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Recent Judgments
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Leave to appeal refused where the applicant’s contractual claim lacked factual proof of agreement, authority, and price.
Civil procedure — leave to appeal under s 17 Superior Courts Act — higher threshold: appeal must 'would' have reasonable prospects; Contract — month-to-month services — need to prove conclusion, parties, authority, terms and price; Administrative law — Oudekraal principle inapplicable without identifiable administrative act; Municipal finance — MFMA and supply-chain policy arguments require factual foundation; Evidence — pleaded but unproved facts cannot found appeal; Constitutional right to fair hearing (s 34) not breached where core submissions were considered
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10 April 2026 |
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A state-owned company is not an "organ of state" under the Act; Treasury is not liable for its debts.
Statutory interpretation — Institution of Legal Proceedings against certain Organs of State Act 40 of 2002 — meaning of "in terms of the Constitution" in s1(1)(c) — narrow construction; 'certain organs of state' a limited, closed list; s1(1)(g) — National Treasury not liable for state-owned entity’s debts; notice under s3 not required
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9 April 2026 |
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A joint venture may qualify for diesel levy refunds where ministerial authorisation substantively incorporates the joint venture.
Customs and Excise Act – Diesel refund scheme – Interpretation of Note 6(f)(ii)(cc) – meaning of 'person in possession of the necessary authorisation' – joint venture as substantive authorised user; Note 5 discretion to pay refunds to third parties on good cause shown; internal appeal jurisdiction – NAC cannot introduce new grounds or increase original quantum; administrative-law duty to consider discretionary relief
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9 April 2026 |
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Whether a resident named as beneficiary under the owner’s will has a direct and substantial interest to intervene in eviction proceedings.
Eviction — Intervention — Rule 10 — Direct and substantial interest — Occupation with owner’s consent — Beneficiary in will — Joinder required in eviction proceedings — Postponement for further affidavits — Costs in main application
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9 April 2026 |
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Municipality unlawfully reclassified and overbilled property; court ratified applicant’s recalculation and awarded attorney-and-client costs.
Municipal law – SPLUMA/MPRA/MSA – zoning and rates – reclassification ultra vires if effected outside statutory procedures; PAJA – procedural fairness required; court orders binding and enforceable; supervisory jurisdiction to ratify applicant’s account computation where municipality persistently disobeys order; costs on attorney-and-client scale
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9 April 2026 |
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Eviction application dismissed: fatal PIE non-compliance and ESTA’s ouster of High Court jurisdiction, despite bona fide purchaser improvements.
Eviction — PIE Act s14(2) notice requirement — non-joinder of affected family members — ESTA applies to farm occupiers and vests exclusive jurisdiction in the Land Court — bona fide purchaser/possessor lien for improvements
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8 April 2026 |
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Urgent structural interdict ordered to compel the Department to remedy unsafe school infrastructure while learners remain in place.
Constitutional right to basic education; School governance — admission and language policy limits; urgency; interim and structural interdicts; cooperative governance and remedial obligations on the state to provide infrastructure and resources
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8 April 2026 |
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Contingent beneficiaries had standing; no valid six‑month decision to extend was shown, so distribution occurred on 22 January 2022.
Law of trusts — Beneficiary standing: acceptance of contingent/discretionary benefits confers enforceable rights and locus standi; Trust interpretation — clause 12.1 requires a composite decision (postpone and fix new date) within six months of founder’s death; Trustee authority — only authorised trustee may make the time‑bound decision; Declaratory relief — appropriate where live controversy exists; Costs — paid from trust estate absent mala fides by trustees
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8 April 2026 |
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Court compels production of unredacted IMAs under a confidentiality regime (excluding an R5m penalty), grants leave to appeal, and suspends the interdict pending appeal.
'Rule 35(12)/30A — production of documents — confidentiality — disclosure is the rule; reasonable confidentiality conditions required; penalty clause held disproportionate.'; 'Procedure — conditional answering affidavit vs Rule 30A — pending production a court should consider postponement or extension, not automatic disregard.'; 'Appeal — prohibition of in‑term appeals may infringe s 34; leave to appeal granted; direct appeal to SCA.'; 's 18 Superior Courts Act — suspension of interlocutory interdict where applicants show irreparable harm and exceptional circumstances; capital ring‑fenced supports suspension.'
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8 April 2026 |
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Whether the applicant’s claim for re-transfer under a reversionary clause is a “debt” subject to three-year extinctive prescription.
Prescription — reversionary clause in sale of land — claim to enforce re-transfer constitutes a “debt” — debt becomes due on expiry of performance period — section 11(d) three-year prescription applies — discretionary ‘option’ does not avoid prescription; authorities: eThekwini v Mounthaven; Bondev Midrand
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7 April 2026 |
Recent Legislation
| Local Authority Notice 1260 of 2024 | 1 September 2026 | |
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Communications and Media
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Infrastructure and Transportation
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General Notice 3879 of 2026 | 9 April 2026 |
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Uncommenced
Communications and Media
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Infrastructure and Transportation
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General Notice 3878 of 2026 | 9 April 2026 |
| Government Notice 7352 of 2026 | 8 April 2026 | |
| Government Notice R7351 of 2026 | 2 April 2026 | |
| General Notice 3867 of 2026 | 2 April 2026 | |
| Act 4 of 2026 | 1 April 2026 | |
| Act 3 of 2026 | 1 April 2026 | |
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Uncommenced
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Act 8 of 2025 | 1 April 2026 |
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Uncommenced
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Act 7 of 2025 | 1 April 2026 |
Recent Gazettes
| 13 November 2026 | |
| 10 April 2026 | |
| 10 April 2026 | |
| 10 April 2026 | |
| 10 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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