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Recent Judgments
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Applicant failed to prove exceptional circumstances under s60(11)(a); appeal against bail refusal dismissed.
Criminal procedure – Bail – Schedule 6 offences – s60(11)(a) onus on accused to prove exceptional circumstances – s60(14) police docket confidentiality and court’s discretion to order disclosure – s60(2)(c)/60(3) discretionary calling/ordering of evidence – s60(9) balancing of accused’s liberty against interests of justice – appellate review of wide judicial discretion.
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10 February 2026 |
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Whether the municipality failed its constitutional duty to prevent sewage pollution and which remedial orders are appropriate.
Environmental and administrative law — municipal duty to maintain water and sanitation infrastructure — intergovernmental co-operation and separation of powers — procedural particularity in constitutional relief (PAJA/Rule 53) — costs in constitutional litigation where claims are vexatious.
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9 February 2026 |
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Prior dismissal for insufficiency of proof does not bar new PIE eviction; verbal ‘sweat equity’ cannot transfer land.
Property law – Eviction under PIE Act – res judicata – continued occupation constitutes new cause of action; Alienation of Land Act – written deed required to transfer immovable property; registered owner’s vindicatory rights – just and equitable inquiry under s 4(7) PIE; costs on Magistrates’ Court scale.
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9 February 2026 |
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Applicant’s statutory biosecurity duties justified an interdict regulating livestock movement across its farm despite respondents’ historical access.
Animal Diseases Act – biosecurity and movement controls – Control Measures for cloven-hoof animals – interim interdict – regulation of livestock movement across private farm – balancing statutory disease-control duties against historical access.
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9 February 2026 |
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Court appointed interim curatrix ad personam, ordered disclosure and delivery of patient, and interdicted obstruction and threats.
Guardianship/curator bonis – interdictory relief to compel disclosure and prevent obstruction – best interests of an adult with intellectual disability paramount – appointment of interim curatrix ad personam – threats and unlawful practice by unregistered representative – stay pending rescission unsustainable without counter‑application – costs on attorney and client scale.
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9 February 2026 |
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Respondent’s decision to withhold funding for child-protection NPOs was unlawful; court ordered SLAs and designation certificates within ten days.
Administrative law – review under PAJA and section 33 of the Constitution – reasonableness and procedural fairness; Children’s rights (section 28) – state duty to provide/procure child-protection services; Urgency – imminent prejudice to vulnerable children; Section 107 Children’s Act – designation certificates; Service-level agreements – funding and shared responsibility; Remedies – setting aside decision and substitution/directive relief; Costs including senior counsel.
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9 February 2026 |
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Affixing process at a domicilium does not satisfy amended Rule 4(1)(a)(iv); default judgments refused for inadequate service.
Civil procedure — Service of process — Uniform Rule 4(1)(a)(iv) (substituted 27 Dec 2024) — domicilium citandi — delivery to person 16+ preferred; sheriff may leave copy if no person present — affixing not encompassed by subrule (iv) — sheriff's return must give detailed account — default judgment refused where service inadequately proved.
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6 February 2026 |
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Applicant failed to prove exceptional circumstances or irreparable harm to enforce spoliation order pending appeal under s18(3).
Spoliation – Enforcement pending appeal – Superior Courts Act s18(1),(3) – Requirement to prove exceptional circumstances and irreparable harm – Irreparable harm assessed factually and may be subsumed into exceptional-circumstances inquiry – Condonation for late affidavit – Costs (scale C, two counsel).
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6 February 2026 |
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Matlala v Sol Plaatje Local Municipality and Others (2026-011073) [2026] ZANCHC 14 (6 February 2026)
Execution of reinstatement order pending appeal granted due to exceptional circumstances and irreparable harm.
Superior Courts Act s18 – execution pending appeal – exceptional circumstances and irreparable harm required; non‑compliance with Local Government Disciplinary Regulation 6(2) – suspension of municipal manager; substantial compliance doctrine; personal costs order against office‑bearers.
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6 February 2026 |
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Leave to appeal granted on multiple grounds including possession, territorial extent, MPRDA conflict and exercise of discretion in spoliation relief.
Civil procedure – leave to appeal (s 17, Superior Courts Act) – mandament van spolie – elements of possession (physical and animus) – territorial definition by aerial annexure – interaction between mandament van spolie and MPRDA (s 54) – liens – exercise of judicial discretion in urgent spoliation relief – mootness/standing where contracting party changed.
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6 February 2026 |
Recent Legislation
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Labour and Employment
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Act 9 of 2018 | 1 March 2026 |
| Board Notice 880 of 2026 | 10 February 2026 | |
| Government Notice 7091 of 2026 | 6 February 2026 | |
| Government Notice 7105 of 2026 | 6 February 2026 | |
| Government Notice R7101 of 2026 | 6 February 2026 | |
| Government Notice R7102 of 2026 | 6 February 2026 | |
| Government Notice R7083 of 2026 | 3 February 2026 | |
| Board Notice 874 of 2026 | 30 January 2026 | |
| Government Notice 7052 of 2026 | 30 January 2026 | |
| Proclamation 308 of 2026 | 30 January 2026 |
Recent Gazettes
| 10 February 2026 | |
| 10 February 2026 | |
| 10 February 2026 | |
| 10 February 2026 | |
| 10 February 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
- Natal Provincial Division
- 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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