Jason Mitchell

@KannonShanmugam (Adds "Once described as 'a South African lawyer' by @KannonShanmugam to list of professional achievements.)

The SCA (seemingly inadvertently) settled the debate on the test for leave to appeal today: "It is now trite that section 17(1)(a)(i) of the Superior Courts Act have raised the threshold for grating leave to appeal": saflii.org/za/cases/ZASCA…

Some thoughts on the expansion of personal jurisdiction over foreign defendants: gcbsa.co.za/law-journals/2…

The last episode of Allpay: saflii.org/za/cases/ZACC/… Still not much clarity about what no-profit-no-loss means, besides it's all discretionary @dansmywholename update that syllabus!

On administrative law and unjustified enrichment: linkedin.com/posts/jason-mi…

@MbekezeliMB @dansmywholename

Some more quick stats for the SCA for January to March 2026, this time on acting judges and appearances: linkedin.com/posts/jason-mi…

@dansmywholename Part of me fears this is just what some former UCT faculty would call common law avoidance!

@JasonMitchellSA Prepare a short note and I’ll set up a seminar with the pvt law folks 😃

Beautiful. Not at all surprised that Unterhalter JA would be the one to get both unjust enrichment an Oudekraal correct. Also lol at how he slyly criticises Esorfranki. 🤭

@dansmywholename We need a symposium on this topic!

@JasonMitchellSA But this is your wheelhouse!

@dansmywholename Tell you students this is prime doctorate territory!

@dansmywholename Does that logic mean that there is no enrichment claim at all? I understood the condictio sine causa (or the condictio ob causal) to apply when a transfer is supported by a legal ground but that ground falls away. Isn't that what's happening here? ...

@MbekezeliMB Only for this year. Still a bit early to see anything meaningful (especially on judges' voting patterns and affirm/overturn rates for each High Court and each High Court judge), but there might be some interesting trends with some more data

@JasonMitchellSA This is really good, Jason! How long have you been keeping stats for?

Some quick stats from the SCA for January to March 2026: linkedin.com/posts/jason-mi…

Interesting stuff from the SCA on enrichment and procurement, plus an accurate description of what Oudekraal actually says! saflii.org/za/cases/ZASCA… @dansmywholename @MbekezeliMB

@Jon_M_Berger You'll earn your place on the appearances tab of my spreadsheet soon enough. So far, G Naude SC is leading with 4

@JasonMitchellSA I'm on 196 days for my last SCA appearance. And counting!

@dansmywholename @MbekezeliMB ...marked reportable

@dansmywholename @MbekezeliMB Here's the judgment: linkedin.com/posts/mkhabela…

Wait what @dansmywholename

@MbekezeliMB @dansmywholename More here (including whether it was a correct use of s.172): linkedin.com/posts/jason-mi…

@JasonMitchellSA @dansmywholename Where is this from? What a crazy order.

And today, the ninth judgment of the year on reconsideration: saflii.org/za/cases/ZASCA…