Coetzee, Le Roux & du Plessis Inc.

20/05/2026

Big Judgment: The CPA is not a shortcut out of a genuine commercial contract

This month, in Dr Darren Levin Inc. and Another v Promenade Centre (Pty) Ltd [2026] ZASCA 70, the Supreme Court of Appeal considered whether a commercial lease could be declared void because it had been structured to fall outside the application of the Consumer Protection Act.

The landlord had insisted on contracting with an incorporated entity, rather than the individual doctor, to avoid the CPA. The tenant later argued that the lease was void and unenforceable.

The SCA disagreed.

The Court confirmed that parties may, in appropriate circumstances, structure their commercial affairs so that legislation such as the CPA does not apply, provided the arrangement is genuine and not a sham.

Importantly, the judgment confirms that the CPA remains an important consumer-protection statute, but it is not a mechanism to undo genuine commercial arrangements simply because one party structured the transaction to fall outside its scope.

The practical lesson is simple: the structure of a transaction matters.

Once a contract is signed, it may be difficult and expensive to undo.

Make sure you get the right legal advice even before you sign a contract.

Coetzee, Le Roux & du Plessis Inc.

24/04/2026

The Supreme Court of Appeal has reaffirmed a critical principle: your right to freedom does not end at arrest.

In Mohlala v MEC for Transport, Limpopo & Others (843/2024) [2026] ZASCA 55 (17 April 2026), the Court held that even where an arrest is lawful, the continued detention of a person must always be justified. Police officials are required to:

Inform detainees of their right to apply for bail

Properly consider release before a first court appearance

Failure to do so may render the detention unlawful, with the State held liable for damages.

The Court made it clear:
Once your liberty is taken away, the burden shifts to the State to justify that deprivation , not the other way around.

This decision strengthens constitutional protections and reinforces accountability within law enforcement.

If you or someone you know has experienced unlawful arrest or detention, it’s important to understand your rights.

Contact Coetzee, Le Roux & du Plessis Inc for professional legal guidance.

22/04/2026

A recent judgment from South Africa’s Supreme Court of Appeal highlights an important legal lesson about timing and prescription.

In Gorr Assist (Pty) Ltd v Bayport Securitisation (RF) Ltd [2026] ZASCA 51, a comoany tried to claim money back years after discovering that earlier court orders against him were invalid. However, the court found that he waited too long to take legal action.

Even though the original court orders were legally flawed, the court said that the time limit (called prescription) started running as soon as he knew the key facts, not when he later understood the legal consequences or had the orders formally set aside.

Because too much time had passed, the claim was dismissed.

What does this mean for you?
If you believe you have a claim, it’s important to act quickly. Waiting too long can mean losing your right to claim — even if your case is valid.

Not sure where you stand? Come see us at Coetzee, Le Roux & Du Plessis Inc. We’re here to help.

Make sure your claim does not prescribe.

20/04/2026

The Supreme Court of Appeal recently delivered a significant judgment in Schreuder N.O. v Minister of Police and Others (2026) reaffirming the legal protections afforded to children and vulnerable individuals within the criminal justice system.

The matter involved a 17-year-old boy with severe intellectual disability who was arrested and treated as an adult. Despite clear signs of mental incapacity and uncertainty regarding his age and identity, he was detained for nearly three months in adult facilities, where he suffered serious harm.

The Court held that both the arrest and detention were unlawful. It confirmed that legal safeguards for minors are mandatory, ignorance of age does not excuse unlawful conduct, detention under a court order is not automatically lawful and that state authorities may be held jointly liable for systemic failures

The appeal was upheld, and the relevant state authorities were held liable for damages, with costs awarded on a punitive scale.

This judgment underscores the importance of protecting constitutional rights, particularly the rights to dignity, freedom, and security of the person. It also highlights the duty placed on all role players in the justice system to act with care when dealing with vulnerable individuals.

If you require legal advice or assistance in matters involving unlawful arrest, detention, or the protection of fundamental rights, you are welcome to contact Coetzee, Le Roux & du Plessis Inc. for professional guidance.

17/03/2026

Hydration station: successfully completed! 💧🏃‍♂️

This weekend Coetzee, Le Roux & du Plessis Inc. . teamed up with Le Roux & Oosthuizen Biokineticists to run a waterpoint at The Original Kosmos 3-in-1 — and what a great day it was!

Between handing out countless amounts of water, cheering on determined runners, and trying not to get completely soaked in the process, we had an absolute blast supporting everyone along the route.

A big well done to all the athletes who took part — your energy (and thirst 😅) kept us on our toes throughout the day!

And a special shout out to the organisers of the Kosmos 3-in-1 for putting together such a fantastic event. Events like this bring the community together and create a great atmosphere for everyone involved.

Thanks to everyone who helped and stopped by our waterpoint — see you at the next one! 👏

13/02/2026

Property transactions don’t have to be stressful.

At Coetzee, Le Roux & du Plessis Inc., we make conveyancing simple, transparent, and hassle-free. Whether you’re buying, selling, or transferring property, our dedicated team is here to protect your interests and keep things moving smoothly.

🏠 Your property. Our priority.

Civil Litigation, Family Law, Divorce Law, Criminal Law, Administration of Estates, Contracts, Consumer Law, Bail Applications, General Litigation, Conveyancing.

13/02/2026

Meet Our Conveyancer: Martin du Plessis

We are proud to have Martin as part of the Coetzee, Le Roux & du Plessis Inc. team, serving our clients as a dedicated and detail-driven Attorney and Conveyancer.

With a strong commitment to accuracy, efficiency, and client service, Martin plays a key role in ensuring smooth and reliable property transactions from start to finish.

When it comes to your property transfer, you’re in capable hands.

26/01/2026

Maintenance matters affect everyone involved.

Whether you are claiming maintenance or being asked to pay, it’s important that the process is fair, lawful, and properly handled.

At Coetzee, Le Roux & du Plessis Inc, we assist with:
Maintenance applications
Defending or responding to maintenance claims
Enforcement of existing orders
Requests for increases or reductions

We provide clear advice, professional representation, and practical solutions, always with your best interest in mind.

Call us today for guidance you can trust.

23/01/2026

23/01/2026

When a dispute won’t go away, it’s time to act.

Unpaid debts, broken agreements, or ongoing disputes can quickly become stressful and costly. At Coetzee, Le Roux & du Plessis Inc, we help you:
✅ Enforce your rights.
✅ Resolve disputes efficiently.
✅ Handle claims, summonses, and court proceedings.
✅ Protect what you’ve worked hard for.

Whether you’re an individual or a business, we focus on practical solutions and strong representation—without unnecessary delay.

📞 Call us today for professional guidance and decisive action.

Firm representation. Clear advice.