22/08/2026
Our August newsletter is out, and this month it is four judgments that all land on the same point. Write things down while everyone still agrees.
First, a cancelled sale. A purchaser took occupation of a Kyalami smallholding before transfer, and while he was there an arsonist burned down the restaurant. Neither party caused the fire, but the agreement placed the risk on him. When the deal collapsed, the court had to work out what fair restoration actually costs. The answer was not the price of a brand new building.
Second, a trust worth over R100 million. In his final years the founder told his family exactly how he wanted the capital shared. He never amended the trust deed. The Supreme Court of Appeal held that the deed governs, not the conversations.
Third, a couple who let out their family home after moving abroad. Their tenant argued the Consumer Protection Act protected him. It did not. But the order telling him to leave was still set aside, because a cancelled lease and an eviction are two separate legal steps.
Fourth, a manager who reported procurement irregularities and was dismissed for breaching an IT policy. The Labour Court saw it for what it was and reinstated him with full back pay.
Four very different disputes. One thread running through all of them.
Swipe through for the short version, or get in touch for the full newsletter.
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