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Recent Judgments

S I S v Road Accident Fund (1043/2024) [2026] ZASCA 72 (19 May 2026) High court erred by deciding unpleaded illegality of income; matter remitted to determine quantum and child’s best interests. Delict — Dependants’ claims for loss of support — Whether income from unregistered money‑lending bars dependants’ claim Constitutional law — Children’s best interests (s 28(2)) — Consideration required when alleged illegality affects maintenance claims (s 28) Civil procedure — Pleadings — Raising an unpleaded case at hearing constitutes ambush litigation and is impermissible — Right to a fair hearing (s 34)	19 May 2026
Kukama and Others v Baphalane Ba Ramokoka Communal Property Association and Others (M655/2022) [2026] ZANWHC 133 (18 May 2026) (Leave to Appeal) The first respondent obtained leave to appeal based on PAJA, factual-dispute, and enforceability issues presenting reasonable prospects of success. Civil procedure — Leave to appeal (superior courts act s17) — Test for leave: reasonable prospects of success or other compelling reason — Superior Courts Act s 17(1) Administrative law — PAJA review — Conflicting authority on PAJA question may constitute compelling reason for appeal Civil procedure — motion proceedings and disputes of fact — Genuine, material disputes of fact require referral for oral evidence or trial — Enforceability of orders	18 May 2026
Nkayishana Trading (Pty) Limited and Another v Standard Bank of South Africa Limited (15334/2024P) [2026] ZAKZPHC 40 (15 May 2026) Court removed bar for a two‑day late plea, allowed filing of plea, and ordered punitive attorney‑and‑client costs. Civil procedure — Condonation — Late replication and upliftment of bar — Good cause requires a reasonable explanation, bona fide defence and bona fides; attorney-and-client costs justified for inadequate affidavits and poor conduct	15 May 2026
Strümpfer Investments (Pty) Ltd t/a Kays Caravan Park v Van Vuuren and Others (2025-173705) [2026] ZAWCHC 121 (14 May 2026) An equivocal termination letter failing CPA notice requirements invalidated purported summary cancellation; eviction application dismissed. Land law — Lease — Termination — Equivocal termination letters — Consumer Protection Act s 14(2)(b)(ii) notice to rectify Civil procedure — Eviction/Lease — Equivocal termination letters — Requirement that termination notice be clear, unconditional and unequivocal — Determination on affidavits — Bona fide dispute of fact and Plascon‑Evans principle — Belated factual averments by unrepresented respondents	14 May 2026
Lightmap (Pty) Ltd v Cybersmart (Pty) Ltd and Others (2025-209746) [2026] ZAWCHC 119 (14 May 2026) Minority shareholder granted interim interdict to restrain disposal and JV unwind pending determination whether they are reserved matters. Company law — Minority shareholder protection — Reserved matters under MOI/SHA — Whether sale of a substantial division constitutes sale of the company's business — Companies Act s 163 Civil procedure — Interim interdict — Requirements (prima facie right, irreparable harm, balance of convenience) — Preservation of status quo pending final determination	14 May 2026
Bryant NO v Delport and Others (23200/2023) [2026] ZAWCHC 118 (13 May 2026) Executrix recovered sale proceeds and unpaid loan: transfer lacked lawful cause, condictio sine causa established. Civil law — Condictio sine causa — Whether transfer of sale proceeds to purchaser’s account had a justifiable cause — Evidence and application proceedings Civil procedure — Application proceedings — Disputed facts on the papers (Plascon‑Evans) — When objective analysis suffices to determine enrichment claims	13 May 2026
D J K v T M F K (2026-024496) [2026] ZAWCHC 117 (13 May 2026) A pendente lite maintenance order requiring payment of "all educational costs" includes tertiary (university) fees. Family law — Maintenance pendente lite — Interpretation of court orders in their factual matrix to determine purpose and scope — Application of Endumeni principles	13 May 2026
Nhunge v Road Accident Fund (9105/2023) [2026] ZAWCHC 116 (13 May 2026) Fund’s failure to decide RAF4 reports within 90 days justified compulsion and attorney‑and‑client costs. Administrative law — Road Accident Fund serious‑injury election — Serious‑injury assessment and appeal tribunal powers — Road Accident Fund — Lodgement requirements (s 24; RAF1) — Substantial compliance suffices; Board Notice 271 of 2022 invalid Civil procedure — Mandatory relief (final interdict/mandamus) — Failure to act may be compelled in motion proceedings; procedural form not fatal	13 May 2026
Sithole v Public Service Commission and Others (13301/2020) [2026] ZAWCHC 115 (13 May 2026) Non‑binding PSC investigatory report into parliamentary personnel was not reviewable; application dismissed as moot and delayed. Administrative law — Reviewability of investigatory reports — Whether an investigative Report is a 'record of proceedings' or a reviewable decision — Constitution s196(4)(f) Constitutional law — Separation of powers — Judicial restraint in intervening in parliamentary internal procedures — Constitution s196(4)(f)	13 May 2026
J B v S (1491/2024) [2026] ZASCA 71 (13 May 2026) Medical proof is required before an accused's HIV-status may be used as an aggravating factor justifying life imprisonment. Appellate practice — Admission of subsequent evidence on appeal — Exceptional circumstances required to reopen evidence on appeal — Superior Courts Act s 19(b) Criminal law — Minimum sentencing — HIV-status as aggravating factor — s 51(1) Criminal Law Amendment Act 105 of 1997	13 May 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
Petroleum Pipelines Act Rules, 2026	Government Notice 7464 of 2026	15 May 2026
Cancellation of an authorised dealer in foreign exchange, 2026 Finance and Money	General Notice 3938 of 2026	15 May 2026
Rules in Respect of Export Agents, 2026	Board Notice 915 of 2026	15 May 2026
South African National Water Resources Infrastructure Agency SOC Limited Amendment Act, 2026	Act 6 of 2026	14 May 2026
Immigration Amendment Act, 2025 Uncommenced	Act 11 of 2025	14 May 2026
Medicines and Related Substances Act, 1965: Schedules, 2003: Amendment	Government Notice 7446 of 2026	8 May 2026
Regulations Relating to the Names that May Not Be Used in Relations to the Profession of Physiotherapy, 2026	Government Notice 7448 of 2026	8 May 2026
Regulations Relating to the Registration of Dental Laboratories and Related Matters: Amendment, 2026	Government Notice 7443 of 2026	8 May 2026

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Recent Gazettes

Eastern Cape Provincial Gazette dated 2026-05-18 number 5644	18 May 2026
Northern Cape Provincial Gazette dated 2026-05-18 number 2875	18 May 2026
South Africa Government Gazette dated 2026-05-18 number 54696	18 May 2026
South Africa Government Gazette dated 2026-05-18 number 54698	18 May 2026
South Africa Government Gazette dated 2026-05-18 number 54695	18 May 2026

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