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September 2026

Notes, footnotes and table of authorities

THE BENCH / 025 min read

1. Constitution of the Republic of South Africa, 1996, s 165 (judicial authority; independence; duty of organs of state to assist and protect the courts).

2. Constitution, s 166 (the courts include the Magistrates’ Courts).

3. Constitution, s 174 and s 178 (appointment of judicial officers; Judicial Service Commission).

4. Constitution, s 219 (remuneration of public office-bearers) read with the Independent Commission for the Remuneration of Public Office-Bearers

Act 92 of 1997, especially s 8(4)–8(6).

5. Constitution, s 10 (dignity).

6. Magistrates Act 90 of 1993, including s 12 (remuneration of magistrates, determined by the President and approved by Parliament).

7. Judges’ Remuneration and Conditions of Employment Act 47 of 2001.

8. Magistrates’ Courts Rules, rule 55 (applications), and the common-law duty of utmost good faith on ex parte process.

9. Independent Commission, Annual Remuneration Recommendations for Public Office-Bearers 2025/26 (4.1 percent COLA); Presidency

determination with effect from 1 April 2025; Portfolio Committee on Justice report ATC260225.

10. Presidency packages from 1 April 2025: Chief Justice R3,376,765; Judge of the High Court R2,194,917; Regional Magistrate / Chief Magistrate

R1,578,535; Senior Magistrate R1,308,453; Magistrate R1,209,303.

11. President Cyril Ramaphosa, media statement, 6 August 2026, noting the Second Interim Report of the Madlanga Commission (submitted 29 May

2026; first interim report 17 December 2025; final report due 16 November 2026).

12. Proclamation of the Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System, July

2025, following allegations by Lt-Gen Nhlanhla Mkhwanazi on 6 July 2025. Chair: Justice Mbuyiseli Madlanga. Hearings commenced 17 September

2025.

13. Mr Karikan, interview, Newzroom Afrika / SABC, June 2026 (retirement and accountability).

14. Mr Karikan, statement on the evolution of JASA, February 2026 (the covenant).

15. SADAG 24-hour line 0800 567 567; SMS 31393. Emergency 10111.

16. Electoral Act 73 of 1998, for context on the municipal-election season that follows the 2021 cycle. This newsletter does not announce a polling day.

17. Broadcasts cited: SABC News 29 April 2024 (youtube.com/watch?v=_NRzarMTWzo); Newzroom Afrika 3 July 2025 (youtube.com/watch?

v=RE35H3pc9Lg); Newzroom Afrika 5 August 2025 (youtube.com/watch?v=CIEy39lcA0w); CapeTalk 26 November 2025 (youtube.com/watch?

v=nOiahAa8y6E); SABC News 18 May 2026 (youtube.com/watch?v=ObXvrtNrmpY); SABC Case in Point 28 May 2026

(x.com/SABCNews/status/2060069185082839136); Newzroom Afrika 1 June 2026 (youtube.com/watch?v=on4m-v1ULhM); SABC Morning Live

17 April 2026; SABC Case in Point 20 August 2026 (x.com/SABCNews/status/2090502781392060667). Stills are from those broadcasts.

18. Renaming of Port Elizabeth to Gqeberha gazetted 23 February 2021. Gqeberha Magistrates’ Court, 584 Govan Mbeki Street, North End. The 1934

Law Courts (Public Works Department) remain the sitting magistrates’ court. Department of Justice contacts list the court as Gqeberha (Port

Elizabeth).

19. Animals Protection Act 71 of 1962, especially s 2 (offences) and s 8 (powers of officers, including magistrate-authorised entry, arrest and seizure).

Societies for the Prevention of Cruelty to Animals Act 169 of 1993. NSPCA v Minister of Justice and Constitutional Development 2016 (4) BCLR 517

(CC) (NSPCA’s power of private prosecution). Rocky and Rani appear on TikTok as rockyjusty — rocky & rani; public reporting of the Naidoo

household’s account is used with thanks to Mr J Naidoo.

Table of authorities

Authority

Use in this edition

Nino Bonino v De Lange 1906 TS 120

Root of the possessory remedy

Yeko v Qana 1973 (4) SA 735 (A)

Two requirements of spoliation

S v Makwanyane 1995 (3) SA 391 (CC)

Dignity; ubuntu

Certification of the Constitution 1996 (4) SA 744 (CC)

Independence in the public interest

President of the RSA v SARFU 1999 (4) SA 147 (CC)

Recusal — reasonable apprehension of bias

Van Rooyen v The State 2002 (5) SA 246 (CC)

Magistrates are judicial officers

Justice Alliance of SA v President 2011 (5) SA 388 (CC)

Tenure of judicial office

Ivanov v North West Gambling Board 2012 (6) SA 67 (SCA)

Spoliation prevents self-help

Ngqukumba v Minister of Safety 2014 (5) SA 112 (CC)

Spoliation even against the police

Swart v Gariep Systems [2026] ZANCHC 51

Lock-out pending an exit agreement

Animals Protection Act 71 of 1962

Cruelty offences; magistrate warrants

NSPCA v Minister of Justice 2016 (4) BCLR 517 (CC)

NSPCA may prosecute privately

S v Twai [2026] ZANWHC 199

Prior convictions disclosed at bail — review

S v Molefe [2026] ZANWHC 204

Unproved notation treated as fatal irregularity

Nkuna v S 2013 (2) SACR 541 (GNP)

Prior knowledge that influenced the trial

Booysen v S 2016 (1) SACR 521 (ECG)

Justice must be seen to be done

S v S M N [2025] ZANWHC 178

Criminal history and the sitting magistrate

Citations follow the ordinary South African mode. This table is a reading list for members, not a list of cases decided in this newsletter. Nothing in this

edition is a finding on any matter still before a court, a commission or a colleague.

JASA · Judicial Officers Alliance of South Africa · president@judicialalliance.org · www.judicialalliance.org · 031 209 1555 · 082 866 7036. This note uses public interviews, JASA’s stated positions, the official card, the Independent Commission’s 2025/26 recommendations, the President’s 6 August 2026 note on the Madlanga Commission’s second interim report, and the reported cases listed above. It is a friendly briefing, not a court order, and it does not comment on the merits of any matter still before a colleague or a commission.

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