Practice
News
- The Northern Cape High Court has overruled the MEC for Agriculture, holding that rhino conservation breeding facilities may be granted permits to export rhino horns. This is hailed as a breakthrough for conservation.
- New rules for the Small Claims Courts, Magistrates Courts, High Courts and SCA have been announced. If not in receipt of this, ask me for the links.
- Lawyers (and such) misbehaving and so on:
- Presiding officers:
- An acting judge and the Chief Magistrate of Pretoria were implicated in testimony at the Madlanga Commission of Enquiry. The bribe allegedly 2.5m. The judge declined an invitation to take leave.
- Presiding officers are seen as the stewards of justice: the presiding judge dealing with the alleged sexual harassment by an Eastern Cape Judge, has been taken to task for comparing women’s power to the key to a Mercedes-Benz, a male-defined frame of power and privilege.
- Garden variety:
- Colleagues’ (read advocates and attorneys) disputes may be linked to misunderstandings arising from the use of different media for instructions, rather than the old-fashioned brief and consultation. A new platform, on which professional interactions are recorded, time stamped and so on, has been created, named Auxbrief.
- An Eastern Cape attorney was caught speeding on the S. Coast and was chased down after ignoring signals to stop. The newspaper report suggested that the LPC takes disciplinary action. Interesting… does failure to react to an SAP instruction impact on one’s professional standing?
- RAF:
- Much unpleasantness has come to light after the Scopa enquiry into the RAF; the latest is that R231m was paid in performance rewards despite an adverse audit opinion, pointing out materially misstated financial statements.
- Allegedly some R40bn in finalised claims is owed by that institution.
- A recent judgement against the RAF by the Pretoria High Court, dismissing with punitive costs, an attempt to stall actions against it for payment, was hailed as a seminal judgement. Following thereon the RAF has allegedly dispersed R15bn in outstanding claims over the past six months.
- Similarly, the closure of the Sunshine Hospital, owing to financial constraints, being owed R300m by the RAF, as well as doctors and experts who have gone unpaid, has attracted much attention.
- You will recall that in March 2020 the RAF terminated its panel of attorneys, which resulted in R22.8bn having to be paid by the RAF over two years owing to default judgements and inflated claims. Additionally, two law firms were fingered for having received the lion share of the RAF’s legal spend. One will never quite know the financial result of this decision, except that it was reported that fewer claims were settled but that the average value of such settlements had gone up by 70%. Great decision for claimants!
- Whatever one says of the former RAF CEO, the man has chutzpah in spades: he has now questioned the legitimacy of the Parliamentary panel examining the RAF conduct!
- NDPP
- The retirement of the NDPP head and her comments on her term has led to a veritable news storm, comparing the position to be filled as a mission impossible. The allegations are that the NPA had been “gutted by years of political interference, leadership instability, incompetence and factionalism”! The next question is who the replacement head will be: de Vos called for a bold disrupter but expects a timid reformer. The Prez has already been criticised for appointing a legally inexperienced panel to find a new head of prosecutors. Speaking of a poisoned chalice…
- Presiding officers:
- Not only legal eagles misbehave:
- eThekwini Metro officials face imprisonment after allegedly defying court orders to reinstate a corruption investigator – more of the same, can one whisper ‘cover-up’?
- The ascension of King Misuzulu to the Zulu crown might well be challenged by Prince Simakade…another backyard brawl – yawn. At least in Shaka Zulu’s time they killed each other…
- Irba (the auditing profession regulatory Board) has been taken to task by the High Court in Johannesburg for failing to follow the provisions of its governing act on investigating a complaint against an auditor. Quis custodiet ipsos custodes?
- Speaking of Kings: The King V code on corporate governance will come into effect on 1 January 2026. This introduces a raft of refinements which include standardised disclosure, enhanced independence criteria for governing bodies, ESG, AI dealings and so on.
- The King can do no wrong? A rather disturbing note on a comment made by an ex-judge, suggesting that it might be better that Nummawan not be prosecuted, pointing to some R1tn damages when this gentleman was imprisoned, bears thinking about: the question is particularly uncomfortable given what may be described as the cost of justice.
- Liquidations: this year, to date, 1180 businesses have been liquidated. Great for liquidators but a serious strain on our economy.
- I hold an article by Meyer on pure life policies in the context of buy-and-sell contracts. Ask me for a copy.
Hard news
- Two articles by Werksmans, dealing with substance dependence and misuse, may be of interest to employers: https://werksmans.com/substance-dependence-in-the-workplace-misconduct-or-incapacity/ and https://werksmans.com/employers-beware-not-every-positive-test-warrants-a-dismissal-even-where-a-zero-tolerance-policy-is-in-place/
- Labour is really not my thing, but double jeopardy in labour law investigations might be of interest to some: https://www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Employment-Law/Downloads/Employment-Law-Alert-20-October-2025.pdf See also: https://www.saflii.org/za/cases/ZALAC/2025/40.html
- A note on trusts generally, their management and the legitimacy of their actions, may be of interest to lesser experienced practitioners: https://cilreyn.co.za/2025/09/22/when-is-a-trust-not-a-trust/
- Can one repudiate a contract and yet rely on the clauses of that contract to escape liability? https://www.derebus.org.za/repudiation-and-survival-clauses-when-contractual-protections-endure/
- Can there be a defamation claim by an employee when a legal firm is instructed to conduct an investigation bringing out a report that is adverse to that employee? https://werksmans.com/defamation-in-labour-law-manqele-v-baloyi-masango-inc-attorneys-and-others-896-2023-2025-zampmbhc-75-12-august-2025/
- If a would-be insolvent favours one creditor over others, as such benefits may be reversed: https://www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Dispute-Resolution/Downloads/Dispute-Resolution-Alert-28-0ctober-2025.pdf
- Can one orally waiver rights, when the contract contains a shifren clause? https://www.saflii.org/za/cases/ZASCA/2024/107.html
- The nature of settlement agreements is discussed in this insightful case: https://www.saflii.org/za/cases/ZASCA/2025/150.html
- Costs in a case where expropriation took place and a higher price was determined by the court: https://www.saflii.org/za/cases/ZASCA/2025/147.pdf
- Taxation of costs; a party who fails to attend taxation cannot invoke rule 17 (3) of the conduct rules: https://www.saflii.org/za/cases/ZASCA/2025/151.html
- The rectification of a lease agreement, leading to a finding of unlawful occupation: https://www.saflii.org/za/cases/ZASCA/2025/159.html
- This judgement is rare; a Land Court judgement on the ESTA mediation requirements: https://www.saflii.org/za/cases/ZALCC/2025/38.pdf
- An SCA case, not available on Saflli at the time of writing, was sent to me by West; this deals with the effect of the declaration of net value of an estate in an ANC. Ask me for a copy.
- How does one deal with an employee who dodges disciplinary hearings? I hold an article by Grogan on the issue – ask me for a copy.
- I also hold an article on shares for asset transactions in terms of section 42 by an Old Mutual employee.
Conveyancing
- The latest Registrars’ Conference Resolutions (all five of them .. are out). Ask me for a copy. West has criticism against especially 4/2025 (a lease agreement without compensation is not valid) and 5/2025 (dealing with the retrospective lodgement of a bondholder’s consent to sectionalisation).
- The Draft Land Rights Registration Bill is available on request. I also hold a comparison of this Bill with the current Act, drawn by Stowells of Pietermaritzburg. This enables one to compare the current and future/suggested wording.
- CRC 7/2025 came out some 10 days ago and is applicable immediately: how this is going to work heaven knows. Ask me for a copy.
- I hold a brief note by West on how to effect a name-change of a company in terms of the old and new companies’ acts. Ask me for a copy.
Property
Trends
- It would appear that property market is picking up, driven by the State’s (read ANC) realisation that local governments has failed, brought misery to many, and that residents (read voters) are rising against those that govern, our stock market burgeoning and a (promised) post-grey list surge in foreign investment in, amongst others, our property market, and, last but not least, low interest rates coupled with bettering consumer confidence.
- It is said that current development focus is less on ROI and more on ethical management, sustainability and equity. All of this points to a better future with better community integration and so on. This has implications for hybrid work models with buyers and renters seeking properties that offer lifestyle and logistical practicality.
- Post-covid saw a return to office work, but a BusinessTech note on the latest Pnet Job Market Trend Report held that there is a rise in remote or hybrid work. This is good news for consumers, but do read the note on home-office use in schemes below.
- Balwin, has reported an uptick in its developments under construction, showing growing confidence in the housing market.
- The PayProp Rental Index holds that South African tenants are keeping up with their rent payments better than ever before. Having said this, the note, published by IOL, reflects that demand for rental housing is strong but that some 26% of these are deemed to be high risk tenants.
News
- There is a multitude of property development projects punted and one has difficulty in extracting broader trends from these: consider The Hive in Rosebank, Paarl (median property prices have doubled), the Cape Winelands Airport, Zimbali, the Beechwood Coastal Estate on our North Coast and KZN being punted as our next property powerhouse – the Premier having launched a bold plan to revive small towns including Newcastle, Pietermaritzburg and Kokstad. The private developments one understands. Those launched by our government I would treat with scepticism, as what is said and done in this province is often disparate.
- Our certainties are death and taxes…a recent note from Codera shows that property tax and transfer duties have not grown much, relative to house prices of late: https://www.linkedin.com/posts/daan-steenkamp-48a42520_todays-codera-analytics-post-shows-that-activity-7386264990820945920-Jo-b/
- The Equities Property Fund is in the process of exiting its UK operations and will focus on its home market in South Africa.
Legal news
- I had noted above that work from home appears to be picking up again; the following article holds that “quiet” work, conducted within a complex is typically tolerated by bodies corporate, but when these start bleeding out into common areas, perpetrators will probably pick up a problem.
- Do levies prescribe? Yes, but if you buy on auction and pick up responsibility for outstanding levies, you will not be entitled to plead this: https://www.derebus.org.za/homeowners-associations-and-bodies-corporate-the-prescription-of-levies-the-case-law/
- Until body corporate claims prescribe, a body corporate could well follow the following steps to recover, in order to protect the remaining members within its scheme: https://dailyinvestor.com/property/106721/warning-for-south-africans-who-own-property-in-complexes-and-estates/
- And lastly, Johannesburg is again in the news for having lost another two High Court cases owing to incorrect billing; yawn!
Comment
South African economic growth has been much in the news of late with our Reserve Bank recommending a 3% inflation rate target and so on. A somewhat surprising statistic, published by Codera, holds Eastern Cape is the only South African province that has experience per capita growth in inflation adjusted GDP since 2013. This greatly surprised me, as that Province has struggled financially for many years. On a closer reading, it appears that slow population growth (caused by out-migration) and not real economic growth, has resulted in this statistic. This result is rather depressing as that Province is, bluntly put, backward.
Lighten up
The phrase above; the King can do no wrong tempted me to delve into our current demoted UK Prince debacle: however, SWMBO persuaded me not to dance on the grave of another. So, this led me to random wise sayings such as Marcus Aurelius:
The happiness of your life depends upon the quality of your thoughts: therefore, guard accordingly, and take care that you entertain no notions unsuitable to virtue and unreasonable nature.
Very noble and so on but much less fun than Groucho Marx:
I refuse to join any club that would have me as a member.
