23 March 2026
A party may retain profits derived from an unlawful contract: a look at the ‘no loss, but no gain’ principle
By Amogelang Makuwa, Kamogelo Magana, Anouk Klijnstra
On 28 November 2025, the Supreme Court of Appeal (SCA) handed down judgment in _Mafoko Security Patrols (Pty) Ltd and Others v Mjayeli Security (Pty) Ltd and Others_. The judgment clarified the nature of the remedial discretion enjoyed by the Court under section 172(1)(b) of the Constitution, and the import of the judgment of the Constitutional Court in _Allpay II_.
