Judgments

The Western Cape High Court dealt with a Road Accident Fund damages matter arising from a 2016 motor vehicle accident. The judgment focused on future medical expenses and future loss of earnings, and it considered whether an actuary's addendum report was properly reasoned. The Court ordered the Plaintiff to file a fresh actuary's report and directed both parties to file notes on contingencies.

The judgment concerns an appeal about a settlement agreement, a valuation report, and whether additional discounts were applied when determining the price for a share buyout. The court records the parties’ dispute over jurisdiction, waiver, and compromise, and it dismisses the appeal with costs. It also corrects a patent error in the earlier order by deleting references to the First Respondent.

The High Court in Western Cape dealt with a special plea of prescription raised by the Road Accident Fund. The court said the plaintiff's claim was based on an alleged breach of contract, alternatively a breach of a duty of care, rather than a claim under the Road Accident Fund Act, and dismissed the special plea with costs on scale C.

The High Court considered Sakeliga NPC’s challenge to parts of the definition of “property practitioner” in the Property Practitioners Act and to section 50(a)(x). It declared paragraph (b) of the definition inconsistent with the Constitution and invalid to a limited extent, and declared section 50(a)(x) inconsistent with the Constitution and invalid. The order also suspends part of the invalidity finding for 24 months and refers the declarations to the Constitutional Court for confirmation.

The judgment concerns a prescription special plea in a claim by Nicolaos Riga against Voltex (Pty) Ltd. It records that Mr Riga first claimed wrongful dismissal, later amended his claim to rely on the Protected Disclosures Act 26 of 2000, and Voltex argued that the amended claim had prescribed.

The Western Cape High Court dealt with an urgent application in which the applicants abandoned the relief after the matter had been set down. The court granted leave to withdraw, refused a request to use company funds for a shareholder’s legal costs, and ordered the first applicant to pay the respondents’ costs on a party and party scale, including counsel on scale C.

SAFlii has listed this judgment: S v Klink (Review) (173/2026) [2026] ZAWCHC 519 (8 September 2026).

The Western Cape High Court in Unicredit Bank Austria A.G. v Huber dealt with a special plea of lack of jurisdiction and the application of rule 39(2) of the Uniform Rules of Court. The judgment records evidence about Austrian law, the loan agreements, and the amounts claimed, and grants judgment for the plaintiff.

The Western Cape High Court dealt with a review about a decision to place the applicant on lifelong parole. The court granted condonation for the late review application and dismissed the application.

The Western Cape High Court reviewed a magistrates' court matter involving a child accused, and set aside the conviction and sentence. The court said the plea record did not show an unequivocal admission of every essential element, and the sentencing record did not clearly show application of the Child Justice Act framework.

SAFlii has listed this judgment: Delport v S (Sentence Appeal) (A35/2026) [2026] ZAWCHC 490 (8 September 2026).

The High Court considered a dispute about the administration of the Bellstedt Family Trust and a claimed loan account said to be owed to the second respondent. It granted condonation for a late replying affidavit and found that the purported loan account was invalid and that the resolution of 19 December 2025 was reviewed and set aside.

The Supreme Court of Appeal considered an application to reinstate a lapsed appeal in a divorce matter. It described a rule 33(4) separation order, a postponement request, and the High Court's later orders granting a divorce decree and dealing with the settlement agreement. The application for condonation and reinstatement was dismissed with costs.

The Western Cape High Court heard a damages claim by Yamkela Komblea against the Passenger Rail Agency of South Africa after he fell through an open door of a moving train. The judgment records that liability was settled and deals with the quantum of damages under future medical expenses, loss of earnings, and general damages.

The Supreme Court of Appeal considered whether raising fees paid by Cornucopia Trust were interest or similar finance charges under section 24J of the Income Tax Act 58 of 1962. It dismissed the appeal and said the raising fees were not finance charges similar to interest within the meaning of section 24J(1).

The Western Cape High Court dealt with an application for summary judgment arising from a grain purchase agreement, alleged suretyship, and disputed overpayments. The court noted disputes about the agreement, the signatures, the quantities delivered, and the meaning of correspondence relied on as an acknowledgement of indebtedness. Summary judgment was refused and the respondents were granted leave to defend the action.