Practice
News
- A recent news report on cyber fraud noted that some 100,000 South African accounts had been hacked in the past year and R1.9 billion stolen. A part of the problem is prosecution and getting banks to disclose where the money went to; only some 500 such cases had been prosecuted in the past year. It is said that banks aggressively attempt to shift the blame for hacking to the client. So, what is the responsibility of a bank in this respect? Listen (in Afrikaans): https://open.spotify.com/episode/1ntCDnOc0ZXZyT3w9cCpJ2, also
- The dysfunction in our judicial system, has increasingly attracted public notice – The Citizen reported that only one in five South Africans believe that our courts are not corrupt.
- Inseta (the insurance sector education and training authority) was taken to the cleaners by the Graduate Institute of Financial Sciences, after that seta had withdrawn its accreditation of the Institute. The loss amounted to R200m.
- Lawyers misbehaving!
- This is not really news, but I could not resist, as our disbarred Pretoria attorney, Peet Viljoen, had reportedly been referred by his spouse as being the most honest lawyer to ever come out of Pretoria…for a moment one could almost, considering some of our colleagues, believe this to be true!
- The RAF, our evergreen source of news and, given what follows and what has gone before, a remarkable record of our Transport Minister’s misplaced trust:
- Mr Letsoalo (ex-CEO) will reportedly be summoned to account to Scopa, after having ignored repeated invitations to attend.
- This same gentleman reportedly used bodyguards for farmwork and social visits!
- The current CEO said that the fund should continue using its preferred accounting policy – of course, the use of another system will reflect badly on management which result presumably would not go down well.
- The latest hoo-ha revolves around the accounting system used by the RAF – if it uses its previous accounting standard, then its liabilities will increase by R400bn…yes, you read correctly, billion!
- An SIU investigation found that the RAF had defied a court order and spent R800m regularly – and these actions were protected by members of its board, despite recommendations of disciplinary actions against the person involved.
- Some 170,000 valid RAF claims were reportedly rejected because of the fund’s use of the unlawful RAF 1 Form; of these claims, some 50,000 are in danger of prescribing.
- The RAF Board has suspended its acting CEO, saying that these precautionary measures do not in any way constitute a finding of wrongdoing, but are intended to ensure the integrity and transparency of the investigative process. Of course!
- MonyWeb reported that more than 100 legal practitioners had been struck off the roll this year: I scratched around a bit, and it appears that the number of practitioners struck off is typically less than 1% annually. But then, the LPC is hardly quick off the mark at any time.
- Treasury is going to challenge the SIU finding of wrongdoing, by Treasury, linked to the R800m update of the state’s outdated IT system, which is still not functional. We are all aware that the state is woefully behind in IT – if my recollection holds, government departments had been authorised, some time ago, to do their own thing IT speaking, which really is not the way to go, for obvious reasons. But wait, there’s more: there is good reason to believe that a host of government services, from driving licence applications and student financial aid to social grants, will soon be available on a single platform on your phone in SA… Well, at least that’s the plan!
- SARS won a High Court judgement for R5.3bn against SASFIN bank for damages in its failing to report illicit financial dealings. This is hailed as the first step in holding banks accountable for such transactions.
- Another interesting but equally removed from ordinary life as the above note, is the JSE and the Competition Commission arguing whether the former had engaged in exclusionary conduct. Yawn!
- Altogether more interesting and less parochial is a note by Heystek on so-called Mauritian Trusts: be warned – he is an anti-local is lekker proponent and pushes the use of trusts created in Mauritius to avoid tax: https://dailyinvestor.com/industry-news/108836/a-mauritian-trust-the-ultimate-estate-planning-tool/
- Is the contingency fees, fee arrangement of 25% maximum, plus or net of VAT? The judgement is not yet available, but you can see the gist of this in: https://www.moneyweb.co.za/news/south-africa/contingency-fees-appeal-judgment-rocks-attorneys/
- We do not have anti-SLAPP legislation in South Africa, but a case may be made that this should be legislated on (Why not Stalingrad tactics also?): https://www.derebus.org.za/silencing-through-litigation-why-south-africa-needs-anti-slapp-legislation/
- Reports on the virtual commissioning of an affidavit, have been around for a while, but the following article deals with this properly: https://stbb.co.za/pulse-law-in-the-digital-age-can-an-affidavit-be-commissioned-virtually/
- Speaking of affidavits – confirmatory affidavits are often templates which are simply populated appropriately. Such affidavits should contain personal observations or factual detail and cannot be rubber stamped: www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Dispute-Resolution/Downloads/Dispute-Resolution-Alert-4-November-2025.pdf
- Norton Rose Fulbright has separated from its international firm and will trade as a separate South African entity from 1 April next year.
Hard news
- A note on pre-incorporation contracts may be worth reading: /www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Corporate-Commercial/Downloads/Corporate-Commercial-Alert-12-November-2025.pdf
- A very interesting case, dealing with the different effects of a claim for specific performance compared to a claim for damages, and how this interrupts prescription, is the following: https://www.saflii.org/za/cases/ZACC/2024/24.html
- Your client is involved in a romantic relationship and loans or donates money: which is it? https://www.saflii.org/za/cases/ZAGPJHC/2025/1125.html
- Passing off; an SCA judgement on names which are not spelt the same but sound the same: https://www.saflii.org/za/cases/ZASCA/2025/164.html
- Section 129 (2) (a) of the Companies Act, reads as follows: “A resolution in subsection (1) may not be adopted if liquidation proceedings have been initiated by or against the company”. How do applications for winding up and liquidation proceedings interact? www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Sectors/Corporate-Debt/Downloads/Corporate-Debt-Turnaround-Restructuring-Alert-12-November-2025.pdf
- The following guidelines deal with how to approach merger filing consultations: https://insightplus.bakermckenzie.com/bm/antitrust-competition_1/south-africa-draft-guidelines-on-the-framework-for-pre-merger-filing-consultations
Conveyancing
- An ordinary rental agreement, which is not within the business scope of the lessor, does not fall within the ambit of the Consumer Protection Act: https://www.saflii.org/za/cases/ZASCA/2025/163.html
- Semi has gration to Cape Town is tapering off as that area has become just too expensive for the ordinary buyer. This is shifted attention to other areas, and these are luridly reported upon, presumably by agents who have the ear of a reporter. The fact is that there are many really nice areas within South Africa, selling at some 20 to 40% less than the equivalent Cape Town properties.
- The Citizen quoted Data EQ having found that of four metros, the city of Tshwane has come out tops. Think clean water, safety, action against illegal activity and so on.
- Those involved with the Master will find this link interesting – this lists estates, trusts, insolvencies, and curatorships in our Master’s offices: https://www.justice.gov.za/master/maseti/maseti.html
- The following Johannesburg judgement, dealing with reinstatement of a credit agreement with the bank, on making late payments, may be interesting: https://www.saflii.org/za/cases/ZAGPJHC/2025/1145.html
- Your client sells subject to a bond, but in an effort to frustrate the bond being granted, will not give access to the property for inspection by the bank: https://www.saflii.org/za/cases/ZAGPJHC/2025/1148.html
- West wrote a note on bi- and unilateral servitudes – ask me for a copy.
Property
News
- Municipal dysfunction is hardly news – when the Special Investigation branch gets involved, it is odds on that corruption in that municipality has become very noticeable – in this case the Siyathemba Municipality. Few of us would know where that is, or particularly want to go there, but a for what it is worth, think Prieska.
- The Midstream Estate was in the news as it fines owners if those who deliver to owners, exceed the speed limit. Reports have it that the estate raked in R700k in the first few weeks!
- Jo’burg has lost its building plans. Imagine having to redraw plans because the municipality has lost them! Only plans for buildings after 2021 are available digitally.
- Two weeks ago days ago, the Pretoria High Court ordered Nersa to publish the studies upon which municipal tariff applications are based. This is going to be fun.
- Plans to fix municipal dysfunction are in place – the first independent assessment of Metro performance i.e. phase one of Operation Vulindlela has been finalised. The line reads: services are “on track to establish a single point of management accountability and financial transparency, with updated business and investment plans by July 2026”. Before uncorking the champagne, keep in mind that this is within a sector ‘which is dogged by fruitless, wasteful and un-authorised expenditure amounting to billions of rand, wracked by fraud, corruption and poor service delivery and a dearth of competent skilled personnel and decision-making and management levels’. Nevertheless, optimists can set their diaries for 1 August 2026.
- In tandem with municipal dysfunction, is the on-going struggle against the so-called construction mafia: it appears that coordinated action by the authorities have reduced site disruptions dramatically. Good news.
Comment
Reading positive things on our economy is not as common as I would want: however, following on the mid-term budget, the lowering of our target inflation rate, higher GDP projections, together with our economy generally picking up, I embrace the opportunity to express optimism! YES!
Lighten up
On (our) economy:
- There are jokes about trickle-down economics, but most people won’t get it…
- World leaders Bill and Boris are taking a break from a long summit, Boris says to Bill, “Bill, you know, I have a big problem I don’t know what to do about. I have a hundred bodyguards and one of them is a traitor. I don’t know which one.” “Not a big deal Boris,” Bill responds. “I’m stuck with a hundred economists I have to listen to all the time before any policy decision and only one tells the truth.” “That sounds like the same situation,” Boris says. “Yes. But in my case, it’s never the same one!”
On black Friday:
- Ladies only: you and me… All clothes 100% off.
