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31,613 judgments
Citation
Judgment date
January 2026
Capitec Bank Limited v Mountain Meadow Investments (Pty) Limited and Another (D3133/2025) [2026] ZAKZDHC 2 (21 January 2026)
Bank entitled to judgment on loan and overdraft; suretyship valid, NCA inapplicable, surety’s liability capped at R1,950,000.
Banking and contract – loan and overdraft facility – validity of loan agreement, overdraft and suretyship – certificate of balance requirements – corporate deponent's knowledge and attorney authority – National Credit Act inapplicable to juristic person above threshold – reckless credit defence unavailable – surety's liability limited by deed.
 21 January 2026
V V C v J R M and Others (CCT 202/24) [2026] ZACC 2 (21 January 2026)
21 January 2026
Dama v Minister of Police and Another (2902/2022) [2026] ZAECGHC 2 (20 January 2026)
Arrest and remand were lawful based on reasonable suspicion and prima facie evidence; malicious prosecution not established.
Criminal procedure — Lawful arrest and detention — Reasonable suspicion based on recognition by complainant — Exercise of arresting officer’s discretion — Bail/remand under s60 CPA (Schedule 5 offences) — Prosecutorial independence and prima facie case — Malicious prosecution requires malice (animus injuriandi).
 20 January 2026
Damoyi v Minister of Police (628/2023) [2026] ZAECGHC 3 (20 January 2026)
Warrantless arrest under COVID-19 liquor-sale regulation was unlawful; plaintiff awarded R140,000 for detention.
Criminal procedure – Arrest without warrant – s 40(1)(b) CPA – Requirement that suspected offence be a Schedule 1 offence – Reasonable suspicion must be objectively grounded (Duncan) – Emergency COVID-19 liquor-sale regulations do not automatically constitute Schedule 1 offences – Unlawful arrest and detention – Assessment of solatium for deprivation of liberty.
 20 January 2026
S T v Minister of Police (402/2020) [2026] ZAECMHC 2 (20 January 2026)
Whether the respondent is vicariously liable for SAPS members' unjustified shooting of the applicant during a school protest.
Delict — Assault by police — Civil onus and single-witness evidence — Corroboration by medical records and recovered SAPS cartridges — Vicarious liability of employer for police members — Failure to establish lawful justification for use of force.
 20 January 2026
Atlantic Oil (Pty) Ltd ; In Re: A C ; In Re: J J M C and Others (3944/2024) [2026] ZANWHC 7 (19 January 2026)
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.
 19 January 2026
Bester and Others v Minister of Agriculture, Rural Development and Land Reform and Others (LCC 20/2022B) [2026] ZALCC 1 (19 January 2026)
Whether the applicants' Gazette inclusion and court referral were invalid due to defective, out-of-time restitution claim forms.
Restitution Act s10(1), s10(3) – mandatory description and resolution requirements – cut-off date 31 December 1998 – validity of claim forms – PAJA review and condonation – publication in Government Gazette – referral to Land Claims Court s14(1) – nullity and review – section 11A withdrawal – costs order (party and party, two counsel).
 19 January 2026
Govindan and Another v Govindan and Another (D12592/2022) [2026] ZAKZDHC 3 (19 January 2026)
Owner entitled to evict elderly occupiers; court balanced PIE s4(7) factors, granting delayed eviction with relocation conditions.
PIE Act s 4(7) – eviction by private owner – two-stage enquiry (just and equitable; implementation and conditions) – elderly occupiers – municipal alternative accommodation – validity of will and Master’s letters – conditions: delayed eviction, utilities, relocation costs, sheriff enforcement.
 19 January 2026
Taag Trust v Unknown Occupiers of Portion 5 of Farm De Wet Stroom, Nr 3309 Newcastle, KwaZulu-Natal (LANC 2025-160566) [2026] ZALCC 2 (19 January 2026)
Occupier’s erection of a new dwelling without prior meaningful engagement is unlawful; demolition is discretionary.
Land law/ESTA – occupier’s right to improve dwelling – requirement of meaningful engagement with owner – unlawful construction without consent – discretionary demolition relief; balancing human dignity and property rights.
 19 January 2026
B M v S (A1/2026) [2026] ZAGPJHC 20 (16 January 2026)
Bail appeal dismissed where appellant failed to discharge onus amid serious alleged violence and risk to witnesses.
Criminal procedure – Bail – Onus on accused to show interests of justice favour release – Serious violence and risk to complainants and witnesses – Alleged assault on police – Right to silence in bail proceedings – Enforceability of bail conditions – Pre‑trial detention delay.
 16 January 2026
Brink Construction (Pty) Ltd and Another v National Director of Public Prosecutions and Another ; In re: Ex parte: National Director of Public Prosecutions (M 440/2023) [2026] ZANWHC 5 (16 January 2026)
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.
 16 January 2026
Caledon River Properties (Pty) Ltd t/a Magwa Construction and Another v Special Investigating Unit and Another (375/2024; 419/2024) [2026] ZASCA 5 (16 January 2026)
Reconsideration refused: s172(1)(b) discretion properly exercised denying profit to contractors in unlawful procurement.
Constitutional law – s 172(1)(b) remedial discretion – invalid public procurement contracts – whether contractor entitled to profit – no profit from unlawful conduct; s 17(2)(f) Superior Courts Act – reconsideration of refusal of special leave to appeal; procurement law – s 217 Constitution and Treasury Regulations; debatement of accounts as remedy.
 16 January 2026
Finnemore v Millet-Clay (2025-126867) [2026] ZAGPJHC 19 (16 January 2026)
Sections 30–31 do not require co-holder consent to enrol a child; court orders enrolment closer to home in child’s best interests.
Children’s Act — sections 30 and 31 — exercise of parental responsibilities and rights — whether consent of co-holder required to enrol child at school — major decisions and due regard to views but no consent veto; best interests of the child; expert (Voice of the Child) report; improper withholding of consent as leverage over maintenance.
 16 January 2026
Mofoka v MEC Department of Roads and Public Works and Others (132/2015) [2026] ZANCHC 3 (16 January 2026)
Provincial roads authority liable for failure to repair/warn of road defect; damages apportioned 80% authority, 20% deceased.
Delict — Road-traffic single-vehicle accident — State/Provincial roads authority duty to maintain roads and warn of hazards — Wrongful omission and negligence — Factual and legal causation — Contributory negligence and apportionment of damages — Costs.
 16 January 2026
Saambegin (Pty) Ltd and Others v Overhex Wines International (Pty) Ltd (21575/2022) [2026] ZAWCHC 1 (16 January 2026)
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.
 16 January 2026
Sehole v Kgatelopele Local Municipality and Others (511/2025) [2026] ZANCHC 2 (16 January 2026)
Court varied reinstatement order to include backdated remuneration and interest under Rule 42(1)(b).
Rule 42(1)(b) — variation of orders for ambiguity/omission — reasonable time requirement; interpretation of reinstatement — includes backpay and benefits; peremption not automatically fatal to rescission/variation.
 16 January 2026
Tholo Energy Services CC v Commissioner for South African Revenue Service (CCT 252/24) [2026] ZACC 1 (16 January 2026)
Wide tariff appeals permit related additional defence grounds; refunds require fuel from VM premises and ITAC export permits.
Customs and excise — section 47(9)(e) wide tariff appeals — scope of "determination" — whether administrator may rely on additional grounds in defence — statutory interpretation of section 64F(1)(b) and Schedule 6 — requirement that fuel for DAS refunds be obtained from licensed VM premises — ITAC export permit requirement for removals to BLNS countries — procedural fairness and wide appeals.
 16 January 2026
Cormach and Others v King Sabatha Dalindyebo Municipality and Others (2025-230327; 2025-230759; 2025-230801; 2025-231327) [2026] ZAECGHC 1 (15 January 2026)
Municipality lawfully disconnected electricity after owner’s valid termination and occupiers received proper pre‑termination notice.
Municipal law – Electricity supply – Termination by property owner – Municipality’s duty to give pre‑termination notice under Municipal Systems Act and by‑laws – Distinguishable from cases where no notice was given – Disconnection not unlawful or an eviction where statutory process followed.
 15 January 2026
Special Investigating Unit and Others v Lekabe ; Special Investigating Unit and Others v Kajee (GP 09/2019; GP 22/2021) [2026] ZAST 2 (15 January 2026)
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.
 15 January 2026
Thabiso v Road Accident Fund (2024/000953) [2026] ZAGPJHC 22 (15 January 2026)
Matter not ripe for quantum adjudication due to failure to comply with Practice Directive set‑down and practice‑note requirements.
Civil procedure — Road Accident Fund — Default judgment matters — Practice Directive 1 of 2024 (as amended) — Peremptory requirement for notice of set-down, practice note and heads of argument — Case management — Procedural irregularity requires directions and removal from roll rather than adjudication of quantum.
 15 January 2026
Mahlaba v Minister of Police (A2024 - 094541) [2026] ZAGPJHC 18 (14 January 2026)
Warrantless arrest lawful where objective reasonable suspicion existed; hearsay may justify suspicion and failure to call arresting officer not fatal.
Criminal procedure — warrantless arrest — s 40(1)(b) CPA — reasonable suspicion may be based on hearsay — documentary statements in police docket admissible to show information available to arresting officer — failure to call arresting officer not necessarily fatal — no adverse inference.
 14 January 2026
National Director of Public Prosecutions v Gcaba (488/2024) [2026] ZASCA 4 (14 January 2026)
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.
 14 January 2026
Waterford Estate Homeowners Association NPC v Riverside Lodge Body Corporate and Others (819/2024) [2026] ZASCA 3 (14 January 2026)
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.
 14 January 2026
Matthew and Others v Africa Imaging (Pty) Ltd and Others (D6693/2024) [2026] ZAKZDHC 1 (13 January 2026)
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.
 13 January 2026
Octotel (Pty) Ltd v Chairperson Independent Communications Authority of South Africa and Others (039586/2023) [2026] ZAGPPHC 9 (13 January 2026)
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).
 13 January 2026
S v Ndyebo (B292/2023; CA&R119/2025) [2026] ZAECMHC 1 (13 January 2026)
A magistrate’s issuance of two conflicting orders (conviction then acquittal) in one proceeding constituted gross irregularity requiring review.
Criminal procedure — Section 174 CPA — single decision at close of State’s case; functus officio; audi alteram partem; gross irregularity under s22 Superior Courts Act; review and remit de novo.
 13 January 2026
E M v S M (096891/2024) [2026] ZAGPPHC 8 (12 January 2026)
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.
 12 January 2026
Kasselman NO and Others v South African National Road Agency SOC Ltd and Others (297/2024) [2026] ZASCA 2 (12 January 2026)
SANRAL’s adoption and retrospective application of increased levies held to be administrative action and unlawful for procedural non‑compliance.
Administrative law; State-owned entity (SANRAL) exercising public power; Policy adoption and levy increases constitute administrative action under PAJA; Mandatory publication and public participation requirements; Ineffective internal remedy under s57 where Minister failed to prescribe procedures; Review and remittal; Procedural fairness and principle of legality.
 12 January 2026
Magoda v Special Investigating Unit ; In re: Special Investigating Unit v Big Five Farming Co-Operative Limited and Others (WC 01/2021) [2026] ZAST 1 (12 January 2026)
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.
 12 January 2026
Seichoko and Another v S (CA 35/2025; Court a quo RC 61/2019) [2026] ZANWHC 4 (12 January 2026)
Appellants' appeal dismissed; trial without assessors and s176 correction of judgment upheld; life sentences affirmed.
Criminal law – Murder – Common purpose (s 51(1) read with Schedule 2 Part 1) – Trial without assessors – s93ter and counsel’s waiver – Amendment of judgment under s176 Criminal Procedure Act – Life sentence – Substantial and compelling circumstances.
 12 January 2026
W M C M v U A M (7390/2018) [2026] ZAGPPHC 7 (12 January 2026)
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.
 12 January 2026
Bagale Consulting (Pty) Ltd v Member of Executive Council North West Department of Health and Others (804/2024) [2026] ZANWHC 3 (9 January 2026)
Applicant’s project-manager appointment upheld; later appointment and SLA with another consultant set aside for tender non-compliance (expired registration).
Procurement law; public tender compliance; PAJA review; non-responsiveness for expired professional registration; s 217 Constitution — fairness, competitiveness and transparency; declaratory relief under Superior Courts Act s 21(1)(c); contract variation from turnkey to traditional appointment; termination by conduct vs formal termination.
 9 January 2026
Baloyi v Road Accident Fund (059165/24) [2026] ZAGPJHC 16 (9 January 2026)
Court postponed the claim because unexplained documentary inconsistencies prevented a safe finding on liability.
Road Accident Fund claim – documentary inconsistencies in accident report, medical records and expert reports – reliability and coherence of evidential foundation – plaintiff’s burden to prove negligence and causation – damages not adjudicable absent established liability – leave to cure evidential deficiencies; matter postponed sine die.
 9 January 2026
E B M obo S M and Others v Road Accident Fund (2025-057581) [2026] ZAGPJHC 10 (9 January 2026)
Court made RAF settlement an order, awarding quantified loss of support, trust for minors, costs, and invalidating contingency fee agreement.
Settlement agreements — enforcement as court orders under Eke v Parsons — RAF claims — default procedure (Rule 32/38(2)) — quantification of loss of support — establishment and terms of trust for minors — costs and invalidation of contingency fee agreement.
 9 January 2026
Gar Motors (Pty) Ltd t/a JB Toerusting and Another v United Apostolic Church and Faith Healing Ministries (219/2022) [2026] ZANCHC 1 (9 January 2026)
A peregrinus plaintiff is not automatically required to furnish security for costs; the court exercises discretion based on fairness.
Civil procedure – Security for costs – Rule 47(3) – Peregrinus v incola – no automatic right to security; court exercises discretion based on fairness and particular circumstances – condonation of late affidavit – foreign funds as evidence of means – costs on attorney-and-client scale.
 9 January 2026
Lephoto v Road Accident Fund (25794/2022) [2026] ZAGPJHC 13 (9 January 2026)
Court refused to make an incomplete RAF settlement an order, requiring clarification of liability and damages.
Civil procedure — Settlement agreements — Incorporation as court order — Eke v Parsons criteria — RAF claims — Settlement must record liability and disposition of damages — Court may not rewrite agreements — Rule 38(2) determination where defendant non-compliant.
 9 January 2026
Moses v Road Accident Fund (2022/22071) [2026] ZAGPJHC 15 (9 January 2026)
Default judgment cannot be granted without proof that a compelling order was served and the defendant failed to comply.
Civil procedure — Default judgment — Uniform Rule 31(2)(a) and Rule 37(8) — Striking out defence for non‑attendance at compelled pre‑trial conference — Requirement of clear proof of service of compelling order — audi alteram partem safeguard — Procedural default must be established on the papers.
 9 January 2026
N N K H obo B M N v Road Accident Fund (2023/072586) [2026] ZAGPJHC 12 (9 January 2026)
Court refused default judgment due to unexplained documentary inconsistencies and granted leave to supplement evidence.
Road Accident Fund – default judgment – burden of proof lies on plaintiff to prove negligence and causation before quantum – material documentary inconsistencies (AR numbers, dates, alterations, lack of scene sketch) undermining reliability – leave granted to cure evidential deficiencies by affidavit – matter postponed sine die and leave to re-enrol.
 9 January 2026
Twala v Road Accident Fund (19/43859) [2026] ZAGPJHC 14 (9 January 2026)
Plaintiff cannot obtain default judgment on quantum without proper set‑down and a compliant practice note under Practice Directive 1 of 2024.
Road Accident Fund matters — Default judgment — Practice Directive 1 of 2024 (as amended) — Peremptory practice‑note and enrolment requirements — Striking out defence does not entitle immediate adjudication of quantum — Case management and regularisation required.
 9 January 2026
J M M and Another v Masureik and Others (807/2024) [2026] ZASCA 1 (8 January 2026)
A contingent accrual claim does not confer a proprietary occupier’s right; reconsideration under s17(2)(f) denied.
s 17(2)(f) Superior Courts Act — reconsideration threshold (grave failure of justice/administration of justice in disrepute); Matrimonial Property Act — accrual claim contingent until dissolution, not a proprietary right of occupation; Doctrine of notice inapplicable to contingent accrual claims; PIE Act — eviction may be just and equitable where spouse has no vested right; Procedure — proper form of order when jurisdictional threshold not met (confirmation vs striking off roll).
 8 January 2026
Limelight Academy Institution (Pty) Ltd v First National Bank of South Africa (044202/2025) [2026] ZAGPPHC 6 (8 January 2026)
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.
 8 January 2026
Kruger v Kruger and Another (52392/2021) [2026] ZAGPPHC 4 (6 January 2026)
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.
 6 January 2026
Papo and Others v African National Congress and Others (2025-151570) [2026] ZAGPPHC 10 (6 January 2026)
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.
 6 January 2026
Dladla v Manana and Others (2023/125417) [2026] ZAGPPHC 1 (5 January 2026)
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.
 5 January 2026
Dube and Others v S (A104/2021; SS 063/2016) [2026] ZAGPJHC 2 (5 January 2026)
Bail pending appeal refused because applicant is a flight risk and lacks lawful immigration status, risking commission of a Schedule 1 offence.
Criminal procedure — Bail pending appeal — Interaction of s321 and s60(4) of the Criminal Procedure Act — Flight risk and evasion of sentence — Immigration status and commission of Schedule 1 offence — SCA referral for leave to appeal does not itself establish exceptional circumstances.
 5 January 2026
Gaonamong v Minister of Justice and Correctional Services (557/2018) [2026] ZANWHC 2 (5 January 2026)
Claim for unlawful detention dismissed: court confined to stated case; no pleaded liability against the Minister.
Delict — Unlawful detention — Liability of Minister of Justice and Correctional Services — Stated case (Rule 33) — Court confined to four corners of agreed facts and pleadings — Mtokonya applied — No pleaded case against registrar/Department of Justice; no liability.
 5 January 2026
Joubert v Black Rhino Game Lodge (Pty) Ltd and Others (2023- 083030) [2026] ZAGPPHC 3 (5 January 2026)
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.
 5 January 2026
Khumalo v Road Accident Fund (018554/2025) [2026] ZAGPJHC 4 (5 January 2026)
Plaintiff’s liability claim in hit‑and‑run dismissed for now due to material defects in the accident report and evidence; leave to supplement.
Road Accident Fund — hit‑and‑run collision — admissibility and sufficiency of accident report — material defects in AR and witness statements — uncertified, non‑chronological medical records — onus of proof and default judgment not automatic — leave to supplement evidential record.
 5 January 2026
Khumalo v Road Accident Fund (018554/2025) [2026] ZAGPJHC 8 (5 January 2026)
Plaintiff failed to prove negligence due to material deficiencies in accident report and supporting evidence; leave to supplement granted.
Road Accident Fund – s19(f) claim – hit‑and‑run collision – insufficiency and admissibility of accident report and witness statements – uncertified/unsorted medical records – default judgment not automatic – leave to supplement evidential record and re‑enrolment.
 5 January 2026
Kukama and Others v Baphalane Ba Ramokoka Property Association and Others (M634/22) [2026] ZANWHC 1 (5 January 2026)
Court declares the communal association’s AGM election unlawful; orders disclosure, fresh elections and temporary state administration.
Communal Property Associations Act – AGM and committee elections – constitutionality and compliance with association constitution – PAJA and administrative action – principle of legality as alternative review – effectiveness of s10 internal remedy – disclosure and temporary administration pending fresh elections.
 5 January 2026