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Recent Judgments

Prior dismissal for insufficiency of proof does not bar new PIE eviction; verbal ‘sweat equity’ cannot transfer land.
Property law – Eviction under PIE Act – res judicata – continued occupation constitutes new cause of action; Alienation of Land Act – written deed required to transfer immovable property; registered owner’s vindicatory rights – just and equitable inquiry under s 4(7) PIE; costs on Magistrates’ Court scale.
9 February 2026
Applicant’s statutory biosecurity duties justified an interdict regulating livestock movement across its farm despite respondents’ historical access.
Animal Diseases Act – biosecurity and movement controls – Control Measures for cloven-hoof animals – interim interdict – regulation of livestock movement across private farm – balancing statutory disease-control duties against historical access.
9 February 2026
Court appointed interim curatrix ad personam, ordered disclosure and delivery of patient, and interdicted obstruction and threats.
Guardianship/curator bonis – interdictory relief to compel disclosure and prevent obstruction – best interests of an adult with intellectual disability paramount – appointment of interim curatrix ad personam – threats and unlawful practice by unregistered representative – stay pending rescission unsustainable without counter‑application – costs on attorney and client scale.
9 February 2026
Respondent’s decision to withhold funding for child-protection NPOs was unlawful; court ordered SLAs and designation certificates within ten days.
Administrative law – review under PAJA and section 33 of the Constitution – reasonableness and procedural fairness; Children’s rights (section 28) – state duty to provide/procure child-protection services; Urgency – imminent prejudice to vulnerable children; Section 107 Children’s Act – designation certificates; Service-level agreements – funding and shared responsibility; Remedies – setting aside decision and substitution/directive relief; Costs including senior counsel.
9 February 2026
Applicant failed to prove exceptional circumstances or irreparable harm to enforce spoliation order pending appeal under s18(3).
Spoliation – Enforcement pending appeal – Superior Courts Act s18(1),(3) – Requirement to prove exceptional circumstances and irreparable harm – Irreparable harm assessed factually and may be subsumed into exceptional-circumstances inquiry – Condonation for late affidavit – Costs (scale C, two counsel).
6 February 2026
Execution of reinstatement order pending appeal granted due to exceptional circumstances and irreparable harm.
Superior Courts Act s18 – execution pending appeal – exceptional circumstances and irreparable harm required; non‑compliance with Local Government Disciplinary Regulation 6(2) – suspension of municipal manager; substantial compliance doctrine; personal costs order against office‑bearers.
6 February 2026
Leave to appeal granted on multiple grounds including possession, territorial extent, MPRDA conflict and exercise of discretion in spoliation relief.
Civil procedure – leave to appeal (s 17, Superior Courts Act) – mandament van spolie – elements of possession (physical and animus) – territorial definition by aerial annexure – interaction between mandament van spolie and MPRDA (s 54) – liens – exercise of judicial discretion in urgent spoliation relief – mootness/standing where contracting party changed.
6 February 2026
Minimum sentencing s51(2) inapplicable where drug value falls below statutory thresholds; sentence reduced on appeal.
Criminal law – Minimum sentencing – s 51(2) Criminal Law Amendment Act – application requires proof of statutory value thresholds in Part II of Schedule 2 – where drug value is below thresholds s 51(2) is inapplicable; material misdirection in applying minimum sentence permits appellate court to consider sentence afresh; sentencing triad and comparable authorities relevant to proportionate sentence.
6 February 2026
High Court struck urgent employment application for lack of urgency, finding Labour Act remedies appropriate.
Rule 7(1) – authority to institute proceedings; Urgency – self-created urgency and requirements of Rule 6(12); Jurisdiction – primacy of the Labour Relations Act, CCMA/Labour Court for unfair dismissal disputes; Contract vs unfair dismissal – specific performance/reinstatement dressed as contractual claim; Companies Act s163 – not a route to reinstatement where relationship broken down; Costs – award of wasted costs and costs of two counsel on Scale C.
6 February 2026
Reconsideration refused; hearsay inadmissible; disputed payment taxable; 90% penalty upheld.
Practice and procedure – s 17(2)(f) Superior Courts Act – referral for reconsideration – exceptional circumstances/grave failure of justice threshold; Tax law – burden of proof under s 82 Income Tax Act – whether foreign deposit was taxable income or repayment of shareholder loan; Evidence – hearsay and s 3 Law of Evidence Amendment Act; Administrative/penalty discretion – review of 90% additional tax imposed by SARS and Tax Court’s exercise of discretion.
6 February 2026
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Recent Legislation

Government Notice R7101 of 2026 6 February 2026
Government Notice R7102 of 2026 6 February 2026
Government Notice R7083 of 2026 3 February 2026
Board Notice 874 of 2026 30 January 2026
Government Notice 7052 of 2026 30 January 2026
Proclamation 308 of 2026 30 January 2026
Dispute Resolution and Mediation
Government Notice R48 of 1965 30 January 2026
Government Notice 7064 of 2026 30 January 2026
Agriculture and Land · Health and Food Safety · Public administration
30 January 2026
Environment, Climate and Wildlife · Human Rights · Infrastructure and Transportation · Public administration
30 January 2026
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