Practice News and case law
- Yes, lawyers have feelings! And believe it or not, legal practice appears to be detrimental to our mental health: https://www.reuters.com/legal/litigation/legal-profession-is-detrimental-mental-health-say-41-lawyers-2026-09-10/
- E-commerce has, over the past year, generated most of the complaints directed at our Ombud for Consumer Goods and Services.
- Of interest to most of us, is a new determination by the RTMC on when a traffic warden may arrest a member of the public:
- when an offence is committed in his presence;
- but not for speeding or outstanding traffic fines.
- An excellent article on mediation may be found in the De Rebus (Mediation in the spectrum of dispute resolution: Law, practice and reform – De Rebus). Our practice, Delburg, Pretoria, offers this service and I have qualified as mediator. My director, Marike, who holds such a qualification, is a general litigant whilst I have experience in estates, trusts, commercial work and, primarily, property law.
- The ConCourt has ruled that illegal foreigners may claim from the RAF.
- In Mohape v S, a Gauteng High Court reportedly declared that evidence, generated by a computer and not subject to human intervention, would be admissible without calling the operator as witness.
- A Bill on the Regulation of Trusts, has been tabled; of interest, aside from the extensive compliance, liability and transparency introduced, I found the following interesting:
- definitions of beneficial ownership and independent trustees;
- a prohibition on the creation of a trust intended to hold RAF payouts ifo minors, without court consent (S3);
- a legislative inclusion of the powers of trustees (S14) which would make the standard list of powers held by trustees unnecessary;
- the acceptance of E-copies of trust deeds as originals for registration purposes (S6.1),
The fact is that, if passed by Parliament, the bill will increase the fiduciary responsibility of trustees, and no doubt, make family-run trusts much more difficult to administer.
- Intimidated by AI? Try this suggested introduction: https://www.tech4law.co.za/courses-on-offer/ai-for-lawyers/step-1-2-3-to-your-first-ai-tool/
- If you kill an expectant mother, you may well be charged with the murder of her unborn child: The protection of viable unborn children: The development of the common law – De Rebus
- Raising fees are deductible for tax purposes: Commissioner for the South African Revenue Service v Cornucopia Trust (469/2025) [2026] ZASCA 116 (7 September 2026)
- What are the grounds upon which a valuation, agreed to be final and binding, may be set aside? See 41 Numacon (Pty) Ltd and Others v Leleu NO and Others (Appeal) (A214/2025) [2026] ZAWCHC 498 (9 September 2026)
- Should a practitioner bear the costs of an application struck off, for want of urgency? Clare Estate Ratepayers Association v South African National Roads Agency SOC Ltd (SANRAL) and Others (2026-045352) [2026] ZAKZDHC 53 (2 September 2026)
- Prescription is intended to penalise inaction rather than legal ineptitude: Riga v Voltex (Pty) Ltd (2023/049662) [2026] ZAGPJHC 994 (8 September 2026)
- A practitioner punished for reliance on non-existent AI case citations: Mavundla v MEC: Department of Co-Operative Government and Traditional Affairs KwaZulu-Natal and Others (7940/2024P) [2025] ZAKZPHC 2; 2025 (3) SA 534 (KZP) (8 January 2025)
Conveyancing, property, and property law
- An article by Cilliers & Reynders reminded me of the enforceability of conduct rules in Sectional Title Schemes – read section 10 of the Sectional Title Schemes Management Act.
- Retail rental growth is lower than the June CPI, except for supra-regional centres, which marginally outperformed that index. Clur Index.
- Research shows that for rentals, for both landlords and tenants, Gauteng outperforms the Western Cape; certainly news to me: https://dailyinvestor.com/property/154031/gauteng-vs-western-cape-house-prices-the-winner-is-clear/
- An article by Paddocks, dealing with amendments to the proposed rules from the floor of a general meeting of a sectional title scheme, may be of interest to practitioners: Are Amendments to Proposed Rules Allowed on the Floor of a General Meeting? | Paddocks
- Our SCA has ruled that prescription, against a builder failing to repair in terms of its warranty, commences on the failure of that builder to repair: Janse van Vuuren v WJB Stieger Konstruksie (Pty) Ltd (1459/2024) [2026] ZASCA 102; [2026] 3 All SA 525 (SCA) (24 July 2026)
Contributed by:
Daan Steenkamp
daan@delberg.co.za
012 3615001
www.delberg.co.za
