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Citation
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Judgment date
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| December 2025 |
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Reconsideration of a provisional punitive costs order refused; punitive costs against the second applicant made final.
Civil procedure — Reconsideration of costs order — Whether applicant showed cause to vary provisional punitive (attorney-and-client) costs — Unconscionable conduct justifying punitive costs — Costs of reconsideration awarded on party-and-party scale.
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22 December 2025 |
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Whether refusal to accept unsworn mitigation vitiated sentence and whether 41-year cumulative sentence was shockingly inappropriate.
Criminal procedure — s 274 CPA — mitigation of sentence — unsworn statements from counsel may be refused; accused must be warned and may elect to give sworn evidence — appellate interference limited to material misdirection or 'shocking' disparity — cumulative effect of consecutive sentences must be considered; concurrency warranted where offences closely linked.
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19 December 2025 |
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Error in applying special leave test justified reconsideration and leave to appeal given public importance and overlapping related appeal.
Superior Courts Act s 17(2)(f) — reconsideration of petition judges’ refusal when exceptional circumstances exist; distinction between ordinary leave (s 17(1)) and special leave (s 16(1)(b)); administrative action and PAJA; constitutionality and delegation under Regulation 7(1) of RAF Regulations; public interest and overlap with related appeals.
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19 December 2025 |
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Applicants failed to show exceptional circumstances for reconsideration and did not establish grounds for rescission of default judgments.
Superior Courts Act s17(2)(f) – reconsideration – exceptional‑circumstances threshold; Uniform Rules r 31(5)/r 31(2)(b) – default judgment – rescission requires reasonable explanation and bona fide defence with prima facie prospects; rule 42 – no relief where orders not erroneously sought or granted; condonation and undue delay.
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19 December 2025 |
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Child habitually resident in Switzerland; father’s custody recognised; mother’s retention wrongful; ordered returned under Hague Convention.
Hague Convention (1980) – habitual residence – child of unmarried parents – parental rights by operation of law (Italian law) – recognition under Swiss PILA and 1996 Hague Convention – wrongful retention under Article 3 – Article 13 defences (consent/acquiescence; grave risk) – return ordered with protective, practical conditions.
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18 December 2025 |
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Applicant businesses had direct and substantial own-interest standing and did not unreasonably delay instituting PAJA review proceedings.
Constitutional law – own-interest standing under s 38; administrative justice – PAJA s 7(1) limitation and s 9 condonation; review of municipal property alienation, rezoning and environmental authorisation; entitlement to reasons and public-participation safeguards.
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18 December 2025 |
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s 54(2) protects a bona fide purchaser from a member’s lack of authority; special leave granted only to contest punitive costs de bonis propriis.
Close corporations – s 46(b)(iv) – disposal of immovable property without required member consent – interaction with s 54(2) protecting third-party transactions; bona fide purchaser; rei vindicatio and locus standi of executor; costs de bonis propriis – requirements and procedural fairness (audi) in costs adjudication.
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17 December 2025 |
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Reconsideration dismissed as moot after fixed‑term employment contract expired; applicants ordered to pay costs.
Civil procedure — Reconsideration under s 17(2)(f) Superior Courts Act — Mootness — Fixed‑term employment contract expired by effluxion of time — s 16(2)(a)(i) appeal may be dismissed if decision would have no practical effect — Section 34 (access to courts) not a compelling reason to hear moot appeal — Requirement of 'grave failure of justice' under s 17(2)(f) not met — Costs follow result.
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17 December 2025 |
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Solvent spouse failed to discharge the onus under s 21(2); registration alone insufficient against insolvent’s creditors.
Insolvency Act s 21(2)(c),(e) – onus on solvent spouse to prove title valid against insolvent’s creditors – registration not conclusive; real agreement and beneficial ownership assessed – proceeds of sale may form part of insolvent estate if solvent spouse fails to discharge onus; distinction between s 21 remedy and trustee’s remedies against impeachable transactions.
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15 December 2025 |
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15 December 2025 |
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A contractor claiming lost profits must prove saved expenses with full accounting disclosure; failure defeats the damages claim.
Contract law – tender/appointment interpreted contextually – order-based, rotational appointment limited to Annexure A; Damages – claim for loss of profit requires proof of saved expenses and full accounting disclosure; tender cost estimates do not substitute for proof; Procedural – condonation of late filings in interests of justice.
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15 December 2025 |
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Business rescue cannot suspend obligations imposed by subordinate legislation; the SI Agreement and SASA’s statutory enforcement remain enforceable.
Companies Act – business rescue – s 136(2)(a) – meaning of 'agreement' – requires mutual assent; statutory instruments excluded. Administrative law – subordinate legislation – SI Agreement held to be subordinate legislation promulgated under Sugar Act. Regulatory law – statutory regulatory authority – SASA empowered to enforce regulatory obligations during business rescue (s 133(1)(f)). Constitutional law – equality (s 9) – exclusion of statutory obligations from s 136(2)(a) rational and constitutional.
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15 December 2025 |
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Permanent stay requires trial‑related prejudice or extraordinary circumstances; social and financial stigma alone insufficient.
Criminal procedure – permanent stay of prosecution – remedy reserved for trial‑related prejudice or extraordinary circumstances – frontal challenges and novel grounds on appeal must be foreshadowed in pleadings – social and financial stigma not trial‑related prejudice – adverse costs where application is frivolous or delays prosecution.
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12 December 2025 |
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Failure to prove and pronounce common purpose vitiated mandatory life sentence under s 51(1); appellate court imposed 25 years.
Sentence — minimum sentences — Criminal Law Amendment Act 105 of 1997 ss 51(1) and 51(2) — scheduled feature (common purpose) must be pleaded, proven and pronounced before s 51(1) sentence may be imposed — s 51(2) not a fallback for s 51(1) — misdirection vitiating sentence — appellate court entitled to impose sentence afresh under common law.
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11 December 2025 |
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The appellant could rescind a credit-sale for latent defects; the bank was a supplier and CPA protections for the goods applied.
Law of contract — actio redhibitoria for latent defects — buyer’s right to rescind a sale; Interpretation of credit agreements — supplier versus credit provider; Consumer Protection Act applicability to goods financed under the National Credit Act; Waiver — conduct and objective intention; Section 69 CPA — exhaustion of remedies and counterclaims in court chosen by claimant.
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10 December 2025 |
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8 December 2025 |
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An arbitrator may not declare a municipal procurement contract constitutionally invalid; only a court may do so under section 172.
Arbitration – limits of arbitrator’s powers – Arbitration Act s 33(1)(b) and s 20 – Constitutional law – s 172 remedial power reserved for courts – Public procurement – s 217 of the Constitution and MFMA – arbitrator exceeded powers by declaring municipal contract invalid – award reviewable and set aside.
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4 December 2025 |
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Magistrate’s unexplained decision to dispense with a public viva voce inquest vitiated the proceedings; review grounded in principle of legality.
Inquests Act – s 8(1), s 10 and s 13(1) – default requirement of a public inquest with viva voce evidence; dispensing with oral evidence only in exceptional, non‑disputed cases; inquest findings are exercise of public power; high court review founded in principle of legality; material irregularity where magistrate arbitrarily dispenses with oral evidence; remittal for fresh public inquest.
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4 December 2025 |
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No exceptional circumstances found to warrant reconsideration of refusal of special leave to appeal.
Criminal law — reconsideration under s 17(2)(f) Superior Courts Act — exceptional circumstances required (probability of grave injustice or risk to administration of justice); application to re-open previously decided appeal grounds; adequacy of trial record and missing transcript not shown to frustrate appeal.
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1 December 2025 |
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Applicant failed to show interest for declaratory relief; electronic commissioning and regulatory change are matters for the Minister.
Civil procedure – Declaratory relief – s 21(1)(c) Superior Courts Act – interest in existing/future/contingent right; Interpretation of regulation 3 (Justices of the Peace and Commissioners of Oaths Act) – meaning of "in the presence of"; Electronic commissioning of affidavits – audio‑visual platforms and safeguards; Separation of powers – regulatory change for electronic oaths lies with Minister; Advanced electronic signature (ECTA s13).
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1 December 2025 |
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Nil returns supported a 150% understatement penalty; new evidence and appeal dismissed, attachment and estimates upheld.
Tax law – understatement penalties (ss 221–223 TAA) – 150% penalty for intentional tax evasion – bona fide inadvertent error exception; Estimation powers (s 95 TAA) and use of Seventh Schedule (ITA) for private motor vehicle use; attachment of third‑party corporate funds and standing; admissibility of further evidence on appeal (s 19(b) Superior Courts Act).
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1 December 2025 |
| November 2025 |
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Informal acceptance and adopted minutes do not satisfy statutory approval requirements for sectional extensions.
Sectional Titles Act s 24 – Extension of sections; STSMA s 5(1)(h) – approval by special resolution; Informal meeting acceptance and adoption of minutes do not constitute statutory approval or ratification; Requirements for declaratory relief and final interdict in sectional title disputes; Rule 7 challenge to trustees’ authority and special levy – trustees’ appointment of attorneys valid; Body corporate locus standi.
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28 November 2025 |
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Whether an innocent tenderer must disgorge profits from an unlawful award or may retain a reasonable return under s172 discretion.
Administrative law – public procurement – remedy for unlawful tender awards – scope of s 172(1)(a) and (b) discretion; Allpay II considered; ‘no loss, but no gain’ principle not automatic; disgorgement requires inquiry into culpability, incumbency, duties to continue services, and reasonableness of profit.
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28 November 2025 |
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Whether a founder’s testamentary reservation validly designates capital beneficiaries, including indeterminate classes, binding the trustees.
Trusts – discretionary trust – testamentary reservation (clause 27) – founder’s prescription rights include identification and distribution – validity of designation of indeterminate classes (future descendants, trusts, companies) – interpretation of trust deed and will – allocative inequality permissible.
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28 November 2025 |
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A court may decide a moot tender dispute where ambiguous turnkey/CIDB requirements raise a discrete public‑importance legal issue.
Municipal procurement – tender vagueness – turnkey contracts – CIDB registration requirement – standing to review – PAJA timeliness – mootness and discretion under Superior Courts Act s 16(2)(a).
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28 November 2025 |
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Appeal lapsed because heads of argument were lodged late without condonation; reinstatement application struck off the roll.
Civil procedure – appeal procedure – late lodgment of notice of appeal, record and heads of argument – rule 10(2A)(a) lapse of appeal for late heads – duty on appellant and attorneys to lodge complete record – reinstatement application required to revive lapsed appeal.
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28 November 2025 |
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Reconsideration granted but leave to appeal dismissed; stay and upliftment refusals upheld for lack of bona fide defence.
Civil procedure — reconsideration of refusal of leave to appeal under s 17(2)(f) of the Superior Courts Act; stay of proceedings for unpaid previous costs — requirements include taxed and demanded costs, substantially similar proceedings, and willful non-payment; costs orders rest within judicial discretion; rule 27 upliftment of bar — requires explanation for default and a bona fide defence with prospects of success.
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21 November 2025 |
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Whether ITAC’s sunset-review initiation and ministers’ decisions to maintain anti-dumping duties were lawful.
Customs/Anti-dumping — Sunset review initiation — Verification not required pre-initiation; initiation requires prima facie case only. PAJA — 180-day rule — delay and condonation. Administrative law — Procedural fairness vs executive/policy decisions — ministerial acceptance of ITAC recommendations is executive and subject to legality, not full rehearing. Delegation — s118 delegation to Deputy Minister of Finance validly empowers amendment of Schedule 2. WTO/Anti-Dumping Agreement — distinction between original investigations and sunset reviews reflected in regulations.
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18 November 2025 |
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The applicant’s late attempt to withdraw admissions and reinstate an appeal was refused for lack of bona fides and exceptional circumstances.
Civil procedure – amendment of pleadings – withdrawal of admission – requires bona fides and absence of prejudice not remediable by costs or postponement. Contract/settlement law – compromise – common mistake of existing or past fact – mutuality and materiality required to void agreement. Procedural law – reinstatement/condonation of lapsed appeal – full, detailed, and satisfactory explanation for delay required; prospects relevant but not decisive. Superior Courts Act s 17(2)(f) – referral for reconsideration – exceptional circumstances/grave failure of justice threshold applies. Evidence – late divergent expert opinion does not retrospectively establish a mutual mistake or justify late change of litigation strategy.
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18 November 2025 |
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Appellant failed to prove common mistake; Placing Slip and final policy include ICD cover, so rectification refused.
Insurance law – antecedent quoting slips and placing slip under POLDRA – rectification – onus to prove common continuing intention and common mistake (Propfokus factors) – parol evidence rule – Placing Slip and signed policy as operative contract.
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14 November 2025 |
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Appointment of municipal manager set aside for regulatory breaches and perceived conflict of interest; councillors had standing to seek review.
Local government – Municipal Systems Act s54A(7)–(10) – standing to review municipal manager appointments – principle of legality – MEC role versus access to court; Administrative law – Regulations on appointment – Regulation 12(5)–(6) – disclosure and recusal for conflicts of interest; Nepotism and perceived indebtedness vitiating recruitment process; Costs – personal costs order against public office-holders.
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14 November 2025 |
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Application for reconsideration under s17(2)(f) dismissed; agent’s undisclosed interest rendered sale and builder’s lien void.
Superior Courts Act s 17(2)(f) – scope and threshold for presidential referral; estate agency – fidelity fund certificate and invalid mandate; conflict of interest – agent as undisclosed purchaser; Companies Act s 20(9) – abuse of juristic personality/alter ego; validity of renovation agreements and builder’s lien; validity of cession under sale agreement; representation of juristic persons by lay persons in superior courts.
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12 November 2025 |
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The appellant’s personal mitigation did not amount to substantial and compelling circumstances to avoid prescribed minimum sentences.
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.
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12 November 2025 |
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LPC may seek court orders differing from a DC’s sanction; dishonest attorney struck from the roll.
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.
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7 November 2025 |
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Arrear rental claims are monetary, within magistrates’ court jurisdiction, and no mitigation duty arose absent lease cancellation.
Magistrates’ Courts Act s46 – meaning of “specific performance” – arrear rental claims are monetary (ad pecuniam solvendam) not specific performance; Magistrates’ Courts Act ss28,29,45 – monetary jurisdiction and written consent to magistrate jurisdiction; pre-trial minutes – incorrect legal concessions not binding on court; contractual clause governing mitigation – no duty to mitigate absent lease cancellation.
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4 November 2025 |
| October 2025 |
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Council resolution approving back-pay included former employees; they had standing and declaratory relief was properly granted.
Municipal law – interpretation of council resolution – purpose, context and material before council determine meaning of "all affected employees". Administrative/municipal obligations – failure of a municipality to implement council resolution unlawful when resolution adopted and communicated as binding. Civil procedure – declaratory relief under s 21(1)(c) Superior Courts Act – interested person test and exercise of discretion. Locus standi – former employees who were included in a council-adopted implementation plan have sufficient interest to seek enforcement of the resolution.
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31 October 2025 |
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Municipal planning discretion to refuse rezoning for failure to justify deviation from spatial framework was lawful; no reviewable bias.
Municipal planning – Rezoning application – Deviation from district spatial development framework – Applicant must justify deviation; failure permits lawful refusal. Administrative law – PAJA s 6(2)(a)(iii) and (e)(iii) – Allegations of bias and failure to consider relevant factors: adherence to policy not per se bias; disagreement on weight of considerations not reviewable. Judicial review – Scope: courts review regularity, not correctness, of municipal planning discretionary decisions.
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31 October 2025 |
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Whether the respondent proved reputation and passing-off against the appellant using a deceptively similar trading name.
Delict — Passing-off — Requirements: reputation, misrepresentation and damage — Reputation may be inferred from long use, turnover and advertising — Likelihood of confusion established by similar trade names and evidence of misdirected orders/enquiries — Bare denials insufficient to raise genuine dispute; matter properly decided on papers.
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28 October 2025 |
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Whether a private residential lease falls within the Consumer Protection Act's 'ordinary course of business' rental provisions and whether a vacate order is an eviction under PIE.
Consumer Protection Act – scope of 'transaction', 'service' and 'rental' – 'rental' requires an agreement for consideration in the lessor's ordinary course of business. 'Ordinary course of business' – objective test: continual marketing or supplying of lettings; private one-off lettings excluded. Supplier/consumer definitions – private lessors are not suppliers; sophisticated lessees may not be 'consumers'. Fixed-term consumer agreement – regulatory 24-month maximum; leases exceeding that period do not qualify. Eviction law – order to vacate by date can constitute eviction requiring PIE procedures and judicial discretion under s 4(7)-(8).
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27 October 2025 |
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Delay in PAJA review was unreasonable; new constitutional relief on appeal and lack of joinder and notice were fatal.
Administrative law – review timing under PAJA s 7(1) – 180‑day period runs from awareness of decision and reasons; s 5 PAJA requests do not suspend the period unless properly invoked; delay must be explained for entire period. Procedural fairness – making of regulations is administrative action requiring notice and consideration of submissions but not a duty to adopt them. Condonation – factors: length of delay, explanation, prejudice, prospects of success and public interest in finality. Appeal practice – new constitutional relief may not be raised for first time on appeal; rule 16A notice and joinder of affected parties required where relief affects third‑party interests.
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24 October 2025 |
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Admission of a duty of care does not establish wrongfulness; no liability for attorney for plaintiffs’ pure economic loss.
Delict — Pure economic loss; distinction between wrongfulness and fault; admission of duty of care does not admit wrongfulness; policy‑driven wrongfulness inquiry; vulnerability to risk; negligence and causation requirements for attorney/conveyancer liability.
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24 October 2025 |
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Owner entitled to vindicate property and rectify a written lease naming directors personally where evidence shows the company was the true lessor.
Property law – eviction and rei vindicatio; rectification of written contracts – requirements and application in motion proceedings; parol evidence rule yields to rectification; non-joinder of signatory directors not fatal where aware and unprejudiced; requirements for special leave to appeal.
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23 October 2025 |
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Lapsed reconsideration reinstated: inadequate delay excused by strong prospects due to conflicting high‑court judgments.
Reconsideration under s 17(2)(f) Superior Courts Act; condonation and reinstatement of lapsed referral; adequacy of delay explanation versus prospects of success; conflicting high‑court judgments as grounds for reconsideration; jurisdictional pleading choices (Baloyi; Makhanyana).
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23 October 2025 |
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Provincial gambling law bars bookmakers from offering fixed-odds bets on roulette; national provision does not override this restriction.
Gambling law – interpretation of provincial gambling statute – scope of bookmaker contingencies under s 55 of the Gauteng Gambling Act. Constitutional/comparative competence – concurrent national and provincial gambling regulation; s 146 interplay; provincial policy choices permissible. Statutory interpretation – "sporting event" excludes casino games such as roulette; "game" qualified by "athletic or sporting". Regulatory consequence – roulette is a casino game requiring a Gauteng casino licence; provincial approvals permitting bookmaker bets on roulette unlawful.
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21 October 2025 |
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Two conflicting dismissal orders justified reconsideration; municipality’s demolitions were unlawful evictions and leave to appeal was refused.
s 17(2)(f) Superior Courts Act — referral for reconsideration where conflicting court orders issued; prohibitory interdicts and scope — limits of an order granted against unidentified persons; eviction law — unlawful evictions, PIE and constitutional protections; restoration orders versus constitutional damages; costs follow outcome including costs of reconsideration.
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20 October 2025 |
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Appeal dismissed as moot; court declines to decide legality of temporary municipal political support appointments.
Mootness; discretion to hear moot appeals; municipal employment and recruitment; applicability of Municipal Staff Regulations to temporary political support posts; legality of in-committee council meetings; s 32 LGMFMA – recovery and liability for unauthorised, irregular or fruitless and wasteful expenditure.
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20 October 2025 |
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The high court's jurisdiction is not ousted by the CSOS Act; refusal to amend the HOA constitution was objectively reasonable.
Community Schemes Ombud Act – jurisdiction – CSOS Act does not oust high court’s inherent jurisdiction; parties may choose forum; Reasonableness of opposition to HOA constitutional amendment – objective, fact‑based balancing test; Protection of retirement‑village character; Role of conflicts of interest and coercive conduct in assessing member opposition.
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17 October 2025 |
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An attorney who litigates for a liquidated company financed by a creditor must fully account to the company; proceeds belong to the estate.
Insolvency Act s 32(1)(b) – creditor‑funded litigation in name of trustee; interpretation of 'fails' to include inability; proceeds belong to estate; attorney’s duty to account — contractual, fiduciary and statutory sources; admissibility of new evidence on appeal; debatement of accounts only after proper accounting.
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17 October 2025 |
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Hospital vicariously liable for midwives’ monitoring failures causing foetal brain injury; rejection of Calderbank offer justified enhanced costs.
Delict — Medical negligence — Causation — Whether inadequate foetal monitoring by midwifery staff causally contributed to hypoxic ischaemic brain injury; Vicarious liability of hospital for staff omissions; Settlement offers (Calderbank) — reasonableness of rejection and costs consequences; Judicial restraint in reviewing discretionary costs orders. |
16 October 2025 |
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A negotiorum gestio claim against an organ of State is not a "debt" requiring prior s 3(1)(a) notice under the Act.
Institution of Proceedings Against Certain Organs of State Act 40 of 2002 – s 3(1)(a) notice requirement – definition of "debt" in s 1 – subsection (b) limits s 1(a) to liabilities for payment of damages – negotiorum gestio is restitutionary/quasi‑contractual, not a damages claim; therefore s 3 notice not required.
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16 October 2025 |
