|
Citation
|
Judgment date
|
| March 2026 |
|
|
The court dismissed the applicant's post‑tender review as moot and penalised persistent Rule 30A litigation with punitive costs.
Administrative law — procurement review — post‑implementation tender challenge — mootness doctrine — Rule 6(5)(d)(iii) point of law notice — Rule 30A record production — abuse of process — punitive costs.
|
9 March 2026 |
|
Applicants failed to prove creditor status; provisional winding-up refused due to bona fide, reasonable dispute about indebtedness.
Companies — Winding-up — Locus standi of creditor — Applicant must prove creditor status on balance of probabilities; Badenhorst rule — bona fide and reasonable dispute — Interpretation of MOA clause on working capital — What constitutes acknowledgement of debt.
|
9 March 2026 |
|
Court remitted matters where arbitrator failed to consider a conditional sealed offer and to request documents before dismissing a claim.
Arbitration — Remittal under Arbitration Act s32(2) — Good cause where arbitrator fails to deal with issues; Sealed offers — opening and consideration before costs award; Arbitration rules — tribunal’s power to require production of documents; Functus officio and timing of sealed offer; Audi alteram partem in arbitration procedure.
|
6 March 2026 |
|
Interim ex parte spoliation orders restoring access are generally not appealable; return-day procedure must be followed.
Civil procedure — appealability of interlocutory orders; spoliation — interim ex parte order; Zweni test; policy against piecemeal appeals; return-day procedure.
|
6 March 2026 |
|
Leave to appeal refused where prolix, non-compliant papers and persistent meritless litigation confirmed vexatious-litigant findings.
Civil procedure — Leave to appeal — s17(1)(a) Superior Courts Act — reasonable prospect of success — Rule 49(1)(b) non-compliance; Vexatious Proceedings Act 3 of 1956 and common law — declaration of vexatious litigant justified where persistent, meritless litigation and misrepresentations are shown; security for costs — no order made; costs on attorney-and-client scale.
|
6 March 2026 |
|
Section 7(4) of the VAT Act impermissibly delegates tax-rate-setting to the executive absent adequate statutory limits and prompt parliamentary control.
Constitutional law – separation of powers – taxation – delegation of legislative power – section 7(4) VAT Act – money-bill procedure (s77) – Nu Africa contextual test – necessity of statutory limits and prompt parliamentary control – VAT irreversibility.
|
5 March 2026 |
|
Section 14’s mandatory procedure implies an obligation to initiate debarment proceedings and cannot be contracted away.
FAIS Act s14 — duty to debar and implicit duty to initiate proceedings; ss14(2)–(3) procedural steps mandatory; settlement agreements cannot oust statutory public‑interest duties; Viking Pony threshold for initiating proceedings; Plascon‑Evans standard on motion evidence.
|
4 March 2026 |
|
Acquittal alone does not establish unlawful detention or malicious prosecution; reasonable cause and no malice must be shown.
Criminal law and delict — arrest and detention — s40(1)(b) reasonable suspicion assessed at time of arrest — post-first-appearance detention lawful unless bail decision materially induced by wrongful conduct; malicious prosecution — requires absence of reasonable and probable cause and animus injuriandi — subsequent acquittal not dispositive.
|
4 March 2026 |
|
Interim maintenance granted where uncontested facts of a 29‑year life partnership and dependency established a prima facie right.
Family law – interim maintenance pendente lite – long-term life partnership – express maintenance undertaking and reciprocal duties of support – Rule 6(5)(d)(iii) objections; jurisdiction of court over ancillary relief where respondent submits to main proceedings.
|
4 March 2026 |
|
Appellant charged with Schedule 6 offences established exceptional circumstances by cumulative ordinary factors, meriting bail with conditions.
Bail — Schedule 6 offences — section 60(11)(a) exceptional circumstances — "ordinary circumstances" present to exceptional degree — cumulative effect may constitute exceptional circumstances — appellate review of bail refusal under s65(4) — section 60(4) likelihoods (danger, flight, witness intimidation, undermining justice).
|
3 March 2026 |
|
Leave to appeal refused where applicant failed to show misdirection in imposing conditional suspension instead of striking off.
Practice — Legal practitioners — Disciplinary proceedings — Strike off v conditional suspension — Dishonesty in trust-fund matters — Section 17(1) Superior Courts Act — Leave to appeal; heightened "would" threshold — Judicial discretion and public protection.
|
3 March 2026 |
|
Urgent challenge dismissed for self-created urgency, lack of authority, and mootness regarding administrator appointment.
Administrative law — CET Act s46(4) — appointment of administrator (council vs management) — scope of ministerial power; urgency — self‑created urgency; locus standi — authority to institute proceedings on behalf of a juristic person; mootness — need to review/petition to set aside gazetted appointment; costs — Scale C, de bonis propriis considered.
|
2 March 2026 |
|
Stay of execution granted pending rescission where domestication in the USA risked imminent enforcement arising from alleged fraud.
Rule 45A – stay of execution pending rescission; consent order alleged obtained by fraud; domestication proceedings as execution step; interim interdicts to prevent enforcement abroad; prima facie right and irreparable harm.
|
2 March 2026 |
|
Separation of prescription pleas refused where prescription and merits are factually intertwined, risking duplication, delay and prejudice.
Procedure – Rule 33(4) – Separation of issues – Special plea of prescription – Whether prescription issue discrete from merits – Overlap of evidence (2005–2015) – risk of duplication, delay and piecemeal appeals – discretion exercised against separation.
|
2 March 2026 |
|
Final winding-up ordered where company proved insolvent, engaged in systemic illegality and lost its business substratum.
Companies Act — final winding-up — insolvency, just and equitable ground for winding up — systemic illegality and fraud in financial services — loss of substratum; Plascon‑Evans; condictio ob turpem.
|
2 March 2026 |
| February 2026 |
|
|
Gender‑neutral definition of sexual penetration includes complainant’s anal penetration; conviction for engaging adult services requires proof of procurement.
Criminal law — Sexual offences — Statutory rape and sexual exploitation of a child — Gender‑neutral definition of sexual penetration — Penetration by complainant at accused’s instance suffices; conviction for engaging adult’s sexual services requires proof of procurement/ commercial engagement; trial court’s refusal to postpone defence properly exercised.
|
27 February 2026 |
|
A passenger who seizes control by operating vehicle controls becomes the "driver" under section 17(1) of the RAF Act.
Road Accident Fund Act s17(1) — meaning of "driver"; control/ manipulation of vehicle controls (handbrake) as driving; passenger assuming control; ordinary meaning of driving; purposive interpretation to secure third-party compensation.
|
27 February 2026 |
|
A s345 demand requires a liquidated, undisputed debt; without‑prejudice settlement offers do not create such debt.
Companies Act s345 – demand for payment – requirement of a liquidated, due debt – bona fide dispute renders debt illiquid; without‑prejudice settlement offers do not constitute payment certificates; payment into attorneys’ trust account may sufficiently secure disputed claims; winding‑up not to be used to force payment of disputed debts.
|
26 February 2026 |
|
Condictio furtiva claim failed where directors authorised payment, the company received contractual value, and no patrimonial loss was proved.
Condictio furtiva — theft — corporate consent and bona fide belief — simulated transactions to defraud fiscus — requirement of patrimonial loss — rectification and stay applications moot.
|
26 February 2026 |
|
Eviction application stayed because unresolved corporate disputes about who lawfully represents the owner affect PIE Act enquiries.
PIE Act — eviction — must first determine ownership/authority and unlawful occupation before just-and-equitable enquiry; corporate disputes (shareholding/directorship) and BRP authority may require stay; Plascon‑Evans approach not a basis for dismissal where foundational corporate issues are pending; stay pending related litigation; party-and-party costs awarded to respondents.
|
25 February 2026 |
|
Absent a signed deed of alienation, the respondent did not acquire the applicant’s half‑share; sale and equitable allocation of municipal liabilities ordered.
Alienation of Land Act s2(1) — formalities for alienation of undivided share; deed of alienation required — sale void ab initio if unsigned; Deeds Registries Act s45bis cannot cure invalid alienation; actio communi dividundo — termination by sale; allocation of municipal rates and indemnity; costs on Scale B.
|
25 February 2026 |
|
Whether ESTA applies or PIE governs eviction where the land is not designated for agricultural purposes.
[
|
25 February 2026 |
|
Applicants lacked standing and authority; urgent interdict to halt baboon management plan dismissed; costs reserved.
Urgency — self-created; interim interdict — requisites (irreparable harm, absence of alternative remedies, prospects of success); locus standi — s38(a),(d),(e); authority to represent voluntary association; separation of powers and public‑interest harms in environmental governance; non‑joinder; costs de bonis propriis/punitive costs.
|
25 February 2026 |
|
Material contradictions, misapplied s186 and unreliable corroboration undermined the State’s rape case; accused acquitted.
Criminal law – rape – single‑witness evidence and contradictions with J88 history – limited probative value of ‘hymen not intact’ – alibi supported by documentary proof – improper use of s186 CPA to call court witness – reliance on demeanour cautioned.
|
24 February 2026 |
|
A claims‑made PI policy with a clear Covid‑19 exclusion barred the defendant's indemnity; late notice compounded repudiation.
Insurance — Professional indemnity — Claims‑made policy — Retroactive date distinct from policy period — Covid‑19 / Infectious disease exclusion — Notification obligations; failure to notify and material non‑disclosure may justify repudiation.
|
24 February 2026 |
|
Spoliation claim dismissed; interim interdict granted pending review and way‑of‑necessity proceedings to preserve access.
Administrative law – de‑proclamation of public road and registration of servitude – mandament van spolie – possession vs unlawful dispossession – review proceedings do not automatically suspend administrative decisions – duty to limit practical consequences pending review (Pikoli) – interim interdict: prima facie right, irreparable harm, balance of convenience – way of necessity.
|
24 February 2026 |
|
Whether non-joinder defeats an application for a mandatory interdict to secure parking bays under zoning and sectional title rules.
Sectional title and zoning – Mandatory interdict for provision of parking – Joinder of third‑party owners and lessees – Rights derived aliunde – Rosebank Mall principle; notice procedure to cure non‑joinder.
|
23 February 2026 |
|
Leave to appeal refused where applicants only advanced the possibility of a different outcome, not reasonable prospects of success.
Criminal procedure – leave to appeal – s 17(1)(a)(i) Superior Courts Act – reasonable prospects of success required; mere possibility or arguable case insufficient – sentencing discretion – appellate interference only for irregularity, vitiating misdirection or shocking disproportionality – prescribed minimum sentences.
|
23 February 2026 |
|
Appellants charged with Schedule 6 child sexual offences failed to show exceptional circumstances; bail refusal upheld.
Bail — Schedule 6 offences — s60(11)(a) CPA — exceptional circumstances required on balance of probabilities — strength of State’s prima facie case (real and medical evidence) — risk to child safety, witness intimidation and evasion of trial — children’s best interests considered.
|
20 February 2026 |
|
No binding novation, compromise, consultancy or licence: negotiations lacked intention, authority, agreed quantum and an unmet suspensive condition.
Contract formation — novation and compromise — animus contrahendi; authority of trustees and principal officer under Medical Schemes Act; essentiality of consensus on quantum; suspensive condition (competing claim) preventing formation; settlement privilege limited to proving existence of settlement; locus standi for software licence claims where copyright vests in separate entity.
|
19 February 2026 |
|
Strong cumulative circumstantial, cellphone and forensic evidence upheld convictions and appeal was dismissed.
Circumstantial evidence; cumulative probative value; dock identification caution; cell‑phone records as circumstantial corroboration; forensic evidence — gunshot residue and ballistic linkage; admissibility of bail‑proceedings admissions; appeal against convictions on automatic review.
|
17 February 2026 |
|
Community ties, health and tangible prejudice can constitute exceptional circumstances justifying bail with stringent conditions.
Bail — Schedule 6 sexual offence — Section 60(11)(a) CPA — exceptional circumstances — likelihood to interfere with witnesses (s60(4)(c)), undermine justice (s60(4)(d)), or disturb public confidence (s60(4)(e)) — community ties and social contributions as mitigating factors — affidavit evidence in bail proceedings — use of tailored bail conditions.
|
17 February 2026 |
|
Applicant's Rule 43(6) variation dismissed: no material change, self‑engineered finances, failure of full disclosure, punitive costs awarded.
Family law — Rule 43(6) variation of interim maintenance — material change in circumstances — duty of full and frank financial disclosure — self‑engineered finances and abuse of process — attorney and client costs.
|
16 February 2026 |
|
Sureties bound in solidum are liable on a prima facie certificate of balance; rescission of liquidation failed for lack of absence, standing and good cause.
Suretyship – liability of sureties bound in solidum – certificate of balance as prima facie proof – onus on surety to rebut; Contract – renunciation of benefits (excusion/division) – public policy and Barkhuizen; Rescission of liquidation orders – locus standi under s 354, Rule 42 and common law requirements for rescission; Presence/participation at liquidation hearing precludes rescission; Costs – attorney-and-client and Scale B counsel costs.
|
16 February 2026 |
|
Appeal dismissed: conviction and life sentence for repeated rape of a child upheld; no substantial and compelling circumstances found.
Criminal law – Rape of a minor – Proof by medico‑legal evidence and DNA paternity; Sentencing – Prescribed minimum life imprisonment for rape of a child – substantial and compelling circumstances; Appellate review – interference with sentence only where material misdirection or shocking inappropriateness present.
|
13 February 2026 |
|
Exception dismissed: plaintiffs’ particulars disclose a damages claim for defective construction; Alienation of Land Act not engaged.
Civil procedure — Exception to particulars of claim — whether particulars disclose a cause of action; vagueness and embarrassment — Contract law — plot-and-plan construction agreement; claim for damages for defective workmanship — Alienation of Land Act s 2(1) not engaged where claim is for remedial damages after transfer and occupation.
|
12 February 2026 |
|
Urgent stay and spoliation claims dismissed for hearsay, lack of standing, self‑created urgency, and insufficient evidence.
Urgent application for stay of execution; anti‑spoliation claim; hearsay and lack of foundational evidence; standing under s38(b),(c),(d) of the Constitution; self‑created urgency; Rule 45A discretion; challenge to title does not automatically suspend eviction orders.
|
11 February 2026 |
|
Appellant failed to show the interests of justice permit bail for a Schedule 5 offence; appeal dismissed.
Criminal procedure – Bail – Schedule 5 offence – onus on accused under s60(11)(b) to show on balance of probabilities interests of justice permit release; grounds in s60(4)(a)–(e) (danger to public; evading trial; interfering with witnesses); appellate restraint under s65(4) – interference only if lower court exercised discretion wrongly; condonation for late appeal where transcript delay justified.
|
11 February 2026 |
|
A bona fide valuation dispute and subsequent summons defeated a municipal provisional winding‑up application.
Winding‑up (s344/s345) — provisional liquidation — bona fide and reasonable dispute over municipal property valuation/rates — Badenhorst rule — summons issued during liquidation proceedings dispositive — supplementary affidavit admitted under rule 6(5)(e).
|
10 February 2026 |
|
Applicant failed to prove exceptional circumstances under s60(11)(a); appeal against bail refusal dismissed.
Criminal procedure – Bail – Schedule 6 offences – s60(11)(a) onus on accused to prove exceptional circumstances – s60(14) police docket confidentiality and court’s discretion to order disclosure – s60(2)(c)/60(3) discretionary calling/ordering of evidence – s60(9) balancing of accused’s liberty against interests of justice – appellate review of wide judicial discretion.
|
10 February 2026 |
|
Prolonged pre‑trial incarceration found substantial and compelling, reducing prescribed minimum sentence for a brutal child murder to nine years.
Criminal law — Sentencing — Prescribed minimums under s 51(2) Criminal Law Amendment Act — substantial and compelling circumstances — pre‑sentencing detention as mitigation — murder of a child; breach of trust; S v Zinn; S v Malgas; S v Vilakazi.
|
10 February 2026 |
|
Affixing process at a domicilium does not satisfy amended Rule 4(1)(a)(iv); default judgments refused for inadequate service.
Civil procedure — Service of process — Uniform Rule 4(1)(a)(iv) (substituted 27 Dec 2024) — domicilium citandi — delivery to person 16+ preferred; sheriff may leave copy if no person present — affixing not encompassed by subrule (iv) — sheriff's return must give detailed account — default judgment refused where service inadequately proved.
|
6 February 2026 |
|
Leave to appeal refused; contempt finding and interim relief upheld; order varied to dismiss rescission and counter‑application.
Contempt of court; interim relief v final effect; payment orders and ability to pay; joinder of corporate entities; rescission and variation of orders; costs scale.
|
4 February 2026 |
|
The applicant declared a vexatious litigant; further proceedings against the TW Respondents barred without leave; punitive costs awarded.
Vexatious Proceedings Act s2(1)(b) – persistent, ungrounded litigation; common-law jurisdiction to curb abuse of process; security for costs; obviously unsustainable claims; balancing s34 constitutional access to courts.
|
4 February 2026 |
|
Whether a municipal development scheme permits retail sale and storage of LPG at a consented service station on non‑RI land.
Municipal planning — Development Management Scheme and Municipal Planning By-law — interpretation of “service station” — whether retail sale and on‑site storage of LPG permitted on GB1 (non‑RI) land — meaning and scope of “risk activity” — interplay with Fire Safety By‑law, National Building Regulations, OHSA/MHI regulations — costs and Biowatch principle.
|
3 February 2026 |
|
The accused were convicted under the common‑purpose doctrine for murder, GBH (competent verdict) and two kidnappings.
Criminal law — Common purpose — Mgedezi requirements — Dolus eventualis — Group violence — Kidnapping — Competent verdict: assault with intent to do grievous bodily harm (s.256 CPA).
|
3 February 2026 |
|
Court adjusted life-expectancy (between actuarial tables) and awarded R6,407,053.60 after apportionment for personal-injury losses.
Delict — personal injury quantum — assessment of general damages, past and future medical/prosthetic costs, and loss of earnings; life-expectancy valuation — choice between apartheid-era Life Tables (1984–86) and Koch’s socio-economic modification — individualisation, constitutional equality and dignity concerns; admissibility and effect of joint expert minutes (Rule 38(2)); contingencies and actuarial adjustments; transport, domestic-care awards; costs including two counsel.
|
2 February 2026 |
| January 2026 |
|
|
A consolidation loan secured by a covering bond was declared reckless and set aside; bond must be cancelled and plaintiffs’ claim dismissed.
National Credit Act — registration as credit provider (s40) — reckless credit (s80) — affordability and credit assessment obligations (s81) — over‑indebtedness (s79) — remedies for reckless credit, partial nullification under s83(2)(a) — continuing covering bond cancellation.
|
30 January 2026 |
|
Review for bias and irregularity of Small Claims Court judgment dismissed; procedural defect cured; no bias.
Small Claims Court — review limited to section 46 grounds — inquisitorial and informal procedure — presumption of impartiality; failure to serve counterclaim cured by recalling parties; PAJA inapplicable; res judicata inapplicable.
|
29 January 2026 |
|
A public carrier is liable for passenger injury caused by open train doors; lack of a ticket does not negate that duty.
Passenger safety — public carrier’s duty to ensure doors are closed while trains move — negligence where open doors and overcrowding cause passenger ejection — causation established — absence of ticket irrelevant to duty and liability.
|
29 January 2026 |
