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Recent Judgments

Realkit Investments (Pty) Ltd v Kagisano Taxi Association and Others (4623/2025; UM50/2017) [2026] ZANWHC 156 (8 June 2026) Consent order enforced: implied vacant possession of sold exclusive use, PTO characterised as licence, eviction and compensation ordered. Property law — Sale of immovable property — Occupation clause and vacant possession — Implied obligation to deliver vacant possession on sale of an exclusive right of use — Commercial eviction — PIE inapplicable to non-residential commercial entities Civil procedure — Consent Orders — Iustus error (unilateral mistake) versus misrepresentation — Rule 42(1)(a) of the Uniform Rules of Court	8 June 2026
Pretorius v Presiding Officer of Tribunal and Others (A04/2026) [2026] ZAWCHC 151 (8 June 2026) Tribunal erred in applying AMA guides and Circular 157; appellant declared 100% permanently disabled. Administrative law — Tribunals — Tribunal’s duty to give reasons and adopt an inquisitorial approach Labour law — Compensation for occupational injuries (COIDA) — Permanent disablement — Meaning of 'any work' (contextual interpretation by reference to prior work) — Assessment of disablement — Use of AMA Guides and Circular Instruction 157 (not to be mechanically applied)	8 June 2026
Hlongwane v Minister of Police (AR 483/24) [2026] ZAKZPHC 46 (5 June 2026) Non‑joinder of the private security company defeated the unlawful arrest claim; detention lawful due to prior convictions and statutory provisions. Criminal procedure — Detention and bail s 59 — Application of ss 42, 50, 59 and 60 of the Criminal Procedure Act — Detention justified where accused has prior convictions Evidence — Credibility and contradictions — Assault allegations and medico-legal corroboration (J88) — Onus and proof Delict — Unlawful arrest and detention — Non-joinder of concurrent wrongdoer — Effect on claim against the State	5 June 2026
Tau Mining Contractors (Pty) Ltd v Aveng Moolmans (Pty) Ltd and Another (2671/2024) [2026] ZANCHC 50 (5 June 2026) Leave to appeal granted because loss of an enrichment lien may constitute exceptional circumstances and irreparable harm under section 18(3). Land law — Property law — Lien/unlawful retention — Contractual and enrichment liens require proof of contractual relationship or necessary/useful expenses Civil procedure — Leave to appeal — Reasonable prospects of success under s17 — Execution pending appeal — Whether s 18(1) and (3) require exceptional circumstances and irreparable harm to implement orders pending appeal — Loss of enrichment lien through mining as exceptional circumstances/irreparable harm	5 June 2026
Swart v Gariep Systems (Pty) Ltd and Another (2026-117635) [2026] ZANCHC 49 (5 June 2026) Mandament van spolie granted to restore possession after unlawful self‑help dispossession; punitive costs awarded. Costs — Attorney-and-client costs — Whether punitive attorney-and-client costs are warranted for dishonest, fraudulent, vexatious or malicious conduct Property law — Mandament van spolie — Restoration of possession to prevent self‑help Civil procedure — Urgent applications — Condonation of non-compliance and consideration of degrees of urgency	5 June 2026
Zecha Holdings (Pty) Ltd and Another v Zecha JV Rosstech Xerox (Pty) Ltd and Others (990/2025) [2026] ZANCHC 51 (5 June 2026) Leave to appeal refused where director lacked authority and appeal had no reasonable prospects or compelling reasons. Appellate practice — Leave to appeal requires reasonable prospects of success under section 17 of the Superior Courts Act — Reasonable prospects of success and compelling reasons — Superior Courts Act s 17(1)(a)(i) and (ii) Banking law — Reliance on authorised signatories — Liability for transfers executed on instructions of authorised signatories Company law — Directors’ conflict of interest — Section 75(3) Companies Act: Sole director without all beneficial interests may not conclude agreements with related persons without shareholder approval — Companies Act s 75(3)	5 June 2026
Global Business Administrators (Pty) Ltd v Mont Blanc Finanacial Services (Pty) Ltd (2025-106040) [2026] ZAGPJHC 411 (5 June 2026) Summary judgment granted where defendant failed to prove a bona fide defence or lawful variation to the contract. Civil procedure — Summary judgment — Threshold for disclosing a bona fide triable issue and application of Maharaj/Joob Joob — Dispute of fact on contract variation requires trial	5 June 2026
Autoconnect Proprietary Limited v Kuhn (2025-148653) [2026] ZAGPJHC 409 (5 June 2026) A contractual certificate clause created prima facie proof of debt; defendant failed to rebut, so summary judgment granted with costs. Contract law — Guarantees and indemnities — Certificate clause as prima facie proof and renunciation of legal exceptions Civil procedure — Summary judgment — Threshold for disclosing a bona fide triable issue and application of Maharaj/Joob Joob — Uniform Rule 32(3)(b) — Onus of proof — Defendant must adduce transaction records or facts to rebut certificate of balance — Rule 35 (Uniform Rules of Court)	5 June 2026
Marais NO and Another v Loreto and Another (2024-119314) [2026] ZAGPJHC 410 (5 June 2026) Summary judgment refused where a bona fide defence and testamentary evidence raised genuine disputes over alleged lease and succession. Land law — Alienation of Land Act — Validity of oral agreements affecting land — Requirement of writing (Alienation of Land Act 68 of 1981) Civil procedure — Summary judgment — Intended counterclaim and disputes of fact — Rule 32(3)(b) bona fide defence requirement	5 June 2026
A V E v A T V E (nee D) (A43/2025) [2026] ZAWCHC 148 (5 June 2026) Court held it was not obliged to mero motu refer motion proceedings to oral evidence; ownership passed to the respondent on settlement. Contract law — Contract interpretation — Interpretation and suspensive conditions — Effect of settlement on ownership under express contractual resolutive condition Civil procedure — Motion proceedings — Whether matter can be decided on affidavit or requires oral evidence under Rule 6(5)(g) — Uniform Rule 6(5)(g)	5 June 2026

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Recent Legislation

Eastern Cape Liquor Regulations, 2024	Local Authority Notice 1260 of 2024	1 October 2026
Eastern Cape Liquor Regulations, 2024	Local Authority Notice 1260 of 2024	1 September 2026
2026 Amendment to the Municipal Electoral Regulations, 2000	Government Notice 7542 of 2026	29 May 2026
Events Amendment By-law, 2026		29 May 2026
Cemeteries and Crematoria By-law, 2026		29 May 2026
Plant Improvement Act Regulations, 2025: Amendment	Government Notice R7523 of 2025	29 May 2026
Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa: Amendment	Government Notice R7532 of 2026	29 May 2026
2026 Amendment to the Regulations on the Accreditation of Observers, 1999	Government Notice 7542-A of 2026	29 May 2026
Rules Regulating the Conduct of the Proceedings of the Magistrates' Courts of South Africa: Amendment	Government Notice R7530 of 2026	29 May 2026
Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa: Amendment	Government Notice R7531 of 2026	29 May 2026

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Recent Gazettes

Free State Provincial Gazette dated 2026-06-09 number 25	9 June 2026
South Africa Government Gazette dated 2026-06-08 number 54798	8 June 2026
Northern Cape Provincial Gazette dated 2026-06-08 number 2881	8 June 2026
South Africa Government Gazette dated 2026-06-08 number 54790	8 June 2026
South Africa Government Gazette dated 2026-06-08 number 54796	8 June 2026

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