LawLibrary South Africa
The most comprehensive collection of free legal information in South Africa.
My LawLibrary
Your personal research space — save documents, add notes, and get updates when the law changes.
Activate your discount
Recent Judgments
|
Where the state loses constitutional litigation, it should ordinarily pay the successful private litigant’s costs; full court misdirected.
Costs—general rule that costs follow the result—Biowatch/Affordable Medicines principle in constitutional litigation—exceptions (vexatious, frivolous, mala fide, manifestly inappropriate)—judicial exercise of discretion—state to pay costs when unsuccessful in constitutional claims—access to water rights.
|
13 March 2026 |
|
Whether non-compliance with a Rule 37 pre-trial order justifies striking out the respondent’s defence.
Civil procedure – Court orders – Obligation to comply with orders – Inherent power to strike out pleadings for non-compliance – Striking out a defence is a drastic, exceptional remedy – Balancing enforcement of procedural discipline against resolving disputes on merits – Rule 37 pre-trial conference.
|
13 March 2026 |
|
Non-joinder of successful tenderers and lack of irreparable harm led to dismissal of the urgent interim interdict.
Administrative law – urgent interim interdict pending review of tender award – non-joinder of successful bidders – B-BBEE affidavit formal compliance – prima facie right vs irreparable harm – balance of convenience – costs (two counsel).
|
13 March 2026 |
|
Interim interdict to stop a creditors’ meeting was appropriate where disputed claims and voting interests would otherwise be irreparably prejudiced.
Companies Act (Chapter 6) – business rescue – publication of plan pre-adoption – interim interdict to suspend s 151 meeting pending determination of disputed claims and voting interests; Joinder v notice – creditors’ joinder not required pre-adoption; Proof of claims and voting rights – role of practitioner vs court review; Procedure – rule 6(12)(c) reconsideration de novo; Rule 63 — virtual commissioning and authentication of foreign affidavits; Remedies — review/ declaratory relief insufficient alone to preserve status quo without interdict.
|
13 March 2026 |
|
Whether the respondent lawfully appointed a panel and allocated work without proper price adjudication under procurement law.
Procurement law – Section 217 Constitution – fair, equitable, transparent, competitive and cost‑effective procurement; Panels and framework agreements – scope and limits under SCM Regulations and municipal SCM policy; Preferential procurement – 80/20 and 90/10 price adjudication requirements; PAJA review grounds – procedural unfairness, arbitrariness, failure to follow mandatory procedures; Splitting of contracts and transaction value aggregation; Remedies – setting aside appointments and contracts, interim directions, costs.
|
13 March 2026 |
|
Convicted Schedule 6 offender failed to show exceptional circumstances for bail pending appeal due to poor prospects and abscondment risk.
Bail pending appeal – Schedule 6 offence – s 60(11)(a) exceptional circumstances required – s 65(4) deference to lower court’s discretion – single witness evidence and cautionary approach – prospects of success and abscondment risk where life sentence likely.
|
13 March 2026 |
|
A jurisdictional dismissal of a Rule 43 claim is appealable; the amended Divorce Act permits Muslim spouses to seek Rule 43 interim relief despite a prior talaq.
Procedure — Appealability of jurisdictional rulings — Zweni criteria (finality, definitiveness, disposal) — Rule 43 interlocutory relief — Family law — Application of Divorce Act (as amended) to Muslim marriages — Talaq does not preclude Rule 43 relief — Interpretation of "spouse" purposively — Parties may not contract out of statutory protections — Amicus curiae: late Rule 16A application refused.
|
12 March 2026 |
|
Leave to appeal refused where PAIA provided an appropriate remedy and mandatory interdict requirements were not met.
Civil procedure – leave to appeal – mandatory interdict – availability of alternative remedies under PAIA – third‑party interests; distinguishing precedent authorities.
|
12 March 2026 |
|
Applicant failed to show reasonable prospects of success on appeal against executrix removal and attorneys’ repayment order.
Civil procedure – Leave to appeal – Section 17 Superior Courts Act – reasonable prospects and compelling reasons; Admissibility and weight of Master’s report; Duties of executrix – compliance with Master’s queries; Repayment of funds to estate where payment preceded acknowledgement of debt.
|
12 March 2026 |
|
A stay was granted because genuine factual and legal disputes (prescription and lien) require trial, not motion proceedings.
Eviction — stay pending action where genuine disputes of fact; acquisitive prescription — effect of s171(quat) Local Government Ordinance; ius retentionis/lien for improvements; abstract theory of transfer; motion proceedings vs trial; demolition of disputed improvements not competent on affidavit.
|
12 March 2026 |
Recent Legislation
| Government Notice 7220 of 2026 | 13 March 2026 | |
| General Notice 3820 of 2026 | 13 March 2026 | |
| Government Notice 7233 of 2026 | 13 March 2026 | |
|
Finance and Money
|
General Notice 3817 of 2026 | 12 March 2026 |
|
Business, Trade and Industry
·
Environment, Climate and Wildlife
·
Health and Food Safety
·
Human Rights
|
Government Notice 7198 of 2026 | 6 March 2026 |
|
Labour and Employment
|
Government Notice R7205 of 2026 | 6 March 2026 |
| Government Notice R7207 of 2026 | 6 March 2026 | |
| General Notice 3815 of 2026 | 6 March 2026 | |
|
Labour and Employment
|
Government Notice R7205B of 2026 | 6 March 2026 |
|
Labour and Employment
|
Government Notice R7205A of 2026 | 6 March 2026 |
Recent Gazettes
| 13 November 2026 | |
| 13 March 2026 | |
| 13 March 2026 | |
| 13 March 2026 | |
| 13 March 2026 |
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
Donate to LawLibrary
LawLibrary relies on donations to keep our platform free. Help us maintain and expand our resources. Donate today and support.
Use LawLibrary when you're offline
Pocket Law is an offline copy of the caselaw, legislation and other legal materials from LawLibrary.
Pocket Law
Constitution Compass
The Constitution App for Members of Parliament. Browse, search and understand the South African Constitution and how it applies to everyone. Continuously updated and curated Constitution, plain language guides and case summaries, and Rules of the National Assembly.
Constitution CompassLatest Articles
Building on Free Access: The next step for My LawLibrary
- 8 October 2025
- Greg Kempe
Over the past year, My LawLibrary has made free access to South African legislation and judgments a reality for thousands of practitioners. Now we’re taking the next step and introducing new professional tools and subscription tiers that keep the core free while ensuring My LawLibrary’s long-term sustainability.