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Recent Judgments

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
2 April 2026
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
1 April 2026
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
1 April 2026
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
1 April 2026
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
1 April 2026
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
1 April 2026
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
31 March 2026
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
31 March 2026
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
31 March 2026
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
30 March 2026
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Recent Legislation

Finance and Money
Government Notice 7289 of 2026 23 March 2026
General Notice 202 of 2026 23 March 2026
Environment, Climate and Wildlife · Health and Food Safety · Labour and Employment
Government Notice 7292 of 2026 20 March 2026
Labour and Employment
Government Notice 7253 of 2026 20 March 2026
Labour and Employment
Government Notice 7256 of 2026 20 March 2026
Labour and Employment
Government Notice 7255 of 2026 20 March 2026
Environment, Climate and Wildlife · Health and Food Safety · Labour and Employment
Government Notice 7252 of 2026 20 March 2026
Labour and Employment
Government Notice 7261 of 2026 20 March 2026
Labour and Employment
Government Notice 7262 of 2026 20 March 2026
Labour and Employment
Government Notice 7279 of 2026 20 March 2026
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