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Recent Judgments

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An adjudicator’s determination is unenforceable when it decides claims that were never properly referred to him.
  • Construction law  —  Adjudication
    • — Jurisdiction of adjudicator to decide only matters referred in notices of adjudication — Scope of JBCC clause 30 and notice requirements
    • — Introduction of new claims in referral submission — Referral submission cannot enlarge the notice of adjudication
  • Civil procedure
    • — Enforcement — Default response and acquiescence — No conferral of jurisdiction by a defendant's default
    • — Severance — Excess jurisdiction not severable where a single unallocated award underpins monetary relief
5 August 2026
A successor landlord may obtain summary ejectment under Rule 32 despite disputes about historical cession and rental accounting.
  • Consumer law — National Credit Act — Applicability of the National Credit Act — Application to ordinary commercial leases (section 8(2)(b) / section 129)
  • Property law — Lease — Huur gaat voor koop — Successor landlord’s right to enforce lease and seek ejectment
  • Civil procedure
    • — Lis pendens / Concurrent proceedings — Whether parallel proceedings or disputed cession bar ejectment
    • — Summary judgment — Uniform Rule 32 (amended) — Ejectment
5 August 2026
Defendant liable for wasted postponement costs; attorney-and-client costs refused as State Attorney’s conduct was dilatory but not reprehensible.
  • Civil procedure — Costs — Postponement — Attorney-and-client costs reserved for vexatious or reprehensible conduct
5 August 2026
The Premier unlawfully failed to decide on recognition of the applicant as Kgosi; the matter is remitted for decision within 30 days.
  • Administrative law — Review of non‑decision — PAJA s6(2)(g) and principle of legality — Remittal to Administrator to Take Decision
  • Customary law — recognition and appointment of traditional leader — Requirement of identification by the umndeni and Premier’s recognition (s19 Governance Act) — Premier's Recognition Obligations under s18 Free State Traditional Leadership and Governance Act
5 August 2026
Court upheld a written suretyship and condoned foreign affidavit defects, awarding R17.6m plus interest and costs.
  • Contract law
    • — Acknowledgement of debt — Enforceability of acknowledgement of debt and limits on interest (in duplum/usury)
    • — Suretyship/co‑principal debtor — Formal requirements for validity — General Law Amendment Act s 6
  • Civil procedure — Affidavit formalities — Substantial compliance with attestation requirements and harmless omissions — Justices of the Peace and Commissioner of Oaths Act s 8
4 August 2026
Court dismissed both costs applications, admitting an expert report and finding respondent's withdrawal reasonable due to applicant's lack of transparency.
  • Consumer law — Remedies under section 56(2) — Repair, replacement or refund within six months
  • Evidence — Expert reports and hearsay — Admissibility and weight of discovered expert reports where author not called (Rautini)
  • Civil procedure
    • — Pleadings — Strike-out — Striking out new, irrelevant or vexatious matter in replying affidavit (Rule 6(15))
    • — Withdrawal and costs — Application of Uniform Rule 41(1)(c) where no tender of costs is made upon withdrawal
4 August 2026
Whether antenatal chorioamnionitis, not negligent intrapartum care, was the probable cause of the child’s brain injury.
  • Delict — Medical negligence — Causation: hypoxic‑ischaemic brain injury — Evaluation of expert evidence and placental histology
4 August 2026
Applicant not entitled to bank statement copies; court ordered confidential judicial inspection and made Panel costs respondent’s liability.
  • Civil procedure — Inherent jurisdiction — Judicial inspection of financial records to ensure orderly election implementation — Variation of directive re Panel’s remuneration and expenses
4 August 2026
Condonation refused where claim against organ of state had prescribed because the s 3 notice did not interrupt prescription.
  • Civil procedure — Institution of Legal Proceedings against Certain Organs of State Act — Notice requirement and condonation — Peremptory notice requirement and condonation
3 August 2026
Application to compel a preliminary expert report dismissed; report protected by litigation privilege and costs awarded on Scale B.
  • Civil procedure
    • — Discovery — Legal professional privilege — Dominant purpose test and documents prepared in contemplation of litigation
    • — Expert evidence
    • — Locus Standi  —  Authority to institute proceedings
      • — Attorney acting for insurer may depose to facts within personal knowledge
      • — insurer involvement collateral
3 August 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
Act 1 of 2026 3 August 2026
Act 2 of 2025 3 August 2026
Proclamation 5 of 2026 31 July 2026
Board Notice 967 of 2026 31 July 2026
Business, Trade and Industry · Energy and Natural Resources · Environment, Climate and Wildlife · Finance and Money
Government Notice 7750 of 2026 31 July 2026
Government Notice 7754 of 2026 31 July 2026
Act 1 of 2026 31 July 2026
Government Notice 7751 of 2026 31 July 2026
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