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Recent Judgments

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Prescription ran from the date of arrest for unlawful arrest and search; detention yields daily debts recoverable for the last three years.
  • Delict
    • — Malicious prosecution — elements (instigation, reasonable and probable cause, malice, failure) and requirement to prove malice — Onus to prove absence of reasonable and probable cause and malice
    • — prescription — Commencement and three‑year prescription period under the Prescription Act — Prescription Act ss 11
    • — Wrongful arrest and detention — Continuing wrong — Daily debts accrue and prescribe separately
17 July 2026
Joinder orders rescinded for defective service; condonation granted for non‑compliance with section 3 of the Institution of Legal Proceedings Act.
  • Delict — Employer liability/COIDA — Whether COIDA (s 35) bars a common-law claim and prima facie prospects of success
  • Civil procedure
    • — Condonation — Condonation of non-compliance with section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act — s 3(2)(a) and s 3(4)(b)
    • — Rule 42(1)(a) and Common-Law Rescission — Rescission for judgments erroneously granted in absence
17 July 2026
Leave to appeal refused for lack of reasonable prospects against convictions and prescribed‑sentence life imprisonment.
  • Criminal law — Minimum sentencing — Whether substantial and compelling circumstances justify departure from prescribed minimum sentences — Criminal Law Amendment Act s 51(1)
17 July 2026
Whether substantial and compelling circumstances justified deviating from mandatory life imprisonment for a domestic-relationship murder.
  • Criminal law — Minimum sentencing — Whether substantial and compelling circumstances justify departure from prescribed minimum sentences — Criminal Law Amendment Act s 51(1)
17 July 2026
Court refused to enforce a post‑termination restraint absent written agreement or proof of implied/tacit/quasi‑mutual consent.
  • Labour law — Restraint of trade — enforceability and reasonableness of post‑employment restraints — Application of bystander/business-efficacy, Joel Melamed and reliance (quasi-mutual consent) tests
17 July 2026
Arrest under s40(1)(b) lawful where reasonable suspicion exists; detention until first appearance lawful absent supervening circumstances.
  • Criminal procedure — Arrest without warrant (s 40(1)(b)) — Requirement of objectively reasonable suspicion (Criminal Procedure Act s 40(1)(b)) — Complainant identification and preliminary investigations as sufficient basis
  • Delict — Lawfulness of detention between arrest and first court appearance — Police duty to justify continued detention pending court presentation — Criminal Procedure Act s 50(1)
17 July 2026
Applicant failed to prove civil contempt; committal refused for lack of wilful and mala fide disobedience.
  • Civil procedure
    • — Contempt of court — Willful non-compliance and requirement to raise reasonable doubt as to wilfulness/mala fides
    • — Motion proceedings — Application of Plascon-Evans and requirement for oral evidence where material disputes of fact exist
    • — Urgent applications — Requirement for demonstrable urgency and compliance with Rule 6(12)
15 July 2026
Whether an oral R450,000 loan was proved and judgment granted where the respondent evaded service and failed to rebut documentary evidence.
  • Contract law — Loan agreements — Oral loan agreement — Corroboration by documentary evidence
  • Evidence — Single‑witness evidence and corroboration — Banking records and electronic communications supporting single-witness testimony
  • Civil procedure — Service of process — Proceeding in absence where defendant deliberately evades service
15 July 2026
Whether an accused validly waived legal representation and whether absence of counsel rendered the trial unfair.
  • Criminal law — Fair trial — Unrepresented accused — Constitution s35(3)
14 July 2026
High Court may grant bail pending appeal once leave to appeal is granted if the interests of justice permit.
  • Criminal procedure — Bail pending appeal — Jurisdiction of High Court where convicted person has obtained leave to appeal — Interests of justice and s 60 considerations — Criminal Procedure Act ss 304, 309, 60
14 July 2026
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Recent Legislation

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Local Authority Notice 1260 of 2024 1 October 2026
Local Authority Notice 1260 of 2024 1 September 2026
Citizenship and Immigration
Government Notice 7714 of 2026 17 July 2026
Act 10 of 2026 16 July 2026
Act 3 of 2026 16 July 2026
Act 1 of 2026 13 July 2026
Human Rights
Government Notice 7681 of 2026 10 July 2026
Finance and Money · Public administration
8 July 2026
Act 9 of 2026 3 July 2026
Dispute Resolution and Mediation · Environment, Climate and Wildlife
Government Notice R740 of 2010 3 July 2026
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