of foreign judgments | International jurisdiction | comity | Real and substantial | Connection | South Africa
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Depositing User: Mr. Syed Anas Ali
Date Deposited: 18 Sep 2026 04:02
Last Modified: 18 Sep 2026 04:02
Official URL: https://doi.org/10.1017/S0021855326101089
URI: https://pure.jgu.edu.in/id/eprint/12619

Downloads

Downloads per month over past year

Actions (login required)

View Item
View Item