News
- Docex used to be the go-to method of delivery amongst attorneys in South Africa, but, of late, that service has waned in favour of courier services for various reasons. Now the Post Office has come up with a system of sending a legally binding document via email – take a look: https://saporeg.co.za/home
- Chat GPT has been much in the news of late; this article may be of interest: https://www.tech4law.co.za/courses-on-offer/ai-for-lawyers/are-your-chatgpt-prompts-discoverable-in-litigation-fireside-chat-29th-july-2026/
- Really? News 24 reported that our Deputy Minister of Justice has suggested that our justice system must develop indigenous languages into languages of legal education, judgements, and jurisprudence. Nice to say, but there is a reason why our courts report in languages that are read by all.
- The Webber Wentzel/Linklaters alliance will end on 1 November.
- On 1 August the jurisdiction of the Small Claims Court will have increased to R30,000.
- Patent attorneys might be interested in the following graph, published by Codera, which shows the delay between patent application and registration in South Africa: https://codera.co.za/patent-application-and-registration-speed-in-sa/
- Your all-risk cover, sold by your moving company, amounts to insurance and is subject to the Financial Sector Regulation Act: https://www.cliffedekkerhofmeyr.com/en/news/publications/2026/South-Africa/Corporate-Commercial/corporate-and-commercial-alert-29-july-when-all-risk-cover-becomes-insurance-financial-services-tribunal-reinforces-the-substance-over-form-approach-to-unauthorised-insurance-business
- Executive directors, also employed as employee in a company, occupies two distinct positions within the company: https://www.cliffedekkerhofmeyr.com/en/news/publications/2026/South-Africa/Corporate-Commercial/combined-corporate-and-commercial-and-employment-law-alert-29-july-executive-directors-director-or-employee-more-than-a-feeling
Hard law
- AI in practice: https://www.cliffedekkerhofmeyr.com/en/news/publications/2026/South-Africa/Employment-Law/Employment-law-alert-27-july-Phantom-authorities-Artificial-intelligence-fictitious-citations-and-the-integrity-of-legal-proceedings
- A discussion on eviction without having to provide emergency accommodation: https://werksmans.com/transnet-n1-culemborg-eviction?
- The success rate of business rescue is in South Africa lies between 12% and 19%.
- If business rescue is not applied and an enterprise is sequestrated/liquidated – how and when can one start again? https://delberg.co.za/2026/06/24/rebuild-your-trade-returning-to-business-after-insolvency/
- if your casual labourer is hurt whilst in your service – are you liable? https://madeleyn.co.za/2026/06/03/who-is-liable-when-a-casual-worker-falls-off-your-roof/
- Bidders bear the risk of errors in their pricing structures and, once accepted, binds the bidder: https://www.cliffedekkerhofmeyr.com/en/news/publications/2026/South-Africa/Public-Law/public-law-alert-30-july-SCA-confirms-that-tender-bid-pricing-errors-remain-the-bidders-responsibility-even-after-being-awarded
- If no express choice is made, which country’s law governs a trust? https://caf.co.za/the-legal-anchor-of-a-cross-border-trust-why-the-governing-law-matters/
- If creditors do not nominate a liquidator at the first meeting of creditors, section 18 (4) of the Insolvency Act obliges the Master to appoint the provisional liquidator as final liquidator: https://lawlibrary.org.za/akn/za/judgment/zasca/2026/104/eng@2026-07-29?
- May an employer, in pursuit of redress, lawfully exclude permanent residents (not citizens) from participation in a vocational programme? https://www.Saflii.org/Za/Cases/ZAGPPHC/2026/715.html
- Oppressive conduct and section 163 of the Companies Act; this is a difficult case but is worth read by company law practitioners: https://www.saflii.org/za/cases/ZASCA/2026/101.html
- Mediation is compulsory when seeking access to the High Court in Gauteng; in this case the applicants contended that mediation operates as a barrier to access to courts especially when indigent; an interesting case: https://www.saflii.org/za/cases/ZAGPPHC/2026/783.html (ex Robin)
- This case is instructive in that it deals with the cession of a claim and whether notice thereof must be given to the debtor for its validity: https://www.saflii.org/za/cases/ZAGPPHC/2026/778.html
- Does a defence in terms of section 52 of the CPA fall within the exclusive preserve of the High Court? https://www.saflii.org/za/cases/ZAGPPHC/2026/782.html
- Lis pendens (at 8): https://www.saflii.org/za/cases/ZAGPJHC/2026/853.html
Conveyancing/property law
- More on cohabitation: https://delberg.co.za/2026/06/24/the-relationship-the-law-forgot-to-recognise/
- Gated security will be affected by the proposed new POPIA rules governing CCTV, biometrics and visitor data.
- Can a trustee in a sectional scheme be suspended without providing him with a right to respond to allegations against him? https://www.paddocks.co.za/paddocks-press-newsletter/trustee-block-removal/
- Prescription and the NHBRC warranties: https://lawlibrary.org.za/akn/za/judgment/zasca/2026/102/eng@2026-07-24
Property
Trends
- The FNB House Price Index remained steady in July at 5.2% YOY in July and is projected to slow to 4% by the end of this year. This means that house price growth, on average, countrywide, is rising slightly faster than inflation.
- The above statistics reflect a shift in buyer sentiment towards sectional title properties where the equity values marginally outpace those of freestanding homes. The Myproperty blurb says that the bank foresees a sustained upward trend in sectional title property values “underpinned by easing inflation, lower borrowing costs and modest real wage gains”.
- The FNB statistics show that national rental inflation sits at 4.1% YOY.
News
- The by-now-usual complaint, by the Cape Town residents that they are being priced out of the market has been reiterated.
- Whilst on this topic: a BusinessTech report said that comparable office space in Cape Town costs twice as much as in Johannesburg. This has led to a shift by developers to develop in that city resulting in Cape Town booming. The reason is attributable to good governance!
- Kanton, the developer of the new university campus in Pretoria East, has raised about half of the estimated R3.2bn that this development will cost. Interestingly this development is said to be the largest project undertaken by the Afrikaans community without government support since the Voortrekker Monument was built in 1949.
- I confess to being somewhat sceptical; News24 posted an article saying that high-end properties are now preferably sold by way of auction. The reason why this trend has emerged is that there is a shortage of high-end quality stock.
- The National Housing Finance Corporation has run out of funds “owing to strong demand”. This has led to, reportedly, the government having not paid subsidies for first-time homeowners in four months! The reason for this is an exponential increase in applications from homeowners in the rural areas following on a change in the rule allowing the grant of subsidies for properties that cannot be mortgaged. With most of our government institutions being broke, what will surely follow is that banks will be unwilling to give mortgages to first-time homeowners – wait for it.
- Newsday reported that 90% of land reform projects in this country have failed. The problem appears to be that an operational farm requires business plans, capital investment and active management, which grant recipients are generally not able to provide. The difficulty with these is that such projects destroy successful commercial farms which dismantles one of our greatest economic assets in the rural areas. Compare this to BEE, which has been much criticised in terms of results, of late.
- Newsday reported that Juju has encouraged black people living in townships to take land owned by white people. Frankly, one is surprised as he has been particularly quiet of late – think five years gaol time!
- Early in July the Minister of Trade, industry and Competition published new building regulations for public comment. The major departure from existing legislation is in the enjoining municipalities to refuse an approval to build if the building “is to be erected in such a manner that it will contravene any provisions of that act or a regulation made in terms thereof”. Ex CDH.
Lighten up: AI

Contributed by:
Daan Steenkamp
daan@delberg.co.za
012 3615001
www.delberg.co.za








Very informative, thank you Daan.