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Recent Judgments
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Whether a judgment creditor may intervene to set aside an ex parte curatorship order that stayed execution against trust property.
Civil procedure – Intervention (Rule 12) – Direct and substantial interest; Urgent ex parte relief (Rule 6) – duty of full and frank disclosure (uberrima fides); Reconsideration under Rule 6(12)(c) – limits and relation to intervention; Trusts – beneficiaries’ interests and trustees’ remedies; Res judicata/functus officio – impermissible collateral attack on final judgment; Beningfield exception – scope and limits; Curator/curatrix ad litem – investigatory role v litigant status; Costs – punitive attorney-and-client scale for non-disclosure and abuse of process.
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19 January 2026 |
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Application to rescind POCA forfeiture dismissed for failure to seek condonation and fatal affidavit commissioning irregularities.
Forfeiture – POCA s 53(3) rescission – peremptory 20‑day rule and condonation principles (Melane) – motion practice – three‑set rule; confirmatory affidavits; commissioning and Regulation 4(1) compliance – inadmissibility and hearsay – absence of material deponent affidavit.
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16 January 2026 |
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Unilateral price‑adjustment invalid where exercise was unreasonable, delayed, misapplied and ignored Fairtrade entitlements.
Contract — price‑adjustment clause — unilateral discretion after consultation — arbitrio boni viri (objective reasonableness) — timing/reasonable exercise — consultation must be meaningful — scope excludes extraordinary force majeure/abnormal Covid‑19 market conditions — Fairtrade entitlements to be excluded from adjustment.
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16 January 2026 |
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A court may deny profit from an invalid public procurement contract and limit recovery to proven expenses where contractors participated in the irregular process.
Constitutional law – section 172(1)(b) remedies – invalid public procurement – entitlement to profit vs reimbursement of proven expenditure – judicial exercise of remedial discretion – appellate review standard – urgency does not displace procurement rules.
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16 January 2026 |
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Late attempt to add an alternative legality review was refused for unreasonable delay and because it introduced a distinct, unpleaded cause of action.
Civil procedure — Amendment of pleadings — Application to add alternative legality (administrative law) review at late stage — Whether constitutes new cause of action — Delay and condonation in legality reviews — Principles from Constitutional Court (Buffalo City, Gijima) applicable to Special Tribunal — SIU Act permits damages claims in Special Tribunal.
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15 January 2026 |
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Whether s40(a) of POCA requires issuance only, or both issuance and service within 90 days, to keep a preservation order alive.
POCA s40(a) — meaning of "pending" — whether issuance only or issuance plus service within 90 days required; preservation orders; in rem forfeiture proceedings; service and notice requirements; property-rights and constitutional safeguards.
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14 January 2026 |
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Applicant’s constitutional challenge to adjudicator’s power dismissed; unit owners declared members and levy disputes remitted for fresh adjudication.
Community Schemes Ombud Service Act — s 39(1)(c) and (e) — power to declare contributions unreasonable — constitutional validity, scope and limits; administrative law — review for irrationality, failure to consider relevant evidence and omission to decide issues; membership of homeowners’ association — effect of title conditions, settlement agreement and articles; interest on arrears — contractual vs prescribed rates; costs de bonis propriis for unnecessary record inclusion.
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14 January 2026 |
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Whether a notarial bond was simulated and whether a director’s removal and replacement complied with the Companies Act and shareholders’ agreement.
Companies Act — s61(3) requisitioned shareholders’ meeting — board obliged to convene; s65(4) explanatory material and challenge under s65(5) — failure to seek interim relief bars later attack; s71(1) removal of director by ordinary resolution — proprietary shareholder right not requiring good faith; shareholders’ agreement trumps majority appointment where nomination rights reserved; simulated transaction — notarial bond may be prima facie simulated; interim interdict to preserve company assets pending trial; minority shareholder locus standi to protect shareholding value.
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13 January 2026 |
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Section 43 obliges providers to lease on request; ICASA misread the statute and made material factual errors, so complaint dismissed.
Administrative law — PAJA review — material error of law and fact — statutory interpretation of s 43 ECA — obligation to lease rests on provider, not seeker — relevance of common‑law accession and possession (Dennegeur) — substitution under PAJA s 8(1)(c)(ii)(aa).
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13 January 2026 |
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Default judgment rescinded where applicant relied on erroneous legal advice and demonstrated a bona fide defence with prospects of success.
Rescission of default judgment; reasonable explanation for default; reliance on legal advice; wilful default not an absolute bar; bona fide defence with prospects of success; Special Tribunal jurisdiction to set aside labour settlement agreements.
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12 January 2026 |
Recent Legislation
| Government Notice 6996 of 2026 | 16 January 2026 | |
| Government Notice 6994 of 2026 | 13 January 2026 | |
| Board Notice 869 of 2026 | 9 January 2026 | |
| Board Notice 870 of 2026 | 9 January 2026 | |
| 7 January 2026 | ||
| 7 January 2026 | ||
| 7 January 2026 | ||
| Provincial Notice 720 of 2025 | 2 January 2026 | |
| Provincial Notice 720-A of 2025 | 2 January 2026 | |
| Government Notice 6981 of 2025 | 30 December 2025 |
Recent Gazettes
| 5 December 2025 | |
| 5 December 2025 | |
| 5 December 2025 | |
| 5 December 2025 | |
| 4 December 2025 |
Courts
High Courts
- High Court of South Africa Eastern Cape, Bhisho
- High Court of South Africa Eastern Cape, East London Local Court
- High Court of South Africa Eastern Cape, Grahamstown
- High Court of South Africa Eastern Cape, Mthatha
- High Court of South Africa Eastern Cape, Port Elizabeth
- High Court of South Africa Free State, Bloemfontein
- High Court of South Africa KwaZulu-Natal, Durban
- High Court of South Africa KwaZulu-Natal, Pietermaritzburg
- High Court of South Africa Limpopo, Polokwane
- High Court of South Africa Limpopo, Thohoyandou
- High Court of South Africa Mpumalanga, Mbombela
- High Court of South Africa Northern Cape, Kimberley
- High Court of South Africa North Gauteng, Pretoria
- High Court of South Africa North-West, Mafikeng
- High Court of South Africa South Gauteng, Johannesburg
- High Court of South Africa Western Cape, Cape Town
Old Jurisdictions
- Cape of Good Hope Provincial Division
- Eastern Cape Division
- High Court of South-West Africa
- High Court of the Orange River Colony
- Natal Provincial Division
- Northern Cape Division
- Orange Free State Provincial Division
- South East Cape Local Division
- Supreme Court of the Cape of Good Hope
- Supreme Court Orange Free State Provincial Division
- Transvaal Provincial Division
- Witwatersrand Local Division
Collections
Case indexes
Legislation subject areas
- Agriculture and Land
- Arts and Culture
- Business, Trade and Industry
- Citizenship and Immigration
- Communications and Media
- Dispute Resolution and Mediation
- Education
- Energy and Natural Resources
- Environment, Climate and Wildlife
- Finance and Money
- Health and Food Safety
- Human Rights
- Infrastructure and Transportation
- International Law
- Labour and Employment
- Peace and Security
- Public administration
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