Landmark Cases to Define South Africa’s Legal Future in 2026

Key Takeaways:

• Dr. Wouter Basson, also known as "Dr. Death," is appealing to the high court to have misconduct charges dropped related to his involvement in the apartheid-era chemical weapons program known as "Project Coast."
• The Health Professions Council of South Africa (HPCSA) has been pursuing misconduct charges against Basson for over two decades, but the case has been delayed due to legal challenges and funding issues.
• My Vote Counts is challenging the Political Party Funding Act and Electoral Matters Amendment Act in the Constitutional Court, arguing that the laws contain loopholes that allow for secret donations to political parties.
• The National Health Insurance (NHI) will remain a contentious issue in 2026, with new cases filed in the Constitutional Court related to the legislation.
• Personal injury lawyers are challenging a directive introducing compulsory mediation in all civil cases in the Gauteng Division of the High Court, arguing that it is unfair to litigants.

Introduction to Dr. Wouter Basson’s Case
Dr. Wouter Basson, a cardiologist and former leader of the apartheid-era chemical weapons program known as "Project Coast," is expected to appear in the high court in early 2026 to appeal the misconduct charges he faces. The Health Professions Council of South Africa (HPCSA) has been pursuing these charges for over two decades, but the case has been delayed due to legal challenges and funding issues. Basson argues that the charges are similar to those on which he was acquitted in 2002 and that he will suffer "severe prejudice" if the HPCSA is allowed to continue with the proceedings.

The HPCSA’s Response
The HPCSA’s legal and regulatory affairs head, Prenitha Kantha Padayachee, has responded to Basson’s appeal, arguing that the council has an obligation to act where there is "prima facie evidence" of misconduct. She explains that the long history of the case, dating back to 2000, has been marked by delays and funding issues, including the question of who will cover Basson’s legal costs. Despite these challenges, the HPCSA has decided to continue with the prosecution due to concerns about "public scrutiny."

My Vote Counts’ Challenge
My Vote Counts, an organization that advocates for transparency in political party funding, is challenging the Political Party Funding Act and Electoral Matters Amendment Act in the Constitutional Court. The organization argues that the laws contain loopholes that allow for secret donations to political parties, including a threshold of R100,000 for declaring donations and a limit of R15-million per donor per annum. My Vote Counts questions the rationale behind these limits, arguing that they were set without supporting studies or evidence.

The National Health Insurance Debate
The National Health Insurance (NHI) will remain a contentious issue in 2026, with new cases filed in the Constitutional Court related to the legislation. Solidarity, a trade union, is challenging the government’s decision to promulgate the law, while Minister of Health Aaron Motsoaledi and President Cyril Ramaphosa are appealing against a high court judgment that ordered Ramaphosa to provide the record of decision that led to the signing of the NHI Act. The court has instructed the parties to file written arguments by November 2025, suggesting that the cases could be heard early in the new year.

The Road Accident Fund and Compulsory Mediation
Personal injury lawyers are challenging a directive introducing compulsory mediation in all civil cases in the Gauteng Division of the High Court. The directive, issued by Deputy Chief Justice Dunstan Mlambo, was in response to the court being overwhelmed by litigation related to the Road Accident Fund (RAF). The Personal Injury Plaintiff Lawyers Association argues that the directive is unfair to litigants, particularly the poor and vulnerable who may not be able to afford mediation. The RAF has opposed the challenge, denying that mediation will increase costs for accident claimants. A hearing date is yet to be set, but the court has instructed the parties to file all relevant arguments by the end of 2025.