The latest news and judgments from Thulamela Chambers and our members
28 June 2024
High Court grants review application brought by the General Council of the Bar and Advocates for Transformation against the tender published by National Treasury inviting legal practitioners to serve on a panel for the office of the State Attorney. Mfundo Salukazana acted for Advocates for Transformation.
13 June 2024
High Court grants an application brought by Simpiwe Hamilton to confirm his appointment as the Group Chief Executive Officer of the Gauteng Growth and Development Agency. Rusty Mogagabe SC acted for Mr Hamilton and Vincent Maleka SC and Thai Scott acted for the MEC for Economic Development, Gauteng.
28 May 2024
Supreme Court of Appeal dismisses AfriForum’s appeal in which it argued that the “Dubula ibhunu, kill the boer” song amounted to hate speech. Mfesane Ka-Siboto acted for the Economic Freedom Fighters.
20 May 2024
High Court dismisses Educor’s application to suspend the decision of the Director General of Higher Education to remove City Varsity and Damelin from the Register of Registered Private Higher Education Institutions. Vas Soni SC acted for Educor and Hephzibah Rajah and Lené Brighton acted for the Director General of Higher Education.
21 February 2024
High Court dismisses the Democratic Alliance’s challenge to the African National Congress’ cadre deployment policy. Vincent Maleka SC appeared for the Government of South Africa and Mfundo Salukazana appeared for the ANC.
11 January 2024
Max du Plessis SC appears for South Africa against Israel at the International Court of Justice in the application of the Genocide Convention.
12 December 2023
Constitutional Court confirms the order of constitutional invalidity made against subsections 22(12) and 22(13) of the Refugees Act, 130 of 1998. Thabang Pooe acted for the amicus curiae, the Consortium for Refugees and Migrants in South Africa.
1 December 2023
Supreme Court of Appeal dismisses an appeal in which minority shareholders of a mining company sought to challenge a share dilution undertaken by the company. Thomas Bokaba SC and Matthew Kruger acted for the company.
1 December 2023
Supreme Court of Appeal dismisses an appeal brought by Ronica Ragavan contesting the power of the business rescue practitioners of Islandsite Investments to represent Islandsite in litigation. Thai Scott acted for the business rescue practitioners of Islandsite.
25 OCTOBER 2023
SCA finds prisoner computer ban unconstitutional – Jason Brickhill and Isabella Kentridge appeared for a prisoner, Mr Ntuli, and Nick Ferreira and Mfundo Salukazana appeared for the Judicial Inspectorate for Correctional Services.
25 OCTOBER 2023
Pretoria High Court sets aside government’s R50m donation to Cuba - Wim Trengrove SC and Hephzibah Rajah appeared for the Department of International Relations.
16 OCTOBER 2023
Pretoria High Court dismisses Minister of Home Affairs’ application for leave to appeal ZEP judgment - Carol Steinberg SC, Chris McConnachie and Ziphozihle Raqowa appeared for the Helen Suzman Foundation.
13 October 2023
Supreme Court of Appeal dismisses former President Jacob Zuma’s appeal against the High Court’s decision which interdicted his private prosecution against Adv Billy Downer and Ms Karyn Maughan. Hephzibah Rajah acted for Adv Billy Downer.
13 October 2023
High Court grants the Legal Practice Council’s application for contempt of court against Malesela Daniel Teffo. Vincent Maleka SC, Mfesane Ka-Siboto and Sinako Lindazwe appeared for the LPC.
15 September 2023
Supreme Court of Appeal dismisses an appeal against a constitutional challenge to the Financial Sector Regulation Act, 9 of 2017. Leah Gcabashe SC acted for the Financial Services Conduct Authority.
6 September 2023
High Court directs the Minister of Public Enterprises to take a decision regarding the sale of Mango Airlines to an investor. Vincent Maleka SC and Thai Scott appeared for Mango Airlines and its business practitioner and Natalie Buthelezi appeared for NUMSA.
3 JULY 2023
High Court sets aside gag order obtained by Moti group against Amabhungane Centre for Investigative journalism - Vincent Maleka SC acted for the Moti Group and Daniel Sive acted for Corruption Watch.
28 JUNE 2023
High Court declares Minister of Home Affairs’ decision to terminate the Zimbabwean Exemption Permit unlawful - Chris McConnachie and Zipho Raqowa appeared for the Applicants
7 JUNE 2023
Former President Jacob Zuma’s private prosecution against Karyn Maughan and Billy Downer set aside - Hephzibah Rajah appeared for Downer
30 MAY 2023
Constitutional Court confirms that parties can access tax records in the public interest - Wim Trengrove SC appeared for SARS
23 May 2023
Windhoek High Court interdicts the Minister of Mines and Energy from cancelling the mining licenses of Xinfeng Investments, a Chinese Lithium miner. Vincent Maleka SC and Thai Scott appeared for Xinfeng.
10 MAY 2023
Constitutional Court reserves judgment on challenge to Divorce Act, which currently prevents persons married out of community of property without accrual from claiming from the other spouse’s estate if they were married post-1984 - Wim Trengrove SC appeared for the one of the applicants
10 MAY 2023
Vincent Maleka SC appeared for Judge Makhubele at the Judicial Conduct Tribunal against the Judge
5 MAY 2023
Pretoria High Court directs Minister of Public Enterprises to provide electricity to all public health establishments, public schools and police stations - Max du Plessis SC, Adila Hassim SC, Carol Steinberg SC and Catherine Kruyer appeared for various parties.
5 MAY 2023
Thulamela Womxn and the Centenary of the Women Legal Practice Act of 1923 On 25 April 2023, the Johannesburg High Court held a ceremonial sitting to commemorate the centenary of the Women Legal Practice Act of 1923 which permitted women to be admitted as legal practitioners in South Africa. Thulamela Chambers was well represented – with the Chair of our Group and fifteen Thulamela members and pupils attending. We were proud that four of the judges sitting as part of the bench were previously members of the Group including the Honourable Justice Keightley who delivered the main address. Thulamela member, and previous Chair of the Group, Kgomotso Moroka SC was honoured at the event and invited to share her experiences as one of the first black woman advocates to achieve silk status at the Johannesburg Bar. Read more about the event and the ceremonial sitting in the Pretoria High Court
21 APRIL 2023
Supreme Court of Appeal finds display of old South African flag constitutes hate speech - Wim Trengrove SC appeared for the South African Human Rights Commission
17 APRIL 2023
Carol Steinberg represents the General Council of the Bar in the Judicial Service Commission interviews to fill vacancies in the superior courts 17 APRIL 2023
17 APRIL 2023
Judgment reserved in ZEP case which seeks to review Minister of Home Affairs’ decision not to renew the Zimbabwean Exemption Permit - Chris McConnachie and Ziphozile Raqowa appeared for the Helen Suzman Foundation.
24 March 2023
Supreme Court of Appeal dismisses an appeal confirming that the High Court does not have jurisdiction to determine grounds of review raised against an assessment issued by the Commissioner of SARS. Lindelani Sigogo SC acted for SARS.
20 MARCH 2023
Billy Downer and Karyn Maughan seek to review and set aside former President Zuma’s application to privately prosecute them - Max du Plessis SC, Kate Hofmeyr SC, Hephzibah Rajah and Catherine Kruyer appear for Downer and various amicus curiae.
7 MARCH 2023
Hannine Drake and Lerato Molete appeared in the Constitutional Court for the Institute for Retirement Funds Africa on whether pension funds may pass retroactive amendments to their rules.
27 FEBRUARY 2023
Chris McConnachie and Thabang Pooe appear for Centre of Child Law at SCA in case seeking to get corporal punishment case against two teachers reheard.
7 FEBRUARY 2023
Eastern Cape High Court develops “once and for all” rule to allow the Department of Health to provide for future medical care instead of paying a lump sum in medical negligence cases - Emma Broster and Annabel Raw appeared.
2 FEBRUARY 2023
Class action brought against Anglo-American in respect of alleged lead poisoning at Kabwe Mine, Zambia - Gilbert Marcus SC, Kate Hofmeyr SC, Chris McConnachie, Karabo van Heerden, Ingrid Cloete and Thabang Pooe appeared in the certification hearing.
24 JANUARY 2023
DA challenges ANC’s cadre deployment policy - Vincent Maleka SC, Adila Hassim SC and Mfundo Salukazana appeared
3 JANUARY 2023
SCA upholds DA’s ‘toilet interview’ appeal - Nick Ferreira and Ingrid Cloete acted for the DA
21 NOVEMBER 2022
SCA finds Correctional Services Commissioner’s decision to release former President Jacob Zuma on medical parole unlawful - Catherine Kruyer appeared for the Helen Suzman Foundation.
10 NOVEMBER 2022
Judgment reserved in review of LPC’s dismissal of misconduct complaint in lotto fraud saga - Nick Ferreira and Katherine Harding-Moerdyk appeared for GroundUp News and its journalists.
25 OCTOBER 2022
High Court sets aside motion of no confidence against City of Johannesburg’s Executive Mayor, Mpho Phalatse - Carol Steinberg SC and Sinako Lindazwe appeared for Phalatse and the DA.
7 OCTOBER 2022
The JSC recommends our Stuart Wilson for appointment to the Gauteng Division of the High Court.
29 SEPTEMBER 2022
Constitutional Court confirms section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 is inconsistent with the Constitution and invalid to the extent that it criminalises the use and/or possession of cannabis by a child - Hephzibah Rajah and Natalie Buthelezi appeared for the State Attorney.
29 SEPTEMBER 2022
Judgment reserved in AfriForum's 'Kill the Boer' application for leave to appeal case - Mfesane Ka-Siboto acted for the EFF
30 JUNE 2022
Junior members Karabo van Heerden and Sinako Lindazwe were included in the Mail & Guardian 200 Young South Africans 2022 in the Law & Justice category
29 JUNE 2022
High Court interdicts Al Jama-ah from defaming General Shadrack Sibiya: Deidre Goosen acted for Sibiya and Cara Shahim acted for Al Jama-ah.
28 JUNE 2022
The Constitutional Court ruled that the determination by the Minister of Communications & Digital Technologies of the final switch-off date of South Africa’s analogue broadcast signal on 31 March 2022 is unconstitutional and invalid and is set aside. It also ruled that the Minister’s imposition of a 31 October 2021 deadline for registration for government assistance in procuring set-top boxes is unconstitutional and invalid and is set aside – Gilbert Marcus SC appeared for e.tv and Nick Ferreira and Katherine Harding-Moerdyk appeared for Media Monitoring Africa and SOS Support Public Broadcasting
31 MAY 2022
Eastern Cape High Court hears review application to set aside permission for Shell’s seismic exploration: Nick Ferreira and Cingashe Tabata appeared for Natural Justice and Green Peace.
5 MAY 2022
High Court dismisses Western Cape Judge President Hlophe’s application to set aside the Judicial Conduct Tribunal’s findings of gross misconduct against him - Vincent Maleka SC and Mfundo Salukazana appeared for the JSC and Gilbert Marcus SC appeared for the Judges of the Constitutional Court.
28 APRIL 2022
The Constitutional Court reserves judgment in two applications by foreign lawyers to practise law in South Africa: Kgomotso Moroka SC and Anisa Keery acted for the Minister of Justice, Gilbert Marcus SC, Chris McConnachie and Ammara Cachalia acted for the Scalabrini Centre, and Thabang Pooe acted for the International Commission of Jurists.
21 MARCH 2022
Adila Hassim facilitates a discussion between Retired Deputy Chief Justice Dikgang Moseneke and Advocate Tembeka Ngcukaitobi on “The Constitution, a doorway to freedom or a barrier change”.
16 FEBRUARY 2022
Vincent Maleka SC acts for the JSC and Gilbert Marcus SC for various Constitutional Court judges against Hlophe J’s application to set aside the JSC’s findings against him.
7 FEBRUARY 2022
The Pretoria High Court Rules that Please Call Me inventor, Nkosana Makate, is entitled to 5% of total voice revenue generated for the period of March 2001 to March 2021 by his invention – Gilbert Marcus SC and Thai Scott appeared for Mr Makate and Wim Trengove SC and Annabel Raw appeared for Vodacom.
4 FEBRUARY 2022
The SCA upheld the appeal in the class action against Tiger Brands and determined that a number of subpoenas issued by Tiger Brands in respect of third parties would not be of assistance to the court and, accordingly, set aside the issued subpoenas – Wim Trengove SC and Kate Hofmeyr SC appeared for the respondent, Tiger Brands.
1 FEBRUARY 2022
The Pretoria High Court dismissed an application declaring sections 154, 167 and 231 of the Financial Sector Regulations Act, 9 of 2017 unconstitutional – Leah Gcabashe SC appeared for the second respondent, the Minister of Finance.
31 JANUARY 2022
Bonita Meyersfeld admitted as amicus curie in The Prosecutor v Dominic at the International Criminal Court.
31 JANUARY 2022
The Johannesburg High Court ruled that Peter Moyo had failed to prove his case that Old Mutual had acted in a wrongful manner or caused him contractual or reputational damages - Old Mutual and its directors were absolved from the instance, with Moyo to pay costs of two senior counsel and junior counsel. A number of our members appeared for various parties – Vincent Maleka SC and Nicole Mayet appeared for Old Mutual and Wim Trengove SC and Hepzibah Rajah appeared for Trevor Manuel and other directors of Old Mutual.
26 JANUARY 2022
The Pretoria High Court set aside amendments to Umso Construction (Pty) Ltd’s Business Rescue Plain – Lunga Siyo acted for the respondents.
26 JANUARY 2022
A full court of the Pretoria High Court upheld an appeal launched by Mobile Telephone Networks (Pty) Ltd against the judgment ordering the company to furnish documents in terms of the Promotion of Access to Information Act, 2 of 2000 – Thanyani (Kenny) Manyage appeared for the appellant.
25 JANUARY 2022
The Pretoria High Court granted Steinhoff International Holdings (Proprietary) Limited’s application to review and set aside the Competition Commission’s decision to refer a price fixing complaint to the Competition Tribunal - Isabella Kentridge appeared for the Commission.
25 JANUARY 2022
Rudolf Maastenbroek appeared in the High Court in a shareholder dispute launched in terms of section 163 as read with section 165 of the Companies Act, 71 of 2008 for the recovery of damages.
5 JANUARY 2022
The Pretoria High Court dismissed an urgent application launched by a Body Corporate against residents refusing access to replace aged water pipes - Natalie Chesi-Buthelezi appeared for the respondents.
5 JANUARY 2022
The SCA set aside the costs orders of the court a quo and dismissed the remainder of the appeal launched by erstwhile officers of the South African Military Health Services (SAMHS) against the decision of the full court of the High Court ordering that the decision to terminate the officers’ employment was not unlawful or invalid – Gilbert Marcus SC and Chris McConnachie appeared for the officers.
17 DECEMBER 2021
Angus McKenzie appeared in the SCA on behalf of Macsteel Tube and Pipe, a division of Macsteel Service Centres SA (Pty) Ltd, in a bid to overturn the judgment of the Johannesburg High Court allowing an amendment of the quantification of the plaintiff’s claim and the defendant’s citation.
17 DECEMBER 2021
The Competition Appeal Court upheld the appeal of Aranda Textile Mills (Pty) Ltd and Mzansi Blanket Supplies (Pty) Ltd and set aside and replaced the Tribunal’s order with an order dismissing the complaint referral against Aranda Textile Mills (Pty) Ltd and Mzansi Blanket Supplies (Pty) Ltd - Hannine Drake appeared for the Commission.
14 DECEMBER 2021
The North West Gambling Board bid to appeal the decision of the North West High Court failed – the SCA dismissed its application to condone the late filing of the record and their heads of argument – Nick Ferreira appeared for the respondent, Sun International (SA) Limited.
7 DECEMBER 2021
The Constitutional Court dismissed an appeal lodged by residents of Ekurhuleni and Thembisa against the decision of the High Court refusing their application for constitutional damages for the infringement of the residents’ rights of access to adequate housing in terms of section 26(1) of the Constitution - Stuart Wilson appeared for the residents and Hannine Drake appeared for the respondents, including the Ekurhuleni Metropolitan Municipality.
3 DECEMBER 2021
The SCA upheld an appeal by the Clicks Group against the decision of the Western Cape High Court that Clicks had contravened the Pharmacy Act, 53 of 1974. The SCA held that the Clicks Group represented a separate and different juristic person. Wim Trengove SC appeared for the Clicks Group.
2 DECEMBER 2021
The Pretoria High Court upheld AmaBhungane Centre for Investigative Journalism’s application to challenge the constitutionality of the Executive Member’s Code of Ethics and the duties of members to disclose donations made to election campaigns – Wim Trengove SC acted for the President.
29 NOVEMBER 2021 – 7 DECEMBER 2021
The Competition Tribunal heard arguments by the Competition Commission in its joinder application - the Commission seeks to add a further nine banks as respondents in the main complaint referral, namely: HSBC Bank USA N.A Inc, Merrill Lynch Peirce Fenner & Smith Inc, Bank of America N.A, Credit Suisse Securities (USA) LLC, Nedbank Group Ltd, Nedbank Ltd, FirstRand Ltd, FirstRand Bank Ltd and Standard Americas Inc – Frances Hobden, Cingashe Tabata, Isabella Kentridge, Hannine Drake and Mehluli Nxumalo appeared on behalf of the Competition Commission.
21 NOVEMBER 2021
The NPA is appealing the finding of the High Court, which rescinded a provisional order to freeze the assets of Eric Wood, Magandheran Pillay and Litha Nyhonyha in respect of Regiments Capital’s dealings with Transnet SOC Ltd. Vincent Maleka SC and Angus McKenzie appeared for Regiments Capital and their respective owners.
12 NOVEMBER 2021
The Constitutional Court dismissed Mr Khosikhulu Toni Peter Mphephu-Ramabulana’s application for the late filing of his appeal against the SCA’s judgment reviewing and setting aside the identification and recognition of Mr Mphephu-Ramabulana’s as the King of the VhaVenda people and remitted the review to the High Court for a re-hearing - Siphokazi Poswa-Lerotholi SC appeared for the appellant.
2 NOVEMBER 2021
The Pretoria High Court dismisses Trencon’s application to review the tender for the redevelopment of the Ga-Rankuwa Shopping Centre in Pretoria - Cingashe Tabata appeared for the Public Investment Corporation SOC Ltd and the Government Employees Pension Fund.
26 OCTOBER 2021
The Pietermaritzburg High Court dismissed former president Mr Jacob Gedleyihlekisa Zuma’s special plea to remove Mr William Downer as a prosecutor in the case and directed that the trial in respect of the not guilty pleas of Mr Zuma and Thales South Africa (Pty) Ltd proceed - Wim Trengove SC led the prosecution team.
22 OCTOBER 2021
The Constitutional Court confirmed the declaration of constitutional invalidity of section 13(7)(c) of the South African Police Service Act, 68 of 1995 – a provision that authorises warrantless searches - Stuart Wilson was briefed to appear by SERI Law Clinic on behalf of the applicants.
21 OCTOBER 2021
Adila Hassim appears for ActionSA at Electoral Court to compel IEC to add its name to ward ballot papers.
7 OCTOBER 2021
The SCA dismissed Santam’s appeal against the Western Cape High Court decision on the applicable business interruption period – the HC held that the applicable period was 18 months, whereas Santam argued that it was only 3 months – Porchia Long appeared for the respondents, Santam’s clients.
4 OCTOBER 2021
The SCA dismissed the Auditor General’s (AG) appeal and upheld the High Court’s decision providing that, inter alia, the classification of payments by the Department of Economic Opportunities in the Western Cape was correctly classified and that the provisions of PAJA are not applicable to the AG - Cingashe Tabata appeared for the MEC of the Economic Opportunities in the Western Cape.
4 OCTOBER 2021
The Constitutional Court finds that the Gauteng Executive Council’s decision to dissolve the City of Tshwane’s Metropolitan Municipal Council in terms of section 139(1)(c) of the Constitution was unlawful - Cingashe Tabata was briefed to appear for the Premier of Gauteng as well as the executives and Nick Ferreira was briefed to appear for the Democratic Alliance and others.
1 OCTOBER 2021
Susannah Cowen SC recommended for appointment as a Judge in the Gauteng Division of the Land Claims Court and Thandi Norman SC recommended for appointment as a Judge in the Eastern Cape Division of the High Court.
1 OCTOBER 2021
Tshepiso Mphahlane acted for former minister Bathabile Dlamini in her perjury case
23 SEPTEMBER 2021
In a landmark judgment, the SCA defined the various principles upon which asylum applications ought to be heard, held that the decisions of the Refugee Appeal Board (RAB) fell within the ambit of PAJA, upheld the appeal of eight Somali refugee seekers, reviewed the decisions of the RAB dismissing the refugees’ asylum seeker applications, set it aside and remitted the matters to the RAB, to be dealt with afresh - Nick Ferreira and Chris McConnachie appeared for the refugees and were briefed by Lawyers for Human Rights.
22 SEPTEMBER 2021
The Constitutional Court confirms the decision of the High Court, that section 10 of the Births and Deaths Registration Act, 51 of 1992 is unconstitutional (and severed from the Act) as it prohibits unmarried fathers from registering their children under their name – Nosisa Kekana appeared for the applicant, the Centre for Child Law.
22 SEPTEMBER 2021
The Constitutional Court confirms the decision of the High Court, that section 10 of the Births and Deaths Registration Act, 51 of 1992 is unconstitutional (and severed from the Act) as it prohibits unmarried fathers from registering their children under their name – Nosisa Kekana appeared for the applicant, the Centre for Child Law.
21 SEPTEMBER 2021
The SCA upheld an appeal by JP Markets SA (Pty) Ltd overturning an order for liquidation and held, inter alia, that there are no requirements that an investigation has to be completed prior to the and application for winding-up by the Financial Sector Conduct Authority under section 96 of the Financial Markets Act, 19 of 2012; but that the winding-up was not just and equitable – Porchia Long appeared for the appellants.
13 SEPTEMBER 2021
The Johannesburg High Court dismisses Ace Magashule’s application for leave to appeal the judgment dismissing his application to uplift his suspension – Wim Trengove SC appeared for the President, Cyril Ramaphosa, Jessie Duarte and the ANC.
3 SEPTEMBER 2021
Wim Trengove SC, Isabella Kentridge and Thabang Pooe appeared for the IEC before the Constitutional Court in a bid to postpone local government elections in light of, amongst others, the Covid-19 pandemic.
24 AUGUST 2021
Independent Electoral Commission applies to Constitutional Court to postpone local elections: Wim Trengrove SC, Isabella Kentridge and Thabang Pooe acted for the IEC and Max du Plessis SC acted for the Democratic Alliance.
16 AUGUST 2021
The Land Claims Court grants the Mavundla Community, the claimants, leave to appeal to the SCA against its judgment dismissing their claim for the restoration of their rights to land in terms of the Restitution of Land Rights Act, 22 of 1994 – Siphokazi Poswa-Lerotholi SC appeared for the claimants.
8 AUGUST 2021
Chris McConnachie, brief by Section 27, appeared in the Limpopo High Court in a bid to enforce the terms of a structural interdict, i.e to provide adequate school sanitation facilities to learners attending public schools in Limpopo and to eradicate pit latrines. Hasina Cassim appeared for Equal Education, an amicus curiae of the court.
30 JULY 2021
Constitutional Court finds inter alia that former journalist Jon Qwelane’s article constituted hate speech in terms of section 10(1) of PEPUDA. A number of our counsel appeared in the case for various parties: Wim Trengrove SC, Carol Steinberg SC, Ingrid Cloete, Mfundo Salukazana, Kate Hofmeyr SC, Danie Smit, Hasina Cassim, Lucelle Buchler, Frances Hobden, Bonita Meyersfeld, and Gilbert Marcus SC.
23 JULY 2021
The Constitutional Court finds Minister Lindiwe Sisulu’s approval of tariff increases unlawful - Kgomotso Moroka SC appeared for the Minister.
21 JULY 2021
The Labour Court (Johannesburg) dismissed a review application for, inter alia, lack of jurisdiction – Harriet Mutenga appeared for the second respondent, the Director General of the Department of Public Works.
20 JULY 2021
Pretoria High Court dismisses EFF’s bid to unseal Ramaphosa’s CR17 bank statements – Wim Trengove SC appeared for President Cyril Ramaphosa.
19 JULY 2021
Adila Hassim SC and Thabang Pooe appeared for Section 27, representing the families of the mental healthcare patients who died during the Life Esidimeni tragedy in 2017, before the inquest launched by the NPA in the Pretoria High Court.
19 JULY 2021
Pietermaritzburg High Court grants former president Jacob Zuma a postponement to 10 August 2021 in the arms deal corruption case, in which he is being tried alongside French arms manufacturer Thales - Wim Trengove SC and Hepzibah Rajah appeared for the state.
12 JULY 2021
The Constitutional Court heard former president Jacob Zuma’s application to rescind the court’s order declaring that he was in contempt of court and sentencing him to 15 months’ imprisonment – Max du Plessis SC was briefed to appear for the amicus curiae, the Helen Suzman Foundation.
09 JULY 2021
The Pietermaritzburg High Court dismisses former president Jacob Zuma’s urgent application to stay the execution of the warrant of arrest issued by the Constitutional Court – Max du Plessis SC appeared for the amicus curiae, the Helen Suzman Foundation.
09 JULY 2021
Ace Magashule’s application to set aside his suspension was dismissed by the Johannesburg High Court, in a unanimous decision, finding that the ANC’s precautionary suspension clause for members charged with corruption is constitutional - Wim Trengove SC appeared for the President, Cyril Ramaphosa, Jesse Duarte and the ANC.
01 JULY 2021
The Supreme Court of Appeal rules that lockdown regulations are valid and constitutional - Wim Trengove SC, Adila Hassim SC and Ingrid Cloete acted on behalf of the Minister of Cooperative Governance and Traditional Affairs.
01 JULY 2021
The Constitutional Court rejected public protector Busisiwe Mkhwebane’s appeal against a high court judgment, which found that her report into President Cyril Ramaphosa’s campaign funding contained errors in law – with the top court also expressing concern about Mkhwebane’s ‘quality of reasoning’ - Wim Trengove SC was briefed to appear for the President, Cyril Ramaphosa, and Gilbert Marcus SC was brief to appear for the amicus curiae, Freedom under Law.
29 JUNE 2021
In a majority decision of the Constitutional Court, former president Jacob Zuma was declared to be guilty of the crime of contempt of court for failure to comply with its previous order and was sentenced to undergo 15 month’s imprisonment - Max du Plessis SC appeared for the amicus curiae, the Helen Suzman Foundation.
29 JUNE 2021
Eskom Holding SOC Limited’s application to set aside the irregular and unlawfully awarded fuel supply deal with Econ Oil & Energy (Pty) Ltd was granted by the Johannesburg High Court. Wim Trengove SC and Carol Steinberg were briefed by Eskom.
25 JUNE 2021
The Supreme Court of Appeal rules in favour of Standard Bank and sets aside the decision by the Johannesburg High Court, ruling that the High Court must entertain matters within its territorial jurisdiction that fall within the jurisdiction of the Magistrates’ Courts, or brought before it, because it has concurrent jurisdiction with the Magistrates’ Court – Kate Hofmeyr SC with Amy Armstrong appeared for Standard Bank.
21 JUNE 2021
The SCA dismissed Joao Rodrigues’ appeal of the High Court’s decision, where a full bench dismissed Mr Rodrigues’ application to have the criminal proceedings instituted against him in respect of the murder charge related to the death of the late Mr Ahmed Essop Timol, on 27 October 1971, at John Vorster Square Police Station declared unconstitutional, unlawful and to order a permanent stay of the proceedings – Thai Scott acted for the fourth respondent and Bonita Meyersfield acted for the first amicus curiae.
17 JUNE 2021
The SCA dismissed the Black Eagle Project’s appeal to set aside and review the MEC’s decisions to grant a developer exemption from applying for environmental authorisation for changing land use from “agricultural or undetermined to any other land use” in terms of the Environmental Conservation Act 1989 - Angus McKenzie appeared for the Black Eagle Project.
17 JUNE 2021
The Pretoria High Court ruled that a letter of recommendation contemplated in terms of section 239(1) of the Children’s Act, 38 of 2005, whether it recommends, does not recommend or is even absent, does not oust the jurisdiction of the Children’s Court to consider and adjudicate upon an adoption application – Makhosi Gwala SC appeared for the state.
15 JUNE 2021
The Johannesburg High Court dismissed Polokwane City and TS Sporting Football Club’s applications to review the awards handed down by two independent arbitrators under the auspices of the South African Football Association’s rules, which outcome would affect which teams would be promoted to the Premier League and which clubs must take part in the playoffs - Frank Mathibedi SC and Nosisa Kekana appeared on behalf of the SAFA.
30 MAY 2021
The Pretoria High Court dismissed the application to review and set aside the findings made against General Victoria Mangwashi Phiyega by the Marikana Commission of Inquiry - Kgomotso Moroka SC appeared for the Marikana Commission of Inquiry.
27 MAY 2021
Wim Trengrove SC and Hephzibah Rajah briefed to represent state in reply to former President Zuma’s special plea to remove Prosecutor Downer
19 MAY 2021
Wim Trengrove SC tasked to lead President Ramaphosa’s team in case about ANC Secretary-General Ace Magashule’s suspension
19 MAY 2021
The Pretoria High Court ruled that an exemption granted by ICASA to Primedia (Pty) Ltd in terms of section 49 of the Independent Broadcasting Authority Act, 153 of 1993 did not cease to exist or expire upon the expiry of the commercial broadcasting licensed controlled by Primedia - Thabang Pooe appeared for the applicant, Primedia (Pty) Ltd.
13 MAY 2021
The Constitutional Court granted the Competition Commission’s leave to appeal the Competition Appeal Court’s judgment, setting the CAC’s judgment aside and reviving the decision of the Competition Tribunal. Cingashe Tabata and Isabella Kentridge appeared for the Competition Commission.
04 MAY 2021
‘Please Call Me’ inventor Nkosana Makate has launched proceedings in the High Court of Johannesburg seeking billions from Vodacom – Gilbert Marcus SC appeared for Mr Makate and Wim Trengove SC together with Annabel Raw appeared for Vodacom.
9 APRIL 2021
The Judicial Conduct Commission has found Western Cape Judge President John Hlophe guilty of gross misconduct when he tried to sway two justices of the Constitutional Court in a pending matter linked to the corruption case against former president Jacob Zuma - Gilbert Marcus SC and Thandi Norman SC appeared for Justices Nkabinde and Jafta.
9 APRIL 2021
Johannesburg High Court declares eviction of occupants from a property in Dunkeld unlawful – Stuart Wilson acted for SERI (representing the occupants)
8 APRIL 2021
The Supreme Court of Appeal finds that the High Court has jurisdiction to hear a review application by Group Five, dismissing appeal by the Competition Commission – Anthony Gotz SC acted for Group Five
7 APRIL 2021
The Supreme Court of Appeal dismisses the Helen Suzman Foundation’s bid for leave to appeal against the decision of the High Court to make the settlement agreement entered into between Robert McBride, the Minister of Police and the Portfolio Committee on Police an order of court – Max du Plessis SC acted for HSF
1 APRIL 2021
The Constitutional Court upholds Freedom Under Law’s application to direct SASSA and Cash Paymaster Service (Pty) Limited to file audited statements and to allow chartered accountants free access to them – Gilbert Marcus SC acted for the applicant, FUL
31 MARCH 2021
Court orders National Arts Council to pay National Arts Festival R3.4m within 72 hours: Nada Kakaza acted for the NAF
31 MARCH 2021
Pretoria High Court dismisses application to review a determination by the Pension Funds Adjudicator: Hannine Drake acted for the applicants
26 MARCH 2021
High Court of Pretoria orders that section 18(1) – (3) of the Births and Deaths Registration Act and the regulations are inconsistent with the Constitution and invalid to the extent that they exclude the issuance of a still-birth notice in the case of a pregnancy loss other than a still-birth – Frances Hobden acted for two amicus curiae – the Women’s Legal Centre Trust and Wish Associates
25 MARCH 2021
Max du Plessis SC appeared for the amicus curiae, the Helen Suzman Foundation, in the Constitutional Court in support of the application launched by the Secretary of the Commission of inquiry into Allegations of State Capture to declare that former president Jacob Zuma was in contempt of court.
24 MARCH 2021
Pretoria High Court grants Democratic Alliance’s application against the Minister of Co-Operative Governance finding that the Minister’s powers in terms of section 27(1) of the Disaster Management Act are unconstitutional, but suspending the declaration of invalidity for a period of two years to enable Parliament to amend the DMA: Wim Trengove SC and Adila Hassim acted for the Minister
16 MARCH 2021
High Court hears the EFF’s bid to unseal the banking records of the CR17 campaign: Wim Trengove SC acted for the CR17 campaign
11 MARCH 2021
Labour Court hears urgent application by Lieutenant-General Peter Jacobs, Brigadier Albo Lombard, Colonel Isaac Walljee, Colonel Manogaran Gopal and Major-General Mapermisa Lekalakala to stop SAPS process: Thabang Pooe acted for the National Commissioner Khehla Sitole
1 MARCH 2021
High Court of Pretoria grants SARS’ application confirming a provisional preservation order with costs: Lindelani Sigogo acted for the respondents in the matter
23 FEBRUARY 2021
Constitutional Court hears appeal lodged by the Competition Commission to reinstate complaint proceedings against Beefcor (Pty) Ltd: Cingashe Tabata and Isabella Kentridge appeared for the Competition Commission
22 FEBRUARY 2021
Johannesburg High Court sets aside the winding-up of Regiments Capital (Pty) Ltd for the purposes of, amongst others, assessing its tax liabilities, paying certain entities and granted an anti-dissipation order restricting Regiments from dissipating certain assets, with costs: Vincent Maleka SC, Angus McKenzie and Thai Scott acted for the applicants
19 FEBRUARY 2021
High Court of Pretoria grants the defendant’s application for absolution from the instance in respect of a monetary claim in the matter between the MEC Provincial Treasury, Provincial Government of Limpopo against Magnum Simplex International (Pty) Ltd: Phillip Mokoena SC acted for the defendant, Magnum
19 FEBRUARY 2021
Court turns down Liberty Fighters Network’s application to have State of Disaster declared invalid: Wim Trengove SC, Adila Hassim and Ingrid Cloete acted for Minister NDZ
18 FEBRUARY 2021
Constitutional Court hears application by residents of the Winnie Mandela Informal Settlement who demand compensation for Ekuruleni Municipality's failure to deliver RDP housing: Stuart Wilson and Hanine Drake both appeared
18 FEBRUARY 2021
Independent Regulatory Board for Auditors (IRBA) disciplinary hearing against former auditors of the failed Sharemax property syndication scheme is postponed: Kate Hofmeyr and Ingrid Cloete act for IRBA
18 FEBRUARY 2021
The Constitutional Court hears application for leave to appeal against a judgement of the North Gauteng High Court that dismissed a community’s claim for constitutional damages from the Ekurhuleni Metropolitan Municipality for the breach of the right of access to adequate housing: Stuart Wilson acted for the community and Hannine Drake acted for the municipality
15 FEBRUARY 2021
Dudu Myeni’s application for leave to appeal to the SCA is struck from the roll - Carol Steinberg, Chris McConnachie and Nada Kakaza acted for OUTA and the SAA Pilots’ Association
9 FEBRUARY 2021
Supreme Court of Appeal dismisses application for leave to appeal in the bid to stop Tendele Coal Mining (Pty) Ltd from illegally mining coal at the Somkhele Mine in Mtubatuba, KwaZulu-Natal: Max du Plessis SC acted for the amicus curiae – the Centre for Environmental Rights
28 JANUARY 2021
ConCourt orders former president Jacob Zuma to obey all summonses and directives lawfully issued by the State Capture Commission - Max du Plessis SC acted for the Helen Suzman Foundation
28 JANUARY 2021
High Court of Pretoria grants the application by Freedom Under Law to issue legal proceedings against Judge Nkola Motata citing the retired judge as a respondent in review proceedings instituted against the Judicial Service Commission in terms of section 47(1) of the Superior Courts Act: Carol Steinberg acted for FUL
22 JANUARY 2021
Gauteng health MEC Bandile Masuku challenges the Special Investigating Unit’s (SIU’s) findings against him in its investigation into the province’s Covid-19 PPE scandal: Vincent Maleka SC acted for the SIU
22 JANUARY 2021
Thales loses bid to have racketerring charges withdrawn: Wim Trengove SC acted for the NPA
19 JANUARY 2021
Council for Medical Schemes Panel releases interim report - finds racial profiling by major medical aid schemes: Adila Hassim was one of the panel members
19 JANUARY 2021
Pretoria High Court finds that there is a dispute of fact in dispute regarding repayment of an oral loan agreement and refers the matter to trial: Amy Armstrong acted for the applicant
15 JANUARY 2021
Competition Tribunal finds that Belfa Fire (Pty) ltd and Cross Fire Management (Pty) Ltd contravened section 4(1)(b)(i) – (iii) of the Competition Act : Anthony Gotz SC acted for Cross Fire
12 JANUARY 2021
Wim Trengrove SC, Adila Hassim and Ingrid Cloete appears for Minister NDZ in the Liberty Fighters Network's latest challenge to lockdown regulations
8 JANUARY 2021
High Court dismisses an urgent application with costs launched by the South African Policing Union and others against the Minister of Police, the National Commissioner of the South African Police service and the Inspector General of Intelligence to declare their suspensions unlawful: Thabang Pooe acted for the SAPS and the Inspector General of Intelligence
5 JANUARY 2021
High Court dismisses Bosch Home Appliances (Pty) Ltd’s application to review the decisions of ITAC, the Minister of Trade, Industry and Competition and the Minister of Finance to increase the general rate of customs duties on gas stoves: Leah Gcabashe SC and Nosisa Kekana acted for the Minister of Finance
29 DECEMBER 2020
The Constitutional Court granted an order directing former president Jacob Zuma to obey all summonses and directives lawfully issued by the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State - Max du Plessis SC appeared for the third amicus curiae, the Helen Suzman Foundation.
21 DECEMBER 2020
SCA upholds ruling that former Finance Minister Trevor Manuel was defamed by the EFF: Carol Steinberg acted for Manuel
11 DECEMBER 2020
Deloitte partner gets off lightly in African Bank audit case: Danie Smit acted for the auditor
8 DECEMBER 2020
Gilbert Marcus SC and Thandi Norman SC appear for Justices Nkabinde and Jafta in the Judicial Conduct Tribunal’s investigation into Western Cape High Court President John Hlophe
7 DECEMBER 2020
Pravin Gordhan v The Public Protector - High Court hands down judgment in challenge to rogue unit report: Kgomotso Moroka SC and Wim Trengove SC both appeared in the matter
4 DECEMBER 2020
Constitutional Court finds sections of the Correctional Services Act unconstitutional: Nick Ferreira and Mfundo Salukazana acted for the Inspecting Judge for Correctional Services
1 DECEMBER 2020
Carol Steinberg appointed to Roedean School's anti-discrimination committee
27 NOVEMBER 2020
Constitutional Court rules on EFF's challenge to the Riotous Assemblies Act: Stuart Wilson and Cingashe Tabata acted for different parties in the case
24 NOVEMBER 2020
Johannesburg residents challenge warrantless raids in the Constitutional Court: Stuart Wilson acts for the residents
19 NOVEMBER 2020
Victory for Domestic Workers - their exclusion from the ambit of COIDA is unconstitutional: Kgomotso Moroka SC acted for the successful applicants
6 NOVEMBER 2020
SCA hears application by apartheid cop for permanent stay of prosecution in Ahmed Timol case: Bonita Meyersveld acts for the amicus curiae SALC
26 OCTOBER 2020
French arms company, Thales, wants racketeering charges set aside: Wim Trengrove SC acts for the NDPP
22 SEPTEMBER 2020
Full house at the Constitutional Court: Wim Trengrove SC, Gilbert Marcus SC, Kate Hofmeyr, Carol Steinberg, Danie Smit, Frances Hodben, Hasina Cassim, Lucelle Buchler and Bonita Meyersfeld appear in Qwelane hate speech case
15 SEPTEMBER 2020
Central Energy Fund's former CEO under the spotlight for the sale of SA's oil reserves: Gilbert Marcus SC acted for Contango Trading
11 SEPTEMBER 2020
ABSA found liable for damages for unlawful attachment of a customer's bank account: Anthony Gotz SC acted for the successful applicant
2 SEPTEMBER 2020
Vincent Maleka SC acted for the Speaker of Parliament in Covid-19 case brought by the Helen Suzman Foundation
1 SEPTEMBER 2020
Jatheen Bhima acted for the Centre for Child Law in its application before the Constitutional Court arguing that section 10 of the Births and Registration Act is unconstitutional as it disallows the provision of an unmarried father’s surname to a child without the mother’s involvement.
17 AUGUST 2020
Hasina Cassim wins urgent application to secure care for neglected 12 year old child
12 AUGUST 2020
Cape Town’s bid to buy its own renewable energy postponed to allow parties to resolve their differences out of court: Wim Trengove SC, Thandi Norman SC, Adila Hassim, Cingashe Tabata and Nosisa Kekana all appeared
24 JULY 2020
Kate Hofmeyr and Carina du Toit represent a teenage applicant seeking to compel Facebook to provide her with the identity of her harasser
24 JULY 2020
Constitutional Court clarifies time-bar provision in the Competition Act: Cingashe Tabata and Isabella Kentridge acted for the Competition Commission
24 JULY 2020
High Court rules Covid-19 grant should be available to asylum seekers with visas and special permit holders: Cingashe Tabata appeared for the applicants
9 JULY 2020
SCA dismisses IT firm’s R146 million claim against the Premier of the North West Province: Vas Soni SC and Hasina Cassim acted for the Premier
28 MAY 2020
South African History Archives wins SCA appeal in its battle for apertheid era records: Frances Hobden acted for SAHA
11 MARCH 2020
Zuma and Mbalula implicated in Prasa-related testimony before Zondo commission – Vas Soni SC is the evidence leader
11 MARCH 2020
Constitutional Court hears argument on Compensation for Occupational Injuries and Diseases Act: Kgomotso Moroka SC acted for the applicants
10 MARCH 2020
Court sets aside Public Protector’s CR17 Report, Wim Trengove SC and Ndumiso Luthuli acted for Ramaphosa, while Vincent Maleka SC appeared for the EFF
20 FEBRUARY 2020
Constitutional Court hands down judgment in various cases about access to the Competition Commission’s investigative record – Frances Hobden, Isabella Kentridge and Hannine Drake all acted for the Commission
20 FEBRUARY 2020
SCA rules in favour of vehicle rental giant Imperial in ACSA tender dispute – Wim Trengove SC acted for Imperial, while Musa Musandiwa appeared for ACSA
11 FEBRUARY 2020
Kate Hofmeyr grills former head of procurement at SAA Technical about dodgy tender dealings at State Capture Enquiry
4 FEBRUARY 2020
BCX and Dis-Chem backed Vexall at war over pharmacy software – Anthony Gotz SC acted for BCX
28 JANUARY 2020
Adila Hassim is one of the panel members of the inquiry probing allegations of racial profiling of black doctors by medical schemes
24 JANUARY 2020
Wim Trengove SC acted for Thandeka Gqubele-Mmeki and Anton Harber in their defamation case against the EFF
21 JANUARY 2020
I&J denies allegations of ‘cartel conduct’ – Wim Trengove SC acted for I&J
18 DECEMBER 2019
Komape family awarded over R1m for emotional shock in pit latrine case – Vincent Maleka SC, Adila Hassim, Nikki Stein (for the Komape family), Kate Hofmeyr, Hasina Cassim and Amy Armstrong (for the Equal Education Law Centre) all acted in the matter
12 DECEMBER 2019
Eastern Cape High Court finds that SA’s undocumented children have a right to free education, Kate Hofmeyr, Nick Ferreira, Ingrid Cloete, Nikki Stein and Nandi Makhaye acted in the matter
12 DECEMBER 2019
Nick Ferreira, Claire Avidon and Isabella Kentridge appear before the Competition Appeal Court representing foreign banks accused of forex trading price-fixing
12 DECEMBER 2019
Carol Steinberg, Chris McConnachie and Nada Kakaza for OUTA get go-ahead to pursue delinquency application against former SAA chairperson Dudu Myeni
11 DECEMBER 2019
Vincent Maleka SC acts for the Minister of Justice in extradition dispute with Mozambique
5 DECEMBER 2019
Vincent Maleka SC acted for Old Mutual in its appeal against the High Court ruling that Moyo must be reinstated to lead the company and Gilbert Marcus SC appeared for the Old Mutual Board
3 DECEMBER 2019
SCA overturns ex-principal’s conviction over ‘invalid’ search warrant – Nick Ferreira acted for the successful appellant
2 DECEMBER 2019
SCA finds current definition of hate speech unconstitutional and invalid, Carol Steinberg, Kate Hofmeyr, Danie Smit and Hasina Cassim acted for the Psychological Society of SA.
27 NOVEMBER 2019
Carol Steinberg, Chris McConnachie and Nada Kakaza act for OUTA in its case against SAA’s Dudu Myeni
25 NOVEMBER 2019
Wim Trengrove SC, for Pravin Gordhan, is heading to the Constitutional Court for a decision on whether the Court can grant an interim interdict against the Public Protector.
22 NOVEMBER 2019
Thandi Norman SC grills Maite Nkoana-Mashabane at the State Capture Enquiry about her decision to recommend disgraced senior department official Bruce Koloane as SA’s ambassador to The Hague.
16 NOVEMBER 2019
Susannah Cowen SC and Mehluli Nxumalo advise on the constitutionality of the Copyright Amendment Bill
16 NOVEMBER 2019
Constitutional Court finds no valid claims against sureties – Claire Avidon acted for the successful applicant
16 NOVEMBER 2019
Constitutional Court declares sections of Intimidation Act 72 of 1982 unconstitutional – Stuart Wilson and Mkhululi Stubbs acted for the applicants
6 NOVEMBER 2019
Susannah Cowen SC is leading Nikki Stein and Nada Kakaza for the plaintiffs in prison torture case
6 NOVEMBER 2019
Wim Trengrove SC appointed by DoJ as member of elite task team to prosecute state capture crimes
5 NOVEMBER 2019
Capitec shares can be sold to settle state capture losses, court rules – Tom Bokaba SC, Karabo van Heerden, Vincent Maleka SC, Ndumiso Luthuli and Thai Scott all acted in the matter
2 NOVEMBER 2019
Kgomotso Moroka SC was appointed by the President as a panel member at the Mokgoro Inquiry into the fitness of Advocates Jiba and Mrwebi
6 SEPTEMBER 2019
Durban High Court finds former President Zuma’s tweet about Derek Hanekom defamatory, Carol Steinberg and Cingashe Tabata acted for Derek Hanekom
3 JUNE 2019
Pingla Hemraj SC, Bonita Meyersfeld and Thai Scott all acted in Rodrigues’ application for a permanent stay of prosecution