Southern African Legal Information Institute

29/05/2026

National Union of Metalworkers of South Africa and Others v Industrial Oleo Chemical Products (CCT 367/24) [2026] ZACC 22

Summary: Labour Relations Act 66 of 1995 — section 189A(7)(b)(ii) — section 191(11) — dismissals based on operational requirements — facilitation — conciliation as a jurisdictional precondition to adjudication by the Labour Court

👉:

29/05/2026

MEC for Health of the Gauteng Provincial Government v CBM (1482/2024) [2026] ZASCA 80

Summary: Medical negligence – whether hysterectomy caused by negligence of appellants’ employees – absence of medical records – prima facie evidence of negligence – evidentiary burden to adduce evidence – not rebutted.

👉:

GOVERNMENT                                                                APPELLANT

29/05/2026

South African Retirement Annuity Fund v Pension Funds Adjudicator and Another (1163/2024) [2026] ZASCA 79

Summary: Pension Law – interpretation of s 37C(1) of the Pension Funds Act 24 of 1956 (the Act) – interpretation of the phrase - within 12 months of the death of the member becomes aware of or traces a dependant or dependants of the member - ss 37C(1)(a) and 37C(1)(c) – the South African Retirement Annuity Fund (the Fund) seeks relief – on the basis that the payment to dependants to be strictly made within a period of 12 months from the date of death of the member – the Fund’s interpretation incorrect – contrary to the purpose of the Act.

👉:

S E M VILJOEN                                                          SECOND RESPONDENT

28/05/2026

The Draft General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill [GN 6997, G. 53955, 14 January 2026] proposes amendments to the Close Corporations Act, Nonprofit Organisations Act, Financial Intelligence Centre Act, the Companies Act and the Financial Sector Regulation Act.

👉:

The Draft General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill [GN 6997, G. 53955, 14 January 2026] proposes amendments to the Close Corporations Act, Nonprofit Organisations Act, Financial Intelligence Centre Act, the Companies Act and the Financial Sector Regulatio...

28/05/2026

Abrahams v National Student Financial Aid Scheme (NSFAS) (C463/2023) [2026] ZALCCT 81

Summary: (Automatically unfair dismissal for making a protected disclosure – Dismissal for ostensibly breaching ICT policy of employer, simply means by which employee was dismissed for making a protected disclosure – Employee awarded reinstatement and full costs)

👉:

[1] This matter concerns whether the dismissal of the applicant, Mr A Abrahams (‘Abrahams’) constituted an automatically unfair dismissal in terms of section 187(1)(h) of the Labour Relations Act 66 of 1995 (“the LRA”), read with the Protected Disclosures Act 26 of 2000 (“the PDA”).

28/05/2026

South African Legal Practice Council v Modisakeng (2024/120892) [2026] ZAGPPHC 475

Summary: Application by Legal Practice Council (LPC) to rescind order of court granted ex parte, admitting legal practitioner (Respondent) in terms of section 24(2) of Legal Practice Act (LPA) and authorising enrolment as attorney in terms of section 30(2) of LPA. Common cause that Respondent did not comply with Regulation 6(1) read with Regulation 6(10) at the time when order was granted, but having instead completed vocational training as pupil in terms of Regulation 7. LPC refused to issue “letter of no objection” but court granting admission order under mistaken impression that such letter was issued and filed on record, granted order for admission and enrolment as attorney. Respondent opposed recission application and sought condonation for non-compliance with Regulation 6 requirements and an order admitting Respondent as legal practitioner and enrolment as attorney, having completed required vocational training in terms of Regulation 6 after the impugned order was granted.

Held; Absent an express provision in the LPA to grant condonation for non-compliance with any requirement for admission as legal practitioner or enrolment, the court has no inherent jurisdiction to condone non-compliance with Section 24(2) which enjoins the court to be, inter alia, satisfied that the applicant is duly qualified as set out in section 26 of LPA, and which in turn refers to practical vocational training prescribed by the minister(Section 26(1)(c)). These provisions are statutory requirements and a jurisdictional prerequisite for an order under section 24(1) of LPA, and condoning non-compliance with such statutory requirements will amount to overreach and a breach of the doctrine of the separation of powers. When court issued admission order ex parte, having not been satisfied that there was due compliance with section 24(2) of PLA, court committed legal error and order thus incorrectly granted. Condonation application and counter-application refused and admission order rescinded.

👉:

KGAOGELO XAVIERA MODISAKENG                                                          Respondent

27/05/2026

Minister of Defence and Military Veterans and Another v Zeal Health Innovations (Pty) Ltd (CCT 06/25) [2026] ZACC 21

Summary: Section 172(1)(b) of the Constitution — just and equitable remedy — true discretion — grounds for appellate interference established

No profit, no loss principle — narrow application to suspension orders — not a general exclusionary rule — benefit from unlawful contract subject to scrutiny, not automatic exclusion and is fact-dependent

👉:

27/05/2026

Engelbrecht v Miller and Another (150090/2025 ; 088951/2024 ; 137348/2025 ; 153692/2025 ; 132223/2025) [2026] ZAGPPHC 469

👉:

This judgment was prepared and authored by the Judge whose name is reflected and is electronically circulated to the parties/their legal representatives by e-mail and by uploading it to the electronic file of these matters on Caselines. The date for hand-down is deemed to be 15 May 2026.

26/05/2026

Mohapi v S (A41/2024) [2026] ZAGPJHC 528

👉:

SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

26/05/2026

Sondhlane v South African Legal Practice Council (082/2025) [2026] ZASCA 78

Summary: Superior Courts Act 10 of 2013 – appeal against order in terms of s 18(3) – order striking attorney from roll of practitioners – not suspended pending appeal – application to adduce evidence on appeal – attorney continuing practice despite being struck from roll – evidence material – exceptional circumstances shown for admission – inordinate delay in filing notice of appeal – long periods of delay unexplained – no prospect of success – not in interests of justice to grant condonation.

👉:

                                                                                                                  Reportable