s 17(2)(f) Superior Courts Act — referral for reconsideration; estate agency — duty to disclose interest and requirement of fidelity fund certificate; misrepresentation; conflict of interest; cession validity under AOS; builder’s lien — absence of disclosure/proof and abuse of juristic personality; representation of juristic persons by lay persons.

Criminal law – sentence – prescribed minimum sentences – substantial and compelling circumstances to deviate; Sentencing – brutality of offence outweighing personal mitigation; Constitutional law – equality challenge to divergent appellate sentencing outcomes; Procedural – desirability that related appeals of co‑accused be heard by same court to avoid inconsistent outcomes.

• Administrative / procurement law – review of emergency procurement contracts – alleged illegality and public-interest investigatory relief • Civil procedure – amendment of pleadings in application proceedings – permissive principle; Evins/Villa Crop/Affordable Medicines authority • Relief sought – debatement of monies, repayment with interest, piercing the corporate veil and monetary orders – requires adequate factual foundation • Costs – amendment disallowed without substantial affidavit would be unfair; applicant ordered to pay costs (scale C, two counsel)

Insolvency — sequestration — extension of provisional sequestration order — test for postponement/extension (prima facie defence and reasonable explanation) — demand guarantee vs suretyship — primary/demand undertaking enforceable despite challenge to underlying debtor’s agreement — waiver of excussion — insurance payments speculative/res inter alios acta — benefit to creditors: reasonable prospect of uncovering concealed assets (nulla bona returns).

* Constitutional and civil procedure – inherent power of Superior Courts (section 173) – courts may regulate their own processes and depart from strict observance of Uniform Rules where interests of justice require; rules exist for courts, not courts for rules. * Procedure – enrollment and postponement of matters on motion roll – Registrar not shown to have exclusive enrollment power under rule 6. * Limits – inherent power confined to procedural matters and subject to prejudice/interests of justice assessment. * Costs – interlocutory costs reserved for determination by the hearing court.

Customs and Excise Act s96(1) – jurisdictional notice requirement; mandament van spolie – requirement of prior peaceful possession; urgency practice – abuse of urgent process; Uniform Rule 7 – authority to represent; costs de bonis propriis and attorney-and-client scale.

* Contract — loan v donation — oral loans during a romantic relationship — role of contemporaneous electronic communications and bank references in proving intention. * Evidence — weight of documentary evidence vis-à-vis witness demeanour; adverse inference from silence where repudiation expected (McWilliams principle). * Civil procedure — absolution from the instance set aside where plaintiffs discharge onus on probabilities.

Local government law – Appointment of municipal manager – Regulation 12(4) applies to senior managers accountable to municipal manager, not municipal managers – Section 54A(7)–(10) LGM: Municipal Systems Act requires MEC notification and allows appointment to be deemed compliant if MEC/Minister do not act – Judicial review – validity of appointment where statutory challenge not pursued by MEC/Minister.

Companies law; corporate authority and bank mandates – whether a sole director had authority to transact; alleged share sale and registration – effect of absent company/CIPC records; fiduciary duties and s75(3) Companies Act – related‑party transactions require shareholder approval; interim restitutionary relief (rule nisi) confirmed; costs limited to party-and-party.

* Legal Practice – Disciplinary procedure – effect of s 40(8) LPA – DC’s ruling and recommended sanction not final or binding on the Legal Practice Council; Council may seek differing court relief. * Professional misconduct – misappropriation of trust funds – fit and proper enquiry – dishonest practitioner generally to be struck from roll absent exceptional circumstances. * Disciplinary proceedings – sui generis; court remains final arbiter whether to suspend or strike off.