Landmark Judgements and High-Profile Cases Define South Africa's 2025 Legal Landscape
South Africa's courts have delivered a series of groundbreaking judgements in 2025, impacting everything from parental rights and gender equality to the rights of the disabled and the fight against xenophobia. The High Courts in Gauteng, known as the busiest division in the country, have been particularly active, while the Constitutional Court has also made headlines with several significant rulings.
One of the most notable changes comes from the Constitutional Court, which has paved the way for universal shared parental leave, a major victory for gender equality. In a landmark ruling in October, the court declared the old maternity/parental leave system invalid, creating a shared entitlement of four months and 10 days leave. This extends to biological, adoptive, and commissioning parents, revolutionising parental leave in South Africa.
Furthering its commitment to equality, the Constitutional Court also ruled in September that husbands can adopt their wives' surnames, should they wish to do so. The decision, declaring part of the Births and Deaths Registration Act unconstitutional, has sparked debate, with supporters hailing it as progressive, while some traditionalists have voiced concerns about African cultural norms and family identity.
Earlier in the year, in May, the Constitutional Court significantly improved the lives of those with visual disabilities by declaring the Copyright Act unconstitutional. The Act previously prevented disabled persons from accessing reading materials in usable formats, such as braille, without the copyright holder's permission. Now, non-profit entities and individuals can make and distribute accessible format copies of works for the benefit of the visually impaired, under specific conditions.
The Constitutional Court also extended the Traditional and Khoi-San Leadership Act for two more years, coming to the aid of the Khoi-San community. The court had given the government until May 2025 to fix the Bill in 2023, but this was not done. Consequently, they extended the suspension of the declaration of invalidity of the Act until May 2027, criticising the government for a lack of political motivation to address the Act's constitutional deficiencies. The court stated, "It is clear that the national elections of 2024 resulted in the TKL Bill being de-prioritised."
The Gauteng Division of the High Court (Pretoria and Johannesburg) has also been exceptionally busy, delivering thousands of judgements this year. Sites like SAFLLI showed more than 10,000 decisions just for the Johannesburg High Court by December, while platforms such as the Lawlibrary.org.za listed more than 1,200 for the Pretoria High Court alone by mid-year.
One such case involved transgender inmate rights, with the Johannesburg High Court ruling that the systematic failure of the Department of Correctional Services to respect the rights of a transgender inmate constituted unfair discrimination. The court ordered DCS to allow her to express her gender identity by wearing women’s clothing when possible and to address her as a woman. The department must also assist her in providing gender-affirming hormonal treatment at state expense. The judgement sets a crucial precedent, affirming that the constitutional rights to dignity, equality, and freedom from unfair discrimination extend fully to transgender individuals in custody.
In another significant case, the court declared the Gauteng Department of Health’s inaction regarding cancer treatment backlogs unlawful and unconstitutional, highlighting the rights of cancer patients to receive treatment. The judgement directed the department to take all steps necessary to provide timely radiation oncology services to patients awaiting treatment. The department is, however, appealing this judgement, with the hearing due next year.
The year began with the Pretoria High Court declaring the SRD Grant (social relief of distress grant) regulations unconstitutional in January. Judge Leonard Twala found that the online-only applications disregarded a lack of access to data and smartphones by applicants. He also found that the R624 income test and definitions of “income” unfair and criticised the R370 grant as insufficient and not in keeping with the pace of poverty. The regulations were challenged as it excluded millions of potentially eligible South Africans due to the exclusive reliance on online applications, and the definition of “income” and “financial support” also came under the spotlight. The SRD grant has meanwhile been extended to at least March 2026.
In November, the Johannesburg High Court heard the major Operation Dudula court case, resulting in a landmark victory against xenophobia. The court confirmed Operation Dudula’s actions, including blocking clinics and harassing people, as unlawful and unconstitutional, stressing that only police and immigration officials have the legal right to demand identification and documents.
2025 was also a rollercoaster year for Please Call Me inventor Nkosana Makate, who has been embroiled in legal proceedings with Vodacom for more than 18 years. In November, Makate and Vodacom agreed to a confidential out-of-court settlement for his invention, believed to be hundreds of millions. However, Makate is currently in a legal dispute with his former funders, Black Rock Mining, who are demanding a 40% cut of his settlement.
Meanwhile, double killer Zaheera Boomgaard will spend her first of many Christmases behind bars, serving two life terms following the deaths of Harkant Nathvani and Lynette Mustapha. Both bodies were burnt and found dumped near Walkerville. Boomgaard used Nathvani’s bank cards after his death and altered her friend’s last will to enable herself to be the beneficiary. While she maintained her innocence, Boomgaard on at least two occasions told the court that she “heard voices in her head”. After she was sent for observation, a panel of psychiatrists declared her mentally fit.
Looking ahead to 2026, all eyes will be on the Gauteng Courts once again, as former Speaker of Parliament, Nosiviwe Mapisa-Nqakula, is due back in court on July 26 to face her corruption trial. She has not yet pleaded to the 12 counts of corruption and money laundering she is facing, as the matter was this year marked by interlocutory applications and issues regarding the State’s docket against her. The case involves allegations that she received and solicited bribes running into millions during her tenure as defence minister.
Judge Portia Phahlane and her co-accused will also be back in the Pretoria Specialised Commercial Crimes Court in March to face corruption and money laundering charges. She is out on R50,000 bail following allegations that she took bribes of more than R2 million during a church succession battle she is presiding over in the high court.
In KwaZulu-Natal, Duduzile Zuma-Sambudla, daughter of former president Jacob Zuma, will be back in court next year, facing two charges of public violence and another of incitement to commit terrorism. She is accused of using her social media platform to incite violence, which is said to have led to the death of hundreds of people. She pleaded not guilty in the Durban High Court, while the State claimed that her social media posts encouraged the looting of businesses during the July 2021 unrest.
Her father's arms deal corruption trial, which began in 2021, is also no closer to starting, with Jacob Zuma's legal team still launching a series of pre-trial court applications in a bid for a stay of prosecution. In the latest development, Zuma and the French arms manufacturer Thales in December asked the Pietermaritzburg High Court for leave to appeal a ruling in June that the corruption trial had to proceed. The court is due to deliver its ruling on this point in January.
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