Newest first, read from the court's own list the day each is handed down.
| Handed down | Judgment |
|---|---|
| 9 Oct 2020 | Public Servants Association of South Africa and Others v Government Employees Pension Fund and Others[2020] ZASCA 126 · 886/2019 · Pension Fund – Government Employees Pension Fund Rules require consultation with employee organisations before a decision is made regarding... |
| 7 Oct 2020 | Whitehead and Another v Trustees of the Insolvent Estate of Dennis Charles Riekert and Others[2020] ZASCA 124 · 567/2019 · Civil law and procedure – court proceedings challenging effect of prior court order – no application for rescission or appeal pursued – exis... |
| 7 Oct 2020 | Mawonga and Another v Walter Sisulu Municipality and Others[2020] ZASCA 125 · 574/19 · Local Government – municipal law – Local Government: Municipal Systems Act of 2000 – in terms of s 57(6)(a) the employment contract of a mun... |
| 5 Oct 2020 | Altech Radio Holdings (Pty) Limited and Others v City of Tshwane Metropolitan Municipality[2020] ZASCA 122 · 1104/2019 · Legality review – delay – whether delay unreasonable – whether delay should be condoned. ___________________________________________________... |
| 5 Oct 2020 | Hattingh v Furman and Others NNO[2020] ZASCA 123 · 388/2019 · Contract – interpretation of - membership in a close corporation – buy and sell agreement – whether conclusion of addendum amounting to ‘wit... |
| 2 Oct 2020 | Case No. 1001/19 Martrade Shipping and Transport GmbH v United Enterprises Corporation and MV 'Unity'[2020] ZASCA 120 · 1341/18 · Interpretation of court order – manifest purpose of the order – consideration of language used in light of ordinary rules of grammar – whole... |
| 2 Oct 2020 | In Re Botha and Others NNO v Wentzel[2020] ZASCA 121 · 1001/19 · Insolvency Act of 1936 – unrehabilitated insolvent – nominated beneficiary in life insurance policy – save for narrowly defined exceptions,... |
| 1 Oct 2020 | Municipal Employees’ Pension Fund and Others v Chrisal Investments (Pty) Ltd and Others[2020] ZASCA 116 · 792/19 |
| 1 Oct 2020 | City of Cape Town v Carelse and Others[2020] ZASCA 117 · 296/2019 · Application for leave to appeal referred for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 1959 – whether reasonable pr... |
| 1 Oct 2020 | Former Way Trade & Invest (Pty) Ltd v Bright Idea Projects 66 (Pty) Ltd[2020] ZASCA 118 · 1341/2018 · Application for reconsideration of refusal of leave to appeal in terms of s 17 (2) (f) of Superior Courts Act of 2013 – applicant conducting... |
| 1 Oct 2020 | Minister of Public Works v Roux Property Fund (Pty) Ltd[2020] ZASCA 119 · 779/2019 · Civil procedure – non–compliance with s 3(1) the Institution of Legal Proceedings against Certain Organs of State Act of 2002 – application... |
| 30 Sep 2020 | Gauteng Division, Pretoria v Mbonani[2020] ZASCA 115 · 1198/2019 |
| 29 Sep 2020 | Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd and Another[2020] ZASCA 110 · 1011/2019 · Application by a subcontractor for the disclosure by a contractor of information concerning initiative/incentive arrangements concluded betw... |
| 29 Sep 2020 | Government Employees Medical Scheme and Others v The Public Protector of the Republic of South Africa and Others (1000/2019 and 31514/2018 and 33401/2018)[2020] ZASCA 111 · Power of Public Protector to investigate complaint – constrained by sections 6(4) or (5) of the Public Protector Act of 1994. ______________... |
| 29 Sep 2020 | Modise and Another v Tladi Holdings (Pty) Ltd[2020] ZASCA 112 · 307/19 · Misappropriation of corporate opportunity by director of company – principles of fiduciary duty restated and considered – Prescription – whe... |
| 29 Sep 2020 | Jones v Pretorius NO[2020] ZASCA 113 · 281/2019 · Deceased estate – agent appointed to administer estate on behalf of executor – agency terminated upon death of executor - subsequent payment... |
| 29 Sep 2020 | Bilankulu and Another v The State[2020] ZASCA 114 · 188/2020 · Criminal Law and Procedure – murder – deceased shot by unidentified person in shootout with the authorities – accused had dolus indeterminat... |
| 23 Sep 2020 | Phakula v Minister of Safety and Security[2020] ZASCA 109 · 454/19 · Delict – claim for damages – arrest without warrant – use of force to effect arrest and allegedly prevent appellant from fleeing – whether s... |
| 21 Sep 2020 | Central Developments Tshwane (Pty) Ltd and Another v Body Corporate, Twee Riviere Aftree Oord[2020] ZASCA 107 · 635/2019 · Action against developer of sectional title development arising from defects in the design and construction of foundations for structures si... |
| 21 Sep 2020 | Khan v Shaik[2020] ZASCA 108 · 641/2019 · Division of fruits of a universal partnership – claim to division is based on a personal right and not a real right – claim in respect of a... |
| 18 Sep 2020 | Milestone Beverage CC and Others v The Scotch Whisky Association and Others[2020] ZASCA 105 · 1037/2019 · Unlawful competition – false misrepresentation as to the character, composition or origin of product – trade in such products in contraventi... |
| 18 Sep 2020 | Moamogoe v The State[2020] ZASCA 106 · 191/2019 · Criminal law and procedure – appeal against sentence imposed in terms of a plea and sentence agreement in terms of s 105A of the Criminal Pr... |
| 16 Sep 2020 | Western Cape Department of Social Development v Esau and Another[2020] ZASCA 103 · 379/2019 · Nursery school – place of care in terms of Child Care Act of 1983 – child injured when playing on swing in playground – defective design and... |
| 16 Sep 2020 | Investec Bank Limited v Erf 436 Elandspoort (Pty) Ltd and Others[2020] ZASCA 104 · 410/2019 · Prescription Act of 1969 – s of the Act – whether series of payments in terms of agreement between creditor and debtor were acknowledgements... |
| 15 Sep 2020 | Moodliar and Others v Recycling and Economic Initiative of South Africa NPC[2020] ZASCA 101 · 977/2019 · Companies Act of 1973 – winding-up – appropriation or retention of company funds by liquidators to pay or secure their proposed fees – Act a... |
| 15 Sep 2020 | Mbatha v The State[2020] ZASCA 102 · 928/2018 · Reconsideration of application for special leave to appeal against conviction and sentence – section 17(2)(f) of the Superior Courts Act of... |
| 11 Sep 2020 | Van Meyeren v Cloete[2020] ZASCA 100 · 636/2019 · Actio de pauperie – defences – whether to be extended to include negligence of a third party not in control of animal – no extension justifi... |
| 9 Sep 2020 | Lungisa v The State[2020] ZASCA 99 · 696/2019 · Sentence – appeal against imposition of effective sentence of two years’ imprisonment for assault with intent to cause grievous bodily harm... |
| 8 Sep 2020 | Leshilo v The State[2020] ZASCA 98 · 345/2019 · Joint possession of illegal firearm and ammunition – principles of common purpose not applicable – requirements of joint possession not prov... |
| 2 Sep 2020 | Breetzke and Others NNO v Alexander NO and Others[2020] ZASCA 97 · 232/2019 · Breach of fiduciary duty by trustee – trustee acquiring property from trust – concealing from other trustees existence of an opportunity to... |
| 27 Aug 2020 | Samancor Chrome Ltd v VDH Holdings (Pty) Ltd and Others[2020] ZASCA 96 · 344/19 · Section 22(4)(b) of the Mineral and Petroleum Resources Development Act of 2002 – whether the appellant satisfied the requirement to notify... |
| 20 Aug 2020 | Women in Capital Growth (Pty) Ltd and Another v Scott and Others[2020] ZASCA 95 · 1193/2019 · Proxy undertakings to vote at company meeting – such meetings held and resolutions passed and implemented – undertakings due to expire – dec... |
| 19 Aug 2020 | Kedumetse M Ngakantsi v The State[2020] ZASCA 94 · 1020/2020 · Appeal to Supreme Court of Appeal against refusal by the high court of a petition seeking leave to appeal against conviction and sentence by... |
| 18 Aug 2020 | Tshiki v The State[2020] ZASCA 92 · 358/2019 · Criminal law and procedure – evidence of single witness who was an accomplice – whether the trial court correctly applied the cautionary rul... |
| 18 Aug 2020 | Sibanyoni v The State[2020] ZASCA 93 · 951/2019 · Leave to appeal against refusal of petition for leave to appeal – conviction of six counts of robbery with aggravating circumstances – effec... |
| 17 Aug 2020 | Compcare Wellness Medical Scheme v Registrar of Medical Schemes and Others[2020] ZASCA 91 · 267/2020 · Section 38(d) of the Constitution – organ of state acting in the public interest – reviewing its own decision – Promotion of Administrative... |
| 4 Aug 2020 | Passenger Rail Agency of South Africa v Sbahle Fire Services CC[2020] ZASCA 90 · 230/2019 · Contract – interpretation of agreement entered into between the appellant and the respondent in respect of which the respondent rendered fir... |
| 31 Jul 2020 | McGregor and another v MEC Health, Western Cape[2020] ZASCA 89 · 1258/2018 · Medical negligence – plaintiff's case based on expert evidence – requirements for such evidence to be admitted – duties of expert witnesses... |
| 23 Jul 2020 | National Commissioner of Police and Another v Gun Owners of South Africa[2020] ZASCA 88 · 561/2019 · Interim interdict against State functionary – South African Police Service – prohibited from exercising powers under Firearms Control Act of... |
| 16 Jul 2020 | Resultant Finance (Pty) Ltd v Head of Department for the Department of Health, KwaZulu-Natal and Another[2020] ZASCA 87 · 62/2019 · Review of tender award – contract period of tender lapsed prior to hearing of appeal – no substantial points of law or matters of substance... |
| 9 Jul 2020 | Moreau and Another v Murray and Others[2020] ZASCA 86 · 251/2019 · Pensions – protection of s 37B of the Pensions Fund Act of 1956 – whether it operates if pension benefit paid before sequestration. Insolven... |
| 6 Jul 2020 | Phillipa Susan van Zyl NO v Getz[2020] ZASCA 84 · 548/19 · Uniform Rules of Court – rule 33(4) – stated case to determine whether estate of deceased grandparent has duty to support grandchild – both... |
| 6 Jul 2020 | Mlungisi Ndodana Sontsele v 140 Main Street Properties CC and Another[2020] ZASCA 85 · 328/2019 · Lease – option to renew – failure by parties to reach agreement on rental or by lessee to invoke clause providing for rental to be fixed by... |
| 3 Jul 2020 | The School Governing Body Grey College, Bloemfontein v Scheepers and Another[2020] ZASCA 82 · 506/19 · Education South African Schools Act of 1996 (the Act) – Employment of Educators Act of 1998 (the EEA) – professional management of school –... |
| 3 Jul 2020 | Hlumisa Investment Holdings (RF) Ltd and Another v Kirkinis and Others[2020] ZASCA 83 · 1423/2018 · Company Law – s 218(2) of the Companies Act of 2008 – claim by shareholders of company against directors and auditors for damages related to... |
| 2 Jul 2020 | Director of Public Prosecutions, Northern Cape v Brooks and Others[2020] ZASCA 80 · 505/19 · Permanent stay of prosecution – recusal by trial judge before finalisation of trial – discretion of Director of Public Prosecutions in respe... |
| 2 Jul 2020 | Systems Applications Consultants (Pty) Ltd t/a Securinfo v Systems Applications Products AG and Others[2020] ZASCA 81 · 1371/2018 · Security for costs – s of the Companies Act of 1973 - whether amount of security for costs ordered by court can subsequently be released on... |
| 30 Jun 2020 | Oranje Watersport CC v Dawid Kruiper Local Municipality and Others[2020] ZASCA 75 · 397/2019 · Review of tender award – whether compliance with the conditions of the request for bid and s of the Local Government: Municipal Finance Mana... |
| 30 Jun 2020 | Beadica 231 CC v Sale’s Hire CC[2020] ZASCA 76 · 1191/2018 · Practice and procedure – special leave to appeal – refusal by two judges of the Supreme Court of Appeal (SCA) – s 17(2)(f) of the Superior C... |
| 30 Jun 2020 | Mathekga And Another v S[2020] ZASCA 77 · 717/2019 · Criminal law and procedure – murder – intent to kill – dolus directus – whether present – onus to prove the protection of s 49(2) of the Cri... |