In-depth matters
Selected matters.
A short narrative on selected public-record matters. The full citation list is at Reported judgments.
2015
Stransham-Ford v Minister of Justice and Correctional Services
High Court of South Africa, Gauteng Division (Pretoria)
Junior counsel for the applicant — team led by HB Marais SC
Urgent constitutional application for a declaratory order that a willing medical doctor may assist a terminally ill applicant to end his life without civil, criminal or professional reprisal. Judge Hans Fabricius granted the order on 30 April 2015, finding that the absolute common-law prohibition on assisted suicide unjustifiably limited the applicant's rights to dignity (s 10) and bodily integrity (s 12). Reported as 2015 (4) SA 50 (GP); the SCA appeal is reported as Minister of Justice v Estate Stransham-Ford 2017 (3) SA 152 (SCA).
Read in full2021
Walter and Harck v Minister of Justice and Correctional Services
High Court of South Africa
Counsel for the applicants
Constitutional challenge seeking to decriminalise both physician-assisted suicide and physician-assisted euthanasia, brought by Dr Suzanne Walter (palliative-care medical doctor terminally ill with multiple myeloma) and Diethard Harck (motor-neurone disease). The legal team applied for evidence to be heard de bene esse on commission via Zoom — Judge Neels Claassen presiding — to preserve the litigants' testimony in advance of trial.
Read in full2022
G4S Cash Solutions SA v Zandspruit Cash & Carry
Gauteng Local Division (full court) — Mudau J, Adams J et Dippenaar J
Counsel for the respondents
Full-court appeal in a long-running cash-in-transit case spanning more than a decade and five prior judgments, including a Supreme Court of Appeal decision. Imposters disguised as G4S guards stole cash at the respondents' premises. The appeal turned on whether G4S had a legal duty to disclose stolen uniforms, identification cards, vehicles and prior incidents in the industry. The court found a special contractual relationship gave rise to such a legal duty and partially upheld the appeal only on contributory negligence in respect of the second incident. Reported under reference (A5061/2021; 23675/2012) [2022] ZAGPJHC 7 (6 January 2022).
Read in full2022
SCZ Investments v Swindon Property Services
KwaZulu-Natal High Court (Pietermaritzburg) — Koen J
Counsel for the defendant
Exception in respect of a stipulatio alteri claim for estate-agency commission. The court considered whether the fidelity-fund certificates relied on by the plaintiff's agent were valid for the purposes of sections 26 and 34A of the Estate Agency Affairs Act 112 of 1976. Drawing on the Interpretation Act and a purposive reading of the Act, the court upheld the exception — finding that for a fidelity fund certificate to be valid for commission to vest, it must reflect the agent's employer at the relevant time. Reported as (7909/21P) [2022] ZAKZPHC 63 (27 October 2022).
Read in full2023
Aludar 233 v Unlocked Properties 28
Gauteng Local Division (full court) — Wilson J et Crutchfield J
Counsel for the appellant
Appeal against summary judgment for rent and ancillary charges under a commercial lease where COVID-era regulations under section 27 of the Disaster Management Act had rendered the leased use unlawful for a period. The full court upheld the appeal, finding the impossibility-of-performance and contra-bonos-mores defences fit for trial and following the persuasive authority of World Leisure Holidays v Georges 2002 (5) SA 531 (W). Reported as (A3148/2021) [2023] ZAGPJHC 1297 (14 November 2023).
Read in full2024
Moodliyar and Bedhesi Attorneys v Y.M and Another
Gauteng Local Division (full court) — Mudau J, Dippenaar J et Farber AJ
Counsel for the appellant (plaintiff a quo)
Reportable full-court appeal on prescription and amendment. The first and second defendants had been joined by amendment in their representative capacities (as guardians of their minor child) only after prescription had run on the representative-capacity claim. The court considered whether the original summons (against the same individuals in their personal capacities) had interrupted prescription against the minor child via the substituted representative capacity. The appeal was dismissed on the principle that a litigant in a representative capacity is treated as a different person from the same litigant's personal capacity. Reported as (A2024/016195) [2024] ZAGPJHC 1288 (13 December 2024).
Read in full2025
Dezzo Equipment v Modikwa Rustenburg Platinum Mine Partnership
AFSA arbitration — André Gautschi SC presiding
Counsel for the respondent
Commercial arbitration concerning a payment dispute under multiple invoices, with a point in limine on the validity of the claimant's notice of dispute under the AFSA-referral arbitration clause. The point turned on whether a globular notice that did not identify which invoices were in dispute satisfied the clause's particularity requirement and on the period within which referral to AFSA had to follow. Award delivered 11 April 2025; the point in limine was dismissed.
Read in full
Briefing on a matter in a similar field?
Send a briefReported matters listed are those in public legal record. Other matters are subject to client confidentiality and not listed.