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Recent Judgments
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Delay in prosecuting appeal and absence of evidence of active dissociation justified refusal to condone and reinstate appeal.
Criminal law — Common purpose — Active association and prior agreement — Single-witness proof; Disassociation — burden and evidential requirements for active withdrawal; Civil/criminal pleadings — inconsistency between trial defence and later disassociation claim; Civil procedure — Condonation for non-compliance with SCA Rules — interests of justice, delay, explanation, and prospects of success
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2 April 2026 |
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A party absent from taxation cannot invoke SCA rule 17(3) to require the Taxing Master to state a case.
Taxation of costs – SCA rule 17(3) – scope limited to items objected to at taxation or disallowed mero motu; Non‑attendance at taxation precludes review under rule 17(3); Procedural unfairness in taxation may warrant setting aside under common law but not by rule 17(3); Precedents: Macbeth Attorneys; Makhabele
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1 April 2026 |
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Du Toit two‑stage market‑value approach governs expropriation compensation; s25(3) requires objective assessment, not a "true discretion".
Expropriation — Compensation — Du Toit two‑stage approach: determine s 12(1) market compensation then assess just and equitable under s 25(3); s 25(3) is an objective legal standard not a "true discretion"; valuation — weight of market value, potential (highest and best) use, actual pre‑ and post‑expropriation sales; remittal for further expert evidence; costs — punitive trial costs upheld, costs of suit set aside
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1 April 2026 |
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Later invalidation of agreements does not automatically create an unjust enrichment claim absent absence of causa or non‑delivery.
Unjust enrichment – condictio sine causa specialis – whether judicial review setting aside administrative agreements renders prior payments sine causa; Oudekraal principle that invalidation does not necessarily undo subsequent acts; exception for failure to disclose cause of action where pleadings show factual causa and delivery of goods
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1 April 2026 |
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A subpoena seeking alleged audit documents was set aside as an abuse of process; auditor not compellable to disclose protected audit information.
Subpoena duces tecum – cancellation under s 36(5) Superior Courts Act – Public Audit Act s 18(3) confidentiality of audit information – abuse of process – PAIA misuse – mootness doctrine in first‑instance proceedings
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1 April 2026 |
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Security-for-costs application dismissed because the respondents were deregistered companies and the amendment was irregular.
Companies Act s83(4) – deregistration causes company to cease to exist; Security for costs – cannot be ordered against deregistered companies; Civil procedure – Rule 28 amendment procedure and irregular steps; De bonis propriis costs – inappropriate where relief introduced by irregular amendment
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1 April 2026 |
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Defendant liable for hospital’s intrapartum negligence causing minor’s hypoxic‑ischaemic brain injury; punitive costs awarded.
Medical negligence – obstetric care – prolonged latent labour, inadequate fetal monitoring, misinterpretation of CTG, inappropriate augmentation, failure to perform timely C‑section – intrapartum hypoxic‑ischaemic brain injury; expert joint minutes binding; inadmissibility of expert report not properly admitted; punitive attorney‑and‑client costs
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31 March 2026 |
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Rule 7(1) challenge unanswered renders an answering affidavit pro non scripto; respondent given 60 days to comply, deponent faces possible personal costs.
Civil contempt — requisites: order, service, non-compliance, wilfulness — Rule 7(1) challenge to deponent’s authority — answering affidavit treated pro non scripto if authority not proved — burden shifts on respondent to rebut wilfulness — remedial coercive relief and personal costs de bonis propriis for grossly negligent representative
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31 March 2026 |
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An unlawful tender award (fraudulent B-BBEE, stale Good Standing, financial non‑compliance) set aside; JV ordered to disgorge profits.
Procurement law — Section 217 Constitution — fraudulent B-BBEE certificate, expired Letter of Good Standing, non-compliance with financial-capacity criteria — award and contract reviewable and set aside — disgorgement of profits as appropriate remedy
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31 March 2026 |
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Precautionary suspensions set aside for failing to satisfy clause 16's 'reasonable cause to believe' requirement; applicants reinstated.
Labour law/administrative action – precautionary suspension – Compliance with collective agreement clause 16 (reasonable cause to believe) – Substantial compliance insufficient where wording lacking – Urgent review and High Court concurrent jurisdiction – Breach of contract; suspension set aside; reinstatement and costs
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30 March 2026 |
Recent Legislation
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Finance and Money
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Government Notice 7289 of 2026 | 23 March 2026 |
| General Notice 202 of 2026 | 23 March 2026 | |
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Environment, Climate and Wildlife
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Health and Food Safety
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Labour and Employment
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Government Notice 7292 of 2026 | 20 March 2026 |
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Labour and Employment
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Government Notice 7253 of 2026 | 20 March 2026 |
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Labour and Employment
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Government Notice 7256 of 2026 | 20 March 2026 |
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Labour and Employment
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Government Notice 7255 of 2026 | 20 March 2026 |
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Environment, Climate and Wildlife
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Health and Food Safety
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Labour and Employment
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Government Notice 7252 of 2026 | 20 March 2026 |
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Labour and Employment
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Government Notice 7261 of 2026 | 20 March 2026 |
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Labour and Employment
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Government Notice 7262 of 2026 | 20 March 2026 |
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Labour and Employment
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Government Notice 7279 of 2026 | 20 March 2026 |
Recent Gazettes
| 13 November 2026 | |
| 3 April 2026 | |
| 3 April 2026 | |
| 2 April 2026 | |
| 2 April 2026 |
Courts
High Courts
- High Court of South Africa Eastern Cape, Bhisho
- High Court of South Africa Eastern Cape, East London Local Court
- High Court of South Africa Eastern Cape, Grahamstown
- High Court of South Africa Eastern Cape, Mthatha
- High Court of South Africa Eastern Cape, Port Elizabeth
- High Court of South Africa Free State, Bloemfontein
- High Court of South Africa KwaZulu-Natal, Durban
- High Court of South Africa KwaZulu-Natal, Pietermaritzburg
- High Court of South Africa Limpopo, Polokwane
- High Court of South Africa Limpopo, Thohoyandou
- High Court of South Africa Mpumalanga, Mbombela
- High Court of South Africa Northern Cape, Kimberley
- High Court of South Africa North Gauteng, Pretoria
- High Court of South Africa North-West, Mafikeng
- High Court of South Africa South Gauteng, Johannesburg
- High Court of South Africa Western Cape, Cape Town
Old Jurisdictions
- Cape of Good Hope Provincial Division
- Eastern Cape Division
- High Court of South-West Africa
- High Court of the Orange River Colony
- Northern Cape Division
- Orange Free State Provincial Division
- South East Cape Local Division
- Supreme Court of the Cape of Good Hope
- Supreme Court Orange Free State Provincial Division
- Transvaal Provincial Division
- Witwatersrand Local Division
Collections
Case indexes
Legislation subject areas
- Agriculture and Land
- Arts and Culture
- Business, Trade and Industry
- Citizenship and Immigration
- Communications and Media
- Dispute Resolution and Mediation
- Education
- Energy and Natural Resources
- Environment, Climate and Wildlife
- Finance and Money
- Health and Food Safety
- Human Rights
- Infrastructure and Transportation
- International Law
- Labour and Employment
- Peace and Security
- Public administration
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