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Citation
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Judgment date
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| January 2026 |
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Court declares voluntary association not a universitas personarum and bars it from litigating in its own name.
Juristic personality — universitas personarum — requirements of perpetual succession and separate capacity to own property; relevance of compliance with constitution and subsequent conduct; locus standi; abuse of separate juristic personality by using voluntary association as litigation vehicle; costs and joint-and-several liability of members.
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30 January 2026 |
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Applicant’s rescission of auction sale for alleged non-disclosure fails where auction notices and announcements adequately warned of zoning restrictions.
Auction law — Disclosure and notice — auctioneer’s duty to inform bidders of zoning restrictions/legal impediments; Advertisement wording — "opportunity" versus representation; Voetstoots sale and RES 2 zoning; Rescission — purchaser’s inattentiveness and onus to prove material non-disclosure.
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29 January 2026 |
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Whether the respondent repudiated an oral lease and must compensate the applicant for the improvements and their value.
Contract law — Oral lease agreement agreed to be reduced to writing — Ownership of improvements reserved in draft agreements — Repudiation by cancellation and substitution — Entitlement to compensation/unjust enrichment claim.
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28 January 2026 |
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Jurisdictional challenge properly dismissible: s27 does not bar disciplinary jurisdiction over registered natural scientists.
Administrative law — disciplinary jurisdiction — jurisdictional point in limine — exhaustion of internal remedies (PAJA s7) — section 27 (identification of work) does not preclude disciplining registered persons; s28–s30 empower Council to investigate and charge; review dismissed and matter remitted.
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28 January 2026 |
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Applicants entitled to inherit per stirpes under fideicommissum despite predeceased parent; condonation granted.
Will interpretation – fideicommissum multiplex – substitution by representation (per stirpes) where a child predeceases the fiduciary; condonation of late section 35(10) application; costs from estate.
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28 January 2026 |
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Regulatory non‑compliance (auditor reports, trust reporting, fees) justified a two‑year suspension with curator oversight.
Legal practitioners — disciplinary relief under Legal Practice Act — failure to submit auditor’s reports; trust account reporting breaches; non‑payment of LPC fees; non‑cooperation; absence of proof of dishonesty; suspension with curator bonis appointed; conditions for upliftment.
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28 January 2026 |
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Provisional sequestration confirmed where nulla bona return and sustained non‑payment established insolvency; postponement refused.
Insolvency Act s10, s12(1) and s8(b) – provisional to final sequestration – nulla bona return as act of insolvency – requirement of advantage to creditors (Stratford) – postponement to obtain legal representation requires affidavit showing good cause.
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27 January 2026 |
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HOA decisions are private, Oudekraal inapplicable; review moot; leave to appeal refused and costs awarded.
Administrative law; Oudekraal principle; homeowners association as private entity; mootness of review after municipal approval; Rule 34 and without‑prejudice/common‑law settlement privilege; discretionary costs review.
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27 January 2026 |
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Whether a jurisdictional challenge under PAJA precludes ordering a Rule 53 record before jurisdiction is decided.
Administrative law — PAJA s7 (180‑day limit) and s9 (extension/condonation) — jurisdictional prerequisite to review — Rule 53 record production conditional on court first being satisfied of jurisdiction — Rule 6(5)(d)(iii) notice not irregular.
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26 January 2026 |
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Urgent application to compel courier services and access dismissed for lack of urgency and unresolved disputes of fact.
Urgency — Rule 6(12); contract formation and requirement of SLA; disputes of fact — Plascon‑Evans; mandatory relief/specific performance inappropriate where relationship irretrievably broken down; alternative remedy (damages) available.
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26 January 2026 |
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Whether AR Regulations' "restricted agricultural remedy" falls under PCO Regulations — court held they are distinct and not subordinated.
Administrative law; statutory interpretation (Endumeni); conflict between subordinate instruments; subsidiarity and PAJA; urgency in urgent applications; rationality review of regulatory interpretation; agricultural remedies and pest control regulation.
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26 January 2026 |
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Property must be valued at market value for division; unproven storage costs excluded; pre-division legal fees included in the joint estate.
Family law – division of joint estate – valuation of immovable property: market value v forced-sale value; liquidator’s powers to appoint and remunerate professionals (including legal advisors); evidentiary proof required for expenses (storage fees); inclusion of pre-division legal costs as joint estate liability; allocation of levies; costs payable from joint estate.
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26 January 2026 |
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Section 86(4) investment plus instruction to invest created a fiduciary duty; unauthorised withdrawals without informed consent required disgorgement.
Legal practitioners and fiduciary duty – s86(4) Legal Practice Act; instruction to invest creates ex lege fiduciary relationship – interpretation of contract (Endumeni) – "access to deposit per mutual consent" requires prior informed consent – unauthorised payments from trust account = breach; remedy: disgorgement/restitution; punitive costs order (attorney-and-client).
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24 January 2026 |
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Relocation of child denied; respondent ordered to pay R50,000 monthly spousal maintenance and R226,880.94 legal cost contribution.
Family law – Child relocation and residence – Children’s Act sections 6(5) and 10 – child’s views and best interests; Family law – Spousal maintenance pendente lite – assessment of needs and respondent’s ability to pay; Contribution to legal costs pending divorce; Condonation for late affidavit.
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23 January 2026 |
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A state organ seeking self‑review must lodge a full Rule 53 record; compelled disclosure and adverse costs ordered for inadequate disclosure.
Administrative law – Judicial review (self‑review) – Rule 53 record – scope and content of record in review proceedings – relevance of documents illuminating decision‑making process – Rule 30A relief to compel disclosure – duty of state organs to disclose; constitutional duty of transparency and accountability.
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23 January 2026 |
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Leave to appeal refused where applicants failed to show reasonable prospects on directorship and shareholding disputes.
Leave to appeal — section 17(1)(a) Supreme Court Act — reasonable prospect of success required; Companies Act — directors (s68), removal (s71), shareholders' rights and quorum/voting thresholds (s61(3)(b)); factual sufficiency on directorship and share transfer; non-joinder and notification; application for leave dismissed.
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23 January 2026 |
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Urgent eviction granted after lawful contractual cancellation; variation clause did not bar exercise of specific cancellation right.
Urgent application (Rule 6(12)) – commercial lease cancellation for persistent non-payment – clause 35 (variation) does not bar exercise of express cancellation clause 26 – lex specialis principle – eviction and costs awarded.
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23 January 2026 |
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Section 129 notice valid if sent to consumer’s chosen domicilium; agreement cancelled and vehicle ordered returned.
National Credit Act s129 — statutory pre‑action notice — proof of delivery by registered post and postal tracking to consumer’s chosen domicilium; domicilium election; res judicata — rescission judgment not necessarily conclusive; Uniform Rule 28 — amendment/pleadings and inadmissibility of unpleaded evidence; cancellation of instalment sale and repossession.
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22 January 2026 |
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Urgent interdict granted to stop respondent publishing a false R82 million UNISA tender corruption allegation against the applicant.
Defamation — interim interdict — urgency and prima facie right to protect reputation and dignity — repeated, patently false allegation linking public office‑holder to corrupt UNISA tender — protected disclosure/privilege defences rejected — costs on attorney‑and‑client scale; attorney denied fees for defective answering affidavit.
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22 January 2026 |
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The court removed the executrix for maladministration, unlawful sale of estate property, and failure to account.
Administration of Estates Act – removal of executrix for maladministration – failure to lodge liquidation and distribution accounts (s35) – failure to place estate funds in estate account (s28) – sale of immovable property without Master’s consent (ss42,47) – breach of fiduciary duties – urgent relief (Rule 6(12)) – freezing of accounts and compulsory accounting.
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22 January 2026 |
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Leave to appeal granted where respondent raised issues with realistic prospects of success against interlocutory defamation and contempt findings.
Appellate procedure — Leave to appeal under s17(1)(a)(i) Superior Courts Act — test of reasonable prospects of success; final interdict in defamation context — bona fide defence and disputes of fact on motion papers; urgency; contempt of court; costs.
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21 January 2026 |
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Leave to appeal refused where applicant failed to prove transmission of funds, resulting in unjust enrichment (condictio indebiti).
Leave to appeal – section 17 Superior Courts Act – prospects of success or compelling reasons required; condictio indebiti – unjust enrichment for failure to prove payment to principal; Rule 35 notices – evidentiary burden to prove transmission of funds.
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20 January 2026 |
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Leave to appeal refused: shaft construction incidental to mining; relief amounted to a barred review under MPRDA.
Mining law – interpretation of "mine" and "mining" under MPRDA – "incidental operations" and definition of "mining area" – role of EMP and MWP in lawful exercise of mining rights – section 4 (interpretation consistent with objects) – section 96 bar to review of ministerial decisions – leave to appeal under s17 Superior Courts Act.
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16 January 2026 |
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Applicant’s urgent bid to resume energy‑drink operations after SARS’ search and detention refused; urgency granted but interim interdict denied.
Customs and excise — search, seizure and detention under Customs and Excise Act — section 88 detention and section 4(12) securing premises — section 96(1) notice period abridgement — interim interdict prerequisites — Health Promotion Levy / sugary beverage registration and licensing issues — balance of convenience and alternative remedy.
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16 January 2026 |
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Court granted PIE eviction (nine months) as ESTA inapplicable, ordered municipal assistance for relocation and municipality to pay costs.
Property law—PIE eviction by private owners—ESTA inapplicability where land is within or encircled by township—onus on occupiers to prove ESTA requisites—balance of interests under s4(7) PIE—state duty to provide emergency accommodation on eviction—immigration verification and deportation orders—costs against municipality including execution costs.
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15 January 2026 |
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Whether a 90‑day settlement condition required only securing an investor, not payment, before transfer could be sought.
Civil procedure – interpretation of settlement embodied in court order – Whether 90‑day term applies to securing investor/financing or to payment – Offer by investor made within 90 days – interim interdict to prevent transfer – locus standi and joinder challenges dismissed.
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14 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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Admissibility of confessions and accomplice evidence; cellphone hearsay excluded; accused convicted of conspiracy, armed robbery and murder.
Criminal law – admissibility of extra‑curial statements and confessions – section 204 accomplice evidence – hearsay (cellphone) evidence and s3 Law of Evidence Amendment Act – circumstantial evidence, common purpose and conspiracy – ballistic corroboration – murder and attempted murder liability imputed by common purpose.
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13 January 2026 |
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Whether the plaintiff must forfeit pension benefits due to extra‑marital conduct and procreation.
Family law — Divorce Act s9 forfeiture of patrimonial benefits; pension interest as asset (s7(7)(a)); misconduct (extra‑marital relationship and procreation) and unduly benefited inquiry; parental responsibility, contact and child maintenance.
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12 January 2026 |
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Court ordered forfeiture of spouse’s patrimonial benefits for sustained domestic violence, financial neglect and related misconduct.
Family law – Divorce – Forfeiture of patrimonial benefits under s 9(1) – Substantial misconduct (domestic violence, sexual assault, multiple protection orders, criminal conviction, substance abuse, financial non‑contribution) – Undue benefit test – Transfer of matrimonial property – Costs.
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12 January 2026 |
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Applicant failed to prove bank was in contempt for placing a new hold after changed circumstances.
Contempt of court; bank account hold; effect of prior court order on future conduct; urgency; joinder; attorney authorization; mandate/authorised representatives; Companies Tribunal reinstatement.
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8 January 2026 |
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A prior order removing a bank hold does not preclude a later hold; applicant failed to establish contempt.
Contempt of court – bank account hold – scope of earlier order removing a hold – urgency – attorney authorisation (Rule 7) – non-joinder of reinstated director – bank’s contractual rights and fiduciary considerations – Companies Tribunal reinstatement.
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8 January 2026 |
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The respondent validly benefited as nominated beneficiary with the deceased’s informed consent; the applicant’s challenge was dismissed.
Insurance law – beneficiary nominations – effect of power of attorney – agent nominated as beneficiary – requirements for valid nomination under policy – posthumous submission and allegation of misrepresentation.
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6 January 2026 |
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Urgent interdict to halt a party regional conference refused: authorisation established, notice reasonable, internal remedies available.
Constitutional law — political participation (s19) and equality (s9) — interdictory relief against political‑party conference; urgency; internal party authorisation; Plascon‑Evans on disputes of fact in motion proceedings; non‑retrospectivity of internal resolutions; availability of internal remedies as alternative to court interdict.
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6 January 2026 |
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Customary marriage found valid; subsequent civil marriage void ab initio; register customary marriage and expunge civil record.
Customary marriage – Recognition of Customary Marriages Act s 3(1)(b) – requirements assessed by reference to community’s living customary law – lobola negotiation, payment and symbolic handover as evidentiary basis; s 3(2) – parties to subsisting customary marriage cannot contract civil marriage – civil marriage void ab initio; declaratory relief under s 21(1)(c) Superior Courts Act; registration of customary marriage and expungement of invalid civil marriage; counterclaim postponed sine die.
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5 January 2026 |
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Joinder of a trustee was necessary despite defective citation and service; applicant must regularise papers and pay costs.
Civil procedure – Joinder of parties – Necessary joinder of trustee – Where trustee has direct and substantial interest, must be joined; citation and Rule 4(1)(a) service mandatory; amendments cannot cure jurisdictional nullity; late/defective joinder may constitute abuse of process – Locus standi reserved for separate counter-application.
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5 January 2026 |
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Contempt order rescinded where Minister was not personally cited or served; community permitted to intervene in contempt proceedings.
Civil procedure – Rule 42(1)(a) recission – contempt of court – requirement of personal citation and personal service for committal – State Liability Act s2(2)(a) (service on head of department) – intervention by directly affected community – competence of structural interdict.
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5 January 2026 |
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Whether a share-sale agreement was a disguised land sale rendered void by failure to obtain required ministerial consent.
Contract law — ambiguous written agreement styled as share sale — extrinsic evidence to determine true merx — disguised sale of land — non-compliance with Subdivision of Agricultural Land Act (s3, s4(2)(b)) renders agreement void ab initio — restitution/enrichment (condictio) — relaxation of par delictum rule — counterclaim dismissed.
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2 January 2026 |
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Application challenging clerical corrections to court orders dismissed; corrections permitted under Rule 42(1)(b) and applicants ordered to pay costs.
Civil procedure – urgent applications – self-created urgency; Rule 42(1)(b) – correction of clerical, typographical or non-material errors in typed judgments/orders; inherent power of the court to correct orders; PAJA – administrative action – typographical corrections not reviewable; locus/authority to represent associations and members; interdictory relief – requisites; costs following success, including attorney-and-client and wasted costs.
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2 January 2026 |
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Attorney struck off for misappropriation, trust‑account mismanagement, practising without a fidelity certificate and non‑cooperation with investigations.
Professional misconduct — trust‑account mismanagement and shortages — misappropriation and breach of fiduciary duty — practising without Fidelity Fund Certificate — failure to cooperate with regulatory investigations — High Court power to strike off and appoint curator bonis.
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1 January 2026 |