Practice News
- Lawyers misbehaving: News24 reported on a Gauteng High Court judge having been arrested for corruption; the SAPS must have a particularly strong case as I cannot see them going to such lengths, unless very certain of their case.
- In a similar league is the appointment of the SIU to investigate allegations of maladministration of the SA Tourism Board; allegations are made of payments for services never delivered and so on.
- RAF:
- Much has been made of Mr Letsoalo having been summoned by Scopa to appear before it and his refusal to do so; in fact he could not be found to be served, and service was thus published via e-media. One suspects that this gentleman will regret his stance as this issue will not go away; indeed, as may be seen from what follows below, it will probably get worse.
- Other reports deal with liquor splurges during office parties, and the RAF spend of R119m in legal costs, defending employees. But wait there’s more; legal firms were paid as much as R 1.5 to R2m for chairing a single disciplinary hearing.
- That such a litany of wrongdoing has come out, makes one wonder how the RAF, and its leaders, managed to persuade our political leaders that all was well, despite repeated complaints directed at that institution.
- Whilst not quite on par with the above topic, a decision, discussed by MacRobert, on confidential medical information may be of interest to practitioners in this field: https://www.macrobert.co.za/insights/requesting-access-to-clinical-information-without-the-patient-s-consent-utilising-a-subpoena-duces-tecum-a-discussion-of-mec-for-health-gauteng-v-solomons-2023-6-sa-601-gj
- A report from Correctional Services had it that 60381 detainees were awaiting trial or sentencing; this led to a suggestion being made that bail conditions should be relaxed. Certainly the horns of a dilemma. Does one feed or free potential criminals?
- Speaking of the horns of a dilemma: the Business Licensing Bill seeks to regulate informal trading, which is certainly desirable from the viewpoint of public health and safety, but should one seek to regulate the informal economy? Objectively probably the way to go, but, given our record of great legislation with little enforcement, this is (another) great backhand opportunity.
- No good deed goes unpunished: Mouton’s bid to buy Curro as a public service, has run into the Competition Commission, which might well derail this deal.
- Today I had a run-in with our local Registrar on the meaning of dissolved; the term CIPC used for presumably the deregistration of a company; the deregistration of a company owing to non-filing of returns may be found at www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Corporate-Commercial/Downloads/Corporate-Commercial-Alert-19-November-2025.pdf
- InterCape buses are still being attacked by taxi associations, and the police have been said to have run away from such confrontation – the fact is that such associations should not be allowed to engage in lawlessness and get away with it.
- A wonderful inter-governmental spat deals with an MEC dragging his Premier to court over the control of the economic development vehicle for the North West. Definitely not a career-enhancing move, not to even mention the fact that government departments should not resolve differences thus.
- I attended a small online group yesterday, dealing with AI for attorneys, hosted by Tech4Law (and which will be continued on a weekly basis); I, and I suspect most of us, see the value of AI but are wary of the repercussions that this might bring into practice. Our meeting took the form of a discussion rather than a lecture, and you might consider contacting Malcolm at https://www.tech4law.co.za/ to join in future.
- Finally, SARS has announced that, as from February, PAYE reconciliations will not be possible without a valid income tax reference for all employees. Do look this up and ready yourself in advance.
Hard news
- Tonkin Clacey published a note on the month-ago decision by the SCA regarding the values declared for the purposes of an accrual system ANC: worth a read for the uninitiated: https://www.tcinc.co.za/Our-Insights/ArticleDetail/Title/Antenuptial-Contracts-and-Accrual-Lessons-from-Manelis-v-Manelis-2025-ZASCA-55
- A recent case, on a member of the public falling into an uncovered manhole, and the duty of care by the relevant municipality, has attracted much attention: https://www.webberwentzel.com/News/Pages/high-court-finds-municipality-liable-for-injuries-caused-by-uncovered-manhole.aspx
- Trusts and the use of legal entities being employed to conceal assets: https://www.cliffedekkerhofmeyr.com/en/news/publications/2025/Practice/Dispute-Resolution/Dispute-Resolution-alert-18-november-When-a-trust-cant-and-shouldnt-protect-ill-gotten-assets
- Contingency fee agreements and VAT (reported on in the past but not having the case available) is worth looking at, by litigants: https://www.saflii.org/za/cases/ZAGPPHC/2025/1157.html
- Labour is really not my thing, but this case is worth noting police were charged with kidnapping and assault and the arbitrator imposed a suspension without pay rather than dismissal: https://www.saflii.org/za/cases/ZALCCT/2025/113.html
- Can the cut-off of water to an erf amount to spoliation? https://www.saflii.org/za/cases/ZAECMHC/2025/118
- The following case is interesting, as it constituted an attempt to allow advocates to practice as legal practitioners in incorporated law firms: https://www.saflii.org/za/cases/ZAGPPHC/2025/1202
- An MOI trumps shareholder arrangements: www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Corporate-Commercial/Downloads/Corporate-Commercial-Alert-26-November.pdf
Conveyancing/Property
- South African financial sentiment is now firmly stronger, with interest rates having been lowered; which may be seen from the luxury retail rebound.
- Old news but still worth reading: an SCA decision, allowing litigants to skip CSOS and approach the High Court directly: https://stbb.co.za/all-about-property-community-scheme-disputes-the-sca-confirms-litigants-may-skip-csos-and-approach-the-high-court-directly/
See also https://www.saflii.org/za/cases/ZASCA/2025/155.html
- The distinction between a personal and praedial servitude discussed by the SCA: https://www.saflii.org/za/cases/ZACC/2025/6.html
- An interdict granted to prevent neighbours from parking within a servitude area: https://www.saflii.org/za/cases/ZAWCHC/2025/523.html
- Spoliation of a servitude by the erection thereon of bollards: https://www1.saflii.org/za/cases/ZAFSHC/2025/332.html
- Expropriation, spoliation and counter-spoliation – all about a dam: https://www.saflii.org/za/cases/ZAWCHC/2024/180.html
- The Conventional Penalties Act and the retention of a deposit where a contract of sale was not proceeded with: https://www.saflii.org/za/cases/ZAGPJHC/2025/1165.html
- The sourcing of conveyancing work by dubious, means is old news. Beware of estate agents recommending conveyancers, much of this has undertones that the client will never see: https://www.ensafrica.com/news/detail/11070/unethical-conveyancers-and-estate-agents-what
Property
News
- Central Park City in Johannesburg is set to begin construction of its first phase, Madison Square – five future phases will see a total of 3450 apartments.
- Another potential development is said to be coming to Cato Ridge in respect of logistics; termed the Insimbi Ridge development. The intent is to use private capital to develop freight-corridor infrastructure. You
- Tshwane: like many of our metros, in the news for the wrong reasons; the city –
- has been ordered to pay employees R2bn in back pay;
- has been ordered by the High Court to suspend its city cleaning levy.
Where the money is to come from is going to be interesting, as the city has a debt impairment of R1.4bn and an Eskimo debt of R6.7bn. So, who is for Mayor?
Legal stuff
- What to do when municipal consents clash with title conditions: www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Real-Estate-Law/Downloads/Real-Estate-Law-Conveyancing-Alert-18-November-2025.pdf
- What should a developer do when it’s development rights in the scheme is about to expire? www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Real-Estate-Law/Downloads/Real-Estate-Law-Conveyancing-Alert-25-November-2025.pdf
- For beginners (and this appears to be deceptively easy); what to do when your tenant stops paying rent? https://madeleyn.co.za/2025/10/22/steps-to-take-when-your-tenant-stops-paying-rent/
Comment
Aside from the lurid details of comrades in the Ukraine, fighting a war that is not theirs and allegedly not wanting to be there first place (one can but marvel), our economic revival has brought the reasons for that revival into focus: why have commodity windfalls not brought more benefit to South Africa? Take a look: https://codera.co.za/why-commodity-windfalls-dont-trickle-down-in-sa/
Lighten Up
Remember when Putin said he didn’t have any plans to invade Ukraine?
I’m starting to think he was telling the truth.
Why are you speaking Ukrainian?” the first one says.
“I try to speak as little Russian as possible these days.”
“Why? Are you afraid Ukrainians will come beat you up?”
“No, I’m scared the Russians will come save me!”
Contributed by:
Daan Steenkamp Attorneys
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