Judgments

The judgment concerns an application about an alleged automatic discharge from the SANDF under section 59(3) of the Defence Act. The court found that the applicant’s absence did not exceed 30 official-duty days and declared that he remains a member of the Regular Force. The order also directs record updates, payment of remuneration and benefits, and reporting for duty within 7 calendar days.

The Supreme Court of Appeal dealt with an appeal about the interpretation and application of provisions of the Children’s Act regulating adoption of minor children. It recorded that the High Court had found the adoption procedures used by government social workers inconsistent with the law and the Constitution, and that the Departmental Guidelines on National Adoptions were unconstitutional. The appeal was dismissed with costs, including the costs of three counsel.

The judgment concerns interlocutory applications in two Road Accident Fund matters and the proper procedure under rule 6(11) when notices of motion were served without hearing dates. The Court discussed earlier cases on notice and held that the process used did not provide adequate notice. It ordered that the applications be removed from the roll and may be re-enrolled after the notices of motion are updated with the date and time.

The Western Cape High Court considered an application for leave to amend two paragraphs in the plaintiff’s particulars of claim. The court dismissed the application and ordered the plaintiff to pay the costs of both defendants, while directing the parties’ legal representatives to arrange a date for argument on the merits.

The High Court considered an application by the joint liquidators of Salt House Investments (Pty) Ltd to set aside four payments totalling R890 000 to Mr Van Eyssen. The court granted condonation for a late replying affidavit, rejected jurisdiction and prescription objections, and set aside the four dispositions.

The High Court dealt with a review of the taxation of an attorney and own client bill of costs in a matter against the Road Accident Fund. It found that the taxing master applied the wrong principle when assessing the agreed fee and did not set out a factual basis for the rate and escalation rulings. The review succeeded and the bill was remitted for re-taxation before another taxing master.

This judgment concerns an application for leave to appeal against a prior High Court eviction-related judgment. The Court considered the notice timing, condonation, and the grounds advanced, including jurisdiction, arbitration, PIE, lease cancellation, and alleged procedural unfairness. The application for leave to appeal was dismissed and costs were ordered on an attorney and client scale.

The High Court dealt with an application by an unrepresented litigant to set aside a default judgment of the Somerset West Regional Court and related execution orders concerning her home. It held that the relief sought could not be granted in this Court and dismissed the application. The counter-application to have the applicant declared a vexatious litigant was also dismissed.

The High Court considered an eviction application by the City of Cape Town concerning commercial premises used for parking. It held that the lease agreement was validly cancelled and granted eviction, together with costs on the attorney and client scale.

The Western Cape High Court dismissed a review application about a Cape Bar Council disciplinary decision concerning a complaint of professional misconduct against a senior counsel. The judgment records that the Council dismissed the complaint, later refused leave to appeal, and that the General Council of the Bar also refused leave to appeal. The court also ordered that each party pay its own costs.

The High Court considered an application about whether fees charged by private residential estates to property practitioners fell within regulation 35 of the Property Practitioners Regulations, 2022 read with the Property Practitioners Act. The court dismissed the application and ordered the applicants to pay costs.

The High Court considered an application for leave to appeal against portions of a judgment and order handed down on 3 September 2026. The Court found that paragraph 4 of the order was not appealable and dismissed the application for leave to appeal. Costs were ordered on scale B.

The Western Cape High Court considered an application about the meaning of “spouse” in a trust deed. The court dismissed the application with costs, finding that the applicant had not shown that she fell within the trust deed’s beneficiary clause after her divorce.

The judgment concerns a liquidation application involving Veritas Capital Africa (Pty) Ltd and a dispute about whether its deregistration and later restoration operated retrospectively. The Court found that the debt was not shown to be disputed on bona fide and reasonable grounds, and ordered the Respondent into final liquidation.

The Western Cape High Court dismissed an urgent application by Anele Gabuza relating to the ANC's selection of a Ward 98 candidate for the 2026 local government elections. The judgment records that Gabuza sought to have the ANC's decision set aside and to have the IEC register him, but the court dismissed the application and made no cost order.

The High Court considered an application for leave to appeal arising from a dispute about a borehole servitude at Hoërskool Menlopark. It reviewed nine grounds of appeal and found no reasonable prospect of success or other compelling reason to grant leave. The application for leave to appeal was dismissed with costs.