Legal Info

Socialist Agenda of Dispossessed Africans v Minister of Cooperative Governance and Traditional Affairs (CCT 279/23) [2025] ZACC 26 (20 November 2025)
Local Government: Municipal Structures Act 117 of 1998 - section 43(2)(c) - confirmation of constitutional invalidity - executive committee of a municipal council Constitution - sections 19(3)(a) and 160(8) - statutory interpretation - order not confirmed

Public Servants Association and Another v National Prosecuting Authority (NPA) and Others (J1527/17) [2025] ZALCJHB 540 (20 November 2025)
An application to review and set aside a decision not to implement the costs of living adjustments in respect of the Deputy Directors of Public Prosecutions (DDPPs) and Chief Public Prosecutors (CPCs). Section 18(1)(b) of the National Prosecuting Authority (NPA) Act, 32 of 1998 as amended by section 9 of the Judicial Matters Amendment (JMA) Act, No 11 of 2012 interpreted and considered. Jurisdiction of the Labour Court - Court has jurisdictional powers under section 158(1)(h) and section 158(1)(a)(iii) of the Labour Relations Act, No. 66 of 1995 as amended. The common law rule of delay applies and no need to apply for condonation. Held: (1) The application is dismissed. Held: (2) There is no order as to costs.

Ndlovu v PHSDSBC and Others (C536/23) [2025] ZALCJHB 539 (20 November 2025)
ARBITRATION - Awar - Adequate reasons - Failure to engage with substantive merits of dispute - No meaningful assessment of extensive factual disputes was undertaken - Assumed discrimination without legal analysis - Ignored procedural complaints including allegations of bias - Award lacked any systematic reasoning - Deprived parties of a fair hearing - Gross irregularities - Inadequacy of reasons - Rendered proceedings a nullity - reviewed and set aside.

Road Accident Fund v Sarah Wilson Lewis (1209/2023) [2025] ZASCA 174 (18 November 2025)
Constitutional law - whether the refusal of the applicant's application for leave to amend its plea, violated its right to have a dispute capable of resolution by the application of law decided in a fair public hearing before a court, as contemplated in s 34 of the Constitution of the Republic of South Africa - whether the lapsed application for leave to appeal should be reinstated - whether the compromise concluded between the parties was actuated by common incorrect assumption of a present or past fact and therefore void - whether the amendment sought by the applicant was mala fide or not - whether the applicant has demonstrated exceptional circumstances warranting variation of the order refusing leave to appeal - if leave to appeal is granted, whether the judgment of the court a quo should be overturned.

AIG South Africa Limited and Others v Azrapart (Pty) Ltd and Another (898/2024) [2025] ZASCA 172 (14 November 2025)
Insurance law - antecedent insurance agreements - whether the insurance contract falls to be rectified - whether antecedent agreements were concluded between the appellants and the respondents, and if so, what the terms of those antecedent agreements were - whether the insurance policy ought to have been rectified, by the deletion of the clause providing for Infectious and Contagious Disease cover.