South African legal developments

The High Court in Johannesburg heard an urgent application for interim relief pending Part B of a dispute about the sale and transfer of immovable property. The judgment records that the property had been transferred into the first and second respondents’ names and that the applicant alleged the transfer arose from a fraudulent transaction without its knowledge or authority. The Court granted interim preservation relief and reserved the costs of Part A for Part B.

The High Court considered an exception to amended particulars of claim in a dispute about a written purchase and sale agreement. The court upheld the exception because the pleading did not aver fulfilment or waiver of suspensive conditions, but it found the summons was not vague and embarrassing.

The High Court heard an urgent application by Silver River Estate (Pty) Ltd about alleged unauthorised wood harvesting on its property at Woodifield Farm near George. The court granted a final interdict against the first and third respondents and made orders about access, timber extraction, removal by the Sheriff, and costs.

SAFlii has listed this judgment: Lamour v S (Appeal) (A294/2024) [2026] ZAWCHC 426 (19 August 2026).

The High Court considered an application for leave to appeal in a matter arising from section 91 of COIDA. It upheld a point in limine, struck the application from the roll with costs, and recorded that the applicants may approach the Supreme Court of Appeal for special leave to appeal.

The Public Procurement Amendment Bill (B22-2026) is listed by PMG as a Private Member Bill: Section 76 Bill. The page says it is under consideration by the National Assembly and records that it was introduced by Mr G. Michalakis on 18 August 2026.

The Local Government: Municipal Structures Amendment Bill (B23-2026) is listed by PMG as a Section 76 ordinary Bill affecting the provinces. The page says it is under consideration by the National Assembly and records that it was introduced on 18 August 2026 by the Minister of Cooperative Governance and Traditional Affairs.

The General Finance Laws Amendment Bill (B21-2026) is listed on PMG as an ordinary Bill not affecting the provinces. The page says it is under consideration by the National Assembly and that it was introduced by the Minister of Finance on 18 August 2026.

The judgment concerns a Rule 46A application brought by Standard Bank after debt review had been terminated and the respondents remained in arrears. The court ordered the property specially executable, issued a writ of execution, set a reserve price, dismissed the upliftment of bar application, and ordered the respondents’ attorney to pay wasted costs de bonis propriis.

The High Court in the Western Cape dealt with a summary judgment application by Standard Bank against a defendant over an instalment sale agreement for a 2018 Volkswagen Polo. The court said the application was filed late, found the explanation for the delay deficient, and noted that the defendant’s plea raised a defence linked to debt review. The application for summary judgment was dismissed and the defendant was granted leave to defend.

The Western Cape High Court dealt with two applications by a homeowners association against a homeowner. One application sought demolition of part of a dwelling said to exceed a height restriction, and the other sought payment of penalties for alleged unlawful occupation. The judgment says the demolition application and the penalties application were both dismissed. It also records discussion of the Estate rules, the Municipal Planning By-law, the City occupation certificate, and the Conventional Penalties Act.

The High Court dealt with a dispute about the validity of a will and whether that dispute was capable of arbitration. It held that the dispute regarding the validity of the disputed will was not arbitrable and described the arbitration agreement and resulting awards as a nullity.

The judgment concerns an application for condonation and for rescission or variation under rule 42(1)(b) of the Uniform Rules of Court. The court dismissed the application and recorded that it was not deciding any future claim about division of the joint estate or whether res judicata may arise.

The High Court in Pretoria considered an application to review and set aside an arbitration award under section 33 of the Arbitration Act. It held that the arbitrator had identified and determined the dispute referred to arbitration, and the application was dismissed. The award was made an order of court.

The Western Cape High Court dealt with a damages claim arising from events at a shopping centre in Ceres. The court found that the plaintiff had not proved the more serious allegations of a prolonged assault or permanent sequelae, and dismissed the claims for future loss of earnings and future medical expenses. The court awarded general damages for unlawful assault, unlawful arrest and unlawful detention, together with costs and certain expert and interpreter expenses.

The judgment concerns a dispute about whether immovable property bequeathed to a testamentary trust had become trust property before transfer, and whether the executors or trustees dealt with it. The court said the properties remained under the executors’ administration pending the estate process, and it dismissed the applications to set aside the sales and to remove the executors and trustees. In the eviction matter, the applicant and Ruth Linda Sage were declared unlawful occupiers and ordered to vacate by 18 October 2026.