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Snippet 1 – 2026

by | Apr 8, 2026 | Conveyancing, Practice, Property, Snippet | 0 comments

Practice

News

  • Hardened newsmakers:
    • NPA: the SIU head, Adv Mothibi was appointed by the Prez after he rejected the six proffered potential appointees as unsuitable; good luck to him!
    • The NPA reportedly paid a lot of money to the former Hawks’ boss, in settlement of it having prosecuted without cause. Eina! I confess to being curious who attempted the prosecution in the first place and whether that worthy is still with the NPA?
  • A PIC executive sought to silence a whistleblower, which case, thankfully, was silenced by the Randburg Magistrates’ Court.

Property

Trends

  • A Codera graph summarises residential property price trends from 2010, after inflation – pragmatically all Metro prices are down, save that of Cape Town, which is up by 19%:
  • As is customary over the festive season, broad statements were (in this case by Broll Auctions) issued, in this case, promising strong growth in our residential property market for this year. Its blurb held that the market had stabilised last year and that we are poised for an uptick, led by the industrial sector. Factually, much of the promised growth has, to yet, become apparent!
  • In the case of residential rentals, it is said that there is a shortage of some 4.5 -5.5% in available rentals, which drives rental escalations, described, quite fancifully, as a persistent shortage. This should result in fewer vacancies and a rise in residential rents. I especially loved the advice: “…property investors should adopt a strategic, risk-mitigating approach, focused on adaptation and resilience!” Voila – whatever that means!

PRACTICE

News

  • The Gauteng High Court, in Pretoria, has ruled that the 2024/25 electricity tariffs for Johannesburg, Ekurhuleni and Msunduzi municipalities be set aside – the court ordered that overcharged customers should be refunded. The fact is that these entities and Nersa has hardly done us proud.
  • A somewhat hoary chestnut popped up in the news again – a heavyweight banker opined that some 17 million South Africans live on communal land and that their lack of title deeds needed to be addressed. Without a title one has little security and inheritance and sales can be a problem. Whilst the tribal land-owning system might be convenient and harks back to the good old days, it hardly fits into a modern society as, more than anything, no one really takes responsibility for proper planning, the imposition of standards for safety’s sake and so on.
  • The following judgement is very important for all practitioners to note: the Supreme Court of Appeal has ruled that banks can be held jointly liable with dealerships when financed cars turns out to be defective. I have not yet been able to find this judgement on SAFLII.
  • The following website provides a business loan calculator with amortisation: https://www.sage.com/en-za/blog/business-loan-calculator/
  • Dreadlocks – what happens when your dress code and grooming practice rules forbid such hairstyles? https://www.phinc.co.za/Our-Insights/ArticleDetail/Title/Culture-vs-style-When-workplace-dress-codes-cross-the-line-?
  • Werksmans published a note on the fact that the Gauteng Division of the High Court has resolved to pilot a dedicated insolvency Court in the Pretoria High Court.
  • Potholes: https://www.moneyweb.co.za/news/south-africa/mec-to-pay-80-of-damages-of-soldier-injured-after-hitting-a-pothole/
  • To what extent is the Department of Justice responsible for safety outside courts? This issue has come up owing to a shooting outside the Booysens Magistrate’s Court where a practitioner and another were killed last week.
  • What rights does a creditor have when a business rescue plan is rejected? In essence, the failure of such an application does not automatically terminate the business rescue proceedings, but adjourns the meeting at which the business rescue plan was rejected: https://www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2026/South-Africa/Corporate-Debt/Downloads/Combined-Corporate-Debt-Turnaround-Restructuring-Dispute-Resolution-21-January-2025.pdf
  • Another well-publicised judgement, from the ConCourt, held that a customary and civil marriage are equal in the sense that if the parties wish to conclude an ANC, this must be done before marriage. This is very important, especially when multiple marriages will be entered into – for which a court order is required. It also means that no mid-marriage changes to the existing property regime between parties may be entered into without a court order.
  • Finally and unpleasantly, statistics published by African Law Matters shows that our apex court took an average of 214 days to hand down judgements.

Hard news

  • The following case was extensively reported upon in the newspapers, saying that one may not be arrested without a warrant of arrest for a traffic offence: https://www.saflii.org/za/cases/ZAWCHC/2026/4.html
  • For those interested in arbitration, the following may prove instructive: https://www.saflii.org/za/cases/ZAKZDHC/2025/81.html
  • A mandament van spolie application restores undisturbed possession unconditionally: can this be applied mechanically with indifference to human dignity? The Western High Court held that a court retains a narrow discretion to structure the manner of restoration in such a way that avoids immediate and irreparable hardship, particularly to children: https://www.saflii.org/za/cases/ZAWCHC/2026/3.html
  • The following judgement, on accrual in divorce proceedings, is instructive in that it deals with a spouse’s eviction and the disposal of assets by a spouse: https://www.saflii.org/za/cases/ZASCA/2026/1.html
  • An injury to an employee who ceases that day’s employment and is injured on his way out, but still within the employer’s premises, should be compensated in terms of the Compensation Fund: https://www.saflii.org/za/cases/ZAGPPHC/2025/1328.html

Conveyancing

  • I was told by an acting Registrar of Deeds that the Deeds Office intends introducing a pilot registration in April for solo deeds. Presumably, the enthusiasm with which the EDRS project is being driven at the moment is to accommodate this intent. Having sat through three very painful days in this session, I can report that the registration of conveyancers is slow, painful, and somewhat illogical. These are issues which had plagued the initial attempt launched in April a year ago. The Deeds Office abandoned the then created platform completely and relaunched. It was a dog show then and is marginally less so now. The site simply does not always function – not a good indicator of what is to come.
  • Buffalo City has built fewer than 4000 residential buildings in the past 10 years.
  • If a High Court orders the termination of joint ownership of a property, does that amount to an eviction contrary to PIE? https://www.phinc.co.za/Our-Insights/ArticleDetail/Title/Termination-of-joint-ownership-rights-in-question-PIE-Act-explained?
  • The Ekurhuleni Municipality had, in 2019, expropriated 34 ha in Boksburg without compensation and, when challenged, sought to reverse that expropriation. The problem, of course, is damages suffered by the owner, whilst the municipality dithered. On reading the news report, it is clear that the municipality had not acted according to any reasonable standard. https://www.news24.com/citypress/politics/metro-backtracks-on-attempt-to-expropriate-without-compensation-20260120-0769?
  • The following Supreme Court of Appeal judgement deals with the powers and duties of an adjudicator to a dispute – worth a read: https://www.saflii.org/za/cases/ZASCA/2026/3.html

Lighten up

  • I visited a diabetes website. The first thing they ask me is “would I accept cookies?” I thought that was kind of cruel.
  • HR manager: “What about that latest Engineering intern?”

CTO: “He is a fugitive from the bell curve.”