In a significant judgment delivered by the Western Cape Division of the High Court on 26 November 2025, the Court in Construction Company (Pty) Ltd v City of Cape Town and Others (2950/2024 ; 22591/2023) [2025] ZAWCHC 552, confirmed that an organ of state may decline to award a tender, where contracting with the bidder would expose the institution
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Fraud unravels all: removing the “con” from conveyancing
Can the previous registered owner of immovable property successfully rely on the Roman principle of fraus omnia vitiat, or “fraud unravels all”, which would entitle them to restitution of their property? This was the central legal question in a recent matter heard by the high court.
The matter concerned an attorney who was struck from the roll of legal practitioners and the…
SAVING YOUR FAMILY FROM LITIGATION: LESSONS FROM A DISPUTED ELECTRONIC WILL CASE
The law is clear on how a will must be signed and witnessed. One of the requirements for a valid will is that the testator must sign each page of the will with what is commonly known as a “wet ink” signature. Ignoring this guideline may lead to a day in court.
Electronic signature
In Mmelesi v Mokgoro the high court heard an application for leave to appeal in respect of an earlier judgment handed down…
EXCEPTIO NON ADIMPLETI CONTRACTUS – WHEN IS NON-PERFORMANCE JUSTIFIED?
Contracts lie at the heart of everyday business dealings. They create expectations, define responsibilities, and set the tone for the business relationship. But what happens when one party claims that they don’t have to perform because you didn’t perform first? In South African law, this defence is referred to as the exceptio non adimpleti contractus.…
BREAKING UP A TRUST? THE SCA SAYS NOT SO FAST
In the recent case of Lenette Janse De Wit & 2 Others v Toerien De Wit NO & 6 Others 2026 ZASCA 23, the Supreme Court of Appeal (SCA) provided important guidance on the interpretation of section 13 of the Trust Property Control Act 57 of 1988 (TPCA), which deals with, inter alia, the termination…
THE END OF A LEGAL LOOPHOLE: MUSLIM MARRIAGES AND ACCESS TO INTERIM MAINTENANCE
An important new judgment will bring relief to many after great uncertainty about what South Africa’s updated divorce laws mean in practice for wives in Muslim marriages. Clarifying the role that talaq (divorce under Muslim marriage laws) plays in the South African legal divorce system, three judges of the high court were unanimous: talaq did…
NEW TOP COURT DECISION AFFECTS ‘TWICE MARRIED’ COUPLES IF CUSTOMARY LAW MARRIAGE COMES FIRST, NO CIVIL MARRIAGE ALLOWED LATER
A new Constitutional Court judgment about the validity of customary and civil marriages has huge implications. An untold number of Black couples, married under customary law and later under civil law, are suddenly finding that, in the wake of this judgment, their rights are not protected in the way they had assumed. Now they must…
You can doubt it, but you can’t dodge it: The hard truth about Court Annexed Mediation
The Gauteng Division of the High Court has introduced mandatory court-annexed mediation and the mediation protocol. But what happens when a party simply refuses to cooperate? Can a litigant’s belief that mediation would be pointless excuse them from participating?
This article unpacks the scope of the courts’ power to compel reluctant parties to participate in…
CRASH COURSE: PAVING YOUR ROAD FROM FENDER BENDER TO FAIR PAYOUT
Each time we get behind the wheel, we assume that traffic shall flow, everything shall go as it should, and we will all get home safely at the end of the day. However, one split second is all it takes for everything to change. When the unexpected happens in your life due to a motor…
SOLD VOETSTOOTS, NOT FRAUD-STOOTS: SCA LIFTS THE VEIL ON A FRAUDULENT PROPERTY TRANSACTION IN CAPE TOWN
There is creativity, and then there is crafting a property transaction so contrived that even the seller could not be sure who was buying, renovating or occupying her home. What began as an ordinary sale in respect of a Cape Town property slowly revealed itself to be a sham: a mystery purchaser, hidden agreements, and…