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Latest Cases from Legalinfo

Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (CCT126/25) [2026] ZACC 30 (7 July 2026)
IMMIGRATION – Asylum seeker – Exclusion from refugee status – Constitutional challenge to provisions excluding irregular entrants or late reporters from asylum system – Court held sections created threshold barriers preventing merits based determination, violating principle of non refoulement – Provisions conferred unguided discretion through vague standards of “valid reasons”, “good cause” and “compelling reasons”, contrary to constitutional requirements – Section 21(1B) irrational, functioning either as unjustified bar or meaningless provision – Provisions unjustifiably limited fundamental rights, inconsistent with Constitution – Declaration of invalidity confirmed – Refugees Act 130 of 1998, ss 4(1)(f), (h), (i), 21(1B).

Motjamela v George Local Municipality (CCT 34/26) [2026] ZACC 31 (7 July 2026)
CIVIL PROCEDURE – Vexatious litigant – Mental health assessment – Indigent self represented litigant pursued persistent meritless litigation arising from expired employment contracts – Municipality obtained broad vexatious order and mental health assessment directive – Constitutional Court held pattern of abuse justified vexatious order but scope was overbroad, required tailoring to employment dispute only – Mental health assessment order unconstitutional, imposed without evidentiary basis or statutory procedure, violated rights to dignity and privacy – Order set aside, tailored vexatious order substituted, each party to bear own costs – Vexatious Proceedings Act 3 of 1956, s 2(1)(b).

Solidarity v Cape Peninsula University of Technology and Others (C196/24) [2026] ZALCCT 107 (8 July 2026) LABOUR – Dismissal – Incapacity – Ill-health – Employee dismissed by CPUT after incapacity enquiry conducted in her absence while on sick leave – Commissioner found dismissal procedurally unfair but substantively fair – Review brought under section 145 of LRA – Court held employer failed to investigate reasonable accommodation and alternatives, including medical boarding – Reliance on historical transfers insufficient – Commissioner misdirected herself in law and fact – Award set aside and substituted with finding of substantive unfairness – Compensation of eleven months’ remuneration ordered.

Department of Correctional Services v Kgowe and Others (2026/092263) [2026] ZALCJHB 203 (3 July 2026)
LABOUR – Settlement agreement – Irregularities and self review – Department urgently sought to set aside settlement reinstating dismissed employees with retrospective pay – Court applied legality review under section 158(1)(h), delay partly unreasonable but overlooked in interests of justice – Settlement unlawful as mandatory delegation requiring Finance consultation not followed, authority lacking – Ratification impermissible, nullity cannot be cured – Section 142A enforcement did not shield illegality – Settlement and arbitration award set aside, disputes remitted for fresh arbitration – Labour Relations Act 66 of 1995, s 158(1)(h).

Rotunda Proprietary Limited v Sam (2025/060491) [2026] ZALCCT 105 (1 July 2026)
LABOUR – Restraint – Contempt – Employer sought contempt order against former employee for breaching consent restraint – Alleged solicitation of customers before and after order – Court held pre order conduct irrelevant, but post order solicitation of listed customer constituted clear breach – Use of confidential information and persistence after warning showed wilfulness and mala fides – Contempt proved beyond reasonable doubt – Coercive relief unnecessary as restraint expired, punitive sanction imposed – Fine of R50,000 ordered, with alternative of imprisonment for 30 days.

Mpumalanga Society of Advocates v Judicial Service Commission and Others (1186/2024) [2026] ZASCA 99 (7 July 2026)
PROFESSION – Judge – Appointment – Mpumalanga Society of Advocates appealed dismissal of application to set aside JSC recommendation of candidate for judicial appointment – Objections included unpaid Bar fees, undisclosed debts, alleged dishonesty and temperament concerns – Court held JSC failed to consider material adverse information and acted in ignorance of relevant facts, rendering decision irrational and unconstitutional – High Court erred in dismissing defects – Recommendation reviewed and set aside, matter remitted to JSC for reconsideration, each party to pay own costs.

Legal Practitioners' Indemnity Insurance Fund v Johan Venter & Associates and Another (1524/2024) [2026] ZASCA 95 (3 July 2026)
PROFESSION – Indemnity Fund – Avoidance of liability – Statutory indemnity insurer repudiated claim under cybercrime exclusion clause after attorney paid estate funds into fraudulent account – Arbitration held exclusion inapplicable, award made order of court – Fund sought reconsideration under section 17(2)(f) of Superior Courts Act after refusal of special leave to appeal – Court held threshold not met, arguments rehashed and unsupported, no grave injustice or disrepute shown – Fund’s duty as statutory insurer emphasised to act fairly and pay valid claims – Application struck from roll with costs.

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