Newest first, read from the court's own list the day each is handed down.
| Handed down | Judgment |
|---|---|
| 15 Oct 2021 | The Commissioner for The South African Revenue Service v Spur Group (Pty) Ltd[2021] ZASCA 145 · 320/20 · Tax Law – Income Tax Act of 1962 (the ITA) – whether there was a sufficiently close connection between the taxpayer’s expenditure of a contr... |
| 11 Oct 2021 | 12/8/0020425) and Others[2021] ZASCA 144 · 545/2020 · Application for interim interdict – whether requirements for interim order were met – whether the appellant should have brought a separate p... |
| 8 Oct 2021 | MultiChoice Support Services (Pty) Ltd v Calvin Electronics t/a Batavia Trading and Another (case no 296/2020 and 226/2021)[2021] ZASCA 143 · Law of contract – cancellation in terms of provisions of contract – contracting party applying for interdict to stop cancellation pending ju... |
| 7 Oct 2021 | Santam Limited v Ma-Afrika Hotels (Pty) Ltd & Another[2021] ZASCA 141 · 255/2021 · Interpretation of insurance contract – whether agreed indemnity period is months or three months for infectious diseases cover – principles... |
| 7 Oct 2021 | The National Director of Public Prosecutions (Ex Parte Application)[2021] ZASCA 142 · 669/2020 · Prevention of Organised Crime Act 121 of 1998 (POCA) – ss and 38 – Uniform Rules of Court – preservation of property order – urgency – wheth... |
| 6 Oct 2021 | Owners and Underwriters of the MV 'MSC Susanna' and Another v Transnet (SOC) Ltd and Another[2021] ZASCA 135 · 1039/2020 · Tonnage limitation – s 261(1) of the Merchant Shipping Act of 1951 (MSA) – whether limitation can be invoked by owner of merchant ship again... |
| 6 Oct 2021 | Vukani Gaming Free State (Pty) Ltd v Pillay & Others[2021] ZASCA 137 · 577/20 · Administrative law – Review of administrative decision taken by the Free State Gambling, Liquor & Tourism Authority to grant a limited gambl... |
| 6 Oct 2021 | Eskom Holdings Limited v The Joint Venture of Edison Jehano (Pty) Ltd and KEC International Limited and Others[2021] ZASCA 138 · 177/2020 · Arbitration – Review of an arbitral award – principle of party autonomy confirmed – interpretation of ‘gross irregularity’ and ‘exceeding po... |
| 6 Oct 2021 | McGrane v Cape Royale The Residence (Pty) Ltd[2021] ZASCA 139 · 831/2020 · Contract – agreement of sale of immovable property – whether unenforceable on account of non-fulfilment of a condition precedent clause embo... |
| 6 Oct 2021 | Park 2000 Development 11 (Pty) Ltd v Mouton and Others[2021] ZASCA 140 · 684/21 · Civil Procedure – Section 16(2)(a)(i) of the Superior Courts Act of 2013, proscribes the hearing of an appeal which will not have any practi... |
| 5 Oct 2021 | Rohde v The State[2021] ZASCA 134 · 815/2019 · Criminal law – correctness of conviction of murder and obstructing the course of justice – dependent on whether deceased was manually strang... |
| 4 Oct 2021 | Auditor-General of SA v MEC for Economic Opportunities, Western Cape and Another[2021] ZASCA 133 · 671/2020 · Accounting – expenditure of department – Modified Cash Standard applicable in terms of National Treasury instruction under s of the Public F... |
| 1 Oct 2021 | UPS SCS South Africa (Pty) Ltd v Hendrik Cornelis van Wyk t/a Skydive Mossel Bay (421/20) and[2021] ZASCA 131 · 422/20 · Contract – terms – contract of carriage concluded by way of exchange of emails – customer thereafter signing credit application with standar... |
| 1 Oct 2021 | Framatome v Eskom Holdings SOC Ltd[2021] ZASCA 132 · 357/2021 · Construction contract – contract providing for dispute resolution process through adjudication – adjudicator’s award final and binding on th... |
| 30 Sep 2021 | Pride Milling Company (Pty) Ltd v Bekker NO and Another[2021] ZASCA 127 · 393/2020 · Company law – s 341(2) of the Companies Act of 1973 – disposition by a company of its property after commencement of winding-up – such dispo... |
| 30 Sep 2021 | MEC for Health and Social Development, Gauteng v MM on behalf of OM[2021] ZASCA 128 · 697/2020 · Delict – medical negligence – damages – liability in respect of a minor born with brain damage who now suffers from cerebral palsy – whether... |
| 30 Sep 2021 | Nimble Investments (Pty) Ltd v Johanna Malan and Others[2021] ZASCA 129 · 556/2020 · Land – land reform – Extension of Security of Tenure Act of 1997 (ESTA) – whether eviction order just and equitable – fundamental breach of... |
| 30 Sep 2021 | Lonwabo Hlakanyane v Ziyanda Hlakanyane[2021] ZASCA 130 · 775/2020 · Matrimonial Property Act of 1984 – interpretation of s 18 – amount received as non-patrimonial delictual damages prior to marriage in commun... |
| 29 Sep 2021 | Pick ’n Pay Retailers (Pty) Ltd v Pillay[2021] ZASCA 125 · 900/2020 · Negligence – foreseeability of harm – failure to guard against – shopper injured when struck by automated boom gate – exit of parking area f... |
| 29 Sep 2021 | Bassani Mining (Pty) Ltd v Sebosat (Pty) Ltd & others[2021] ZASCA 126 · 835/2020 · Civil procedure – common law remedy – anti-dissipation interdict – whether it was a requirement for an anti-dissipation interdict for an app... |
| 23 Sep 2021 | Traxys Africa Holdings Ltd and Another v Westbrook Resources Ltd[2021] ZASCA 122 · 509/2020 · Partly oral and partly written agreements – whether the terms of the oral parts of the agreements included an obligation on the part of the... |
| 23 Sep 2021 | Luhlwini Mchunu Community v Hancock and Others[2021] ZASCA 123 · 423/2020 · Civil procedure – application for leave to appeal referred for oral argument in terms of s 17(2)(f) of Superior Courts Act of 2013 – costs o... |
| 23 Sep 2021 | Somali Association of South Africa and Others v The Refugee Appeal Board and Others[2021] ZASCA 124 · 585/2020 · Applications for refugee status – duty on decision-maker to assist asylum seeker to obtain as full a picture as possible on which to predica... |
| 22 Sep 2021 | Kouwenhoven v Minister of Police and Others[2021] ZASCA 119 · 888/2020 · Extradition Act of 1962 – validity of arrest in terms of s 5(1)(b) of the Act – whether officials gave an undertaking not to arrest the appe... |
| 22 Sep 2021 | Kouwenhoven v DPP (Western Cape) and Others[2021] ZASCA 120 · 288/2021 · Section 10(1) of the Extradition Act of 1962 – discharge of person whose extradition is requested on question of law – appealable in terms o... |
| 22 Sep 2021 | Afriforum NPC v Minister of Tourism and Others; Solidarity Trade Union v Minister of Small Business Development and Others (499/2020 and 498/2020)[2021] ZASCA 121 · Disaster Management Act of 2002 (DMA) – validity of direction made by Minister of Tourism under the DMA for the provision of funds from the... |
| 20 Sep 2021 | SA National Roads Agency SOC Limited v Fountain Civil Engineering (Pty) Ltd and Another[2021] ZASCA 118 · 395/2020 · Law of Contract – unconditional performance guarantee – interdict to restrain beneficiary from lodging claim under guarantee – no right esta... |
| 17 Sep 2021 | Ombud for Financial Services Providers v CS Brokers CC and Others[2021] ZASCA 117 · 781/2020 · Review – Financial Advisory and Intermediary Services Act – application under s 27(3) for hearing of oral evidence or referral to court – Om... |
| 16 Sep 2021 | Padayachee v The State[2021] ZASCA 115 · 679/2020 · Criminal procedure – leave to appeal against convictions and sentence refused by regional court and the high court – whether there are reaso... |
| 16 Sep 2021 | Mukuru Africa (Pty) Ltd v Commissioner for the South African Revenue Service[2021] ZASCA 116 · 520/2020 · Value-added tax (VAT) - apportionment of input VAT under s 17(1) of the Value-Added Tax Act of 1991. _______________________________________... |
| 9 Sep 2021 | Jugwanth v MTN[2021] ZASCA 114 · 529/2020 |
| 8 Sep 2021 | Federation Internationale de Football Association v Kgopotso Leslie Sedibe & Another[2021] ZASCA 113 · 303/2020 · Practice and procedure – attachment to found jurisdiction – property attached in relation to an envisaged review of an administrative body t... |
| 1 Sep 2021 | Lungisa Grifhs v The State[2021] ZASCA 112 · 433/2020 · Criminal procedure – appeal against refusal of petition by High Court – reasonable prospects of success on appeal against conviction and sen... |
| 10 Aug 2021 | The MEC for Health & Social Development, Gauteng v TM obo MM[2021] ZASCA 110 · 380/2019 · Claim by mother on behalf of child suffering from cerebral palsy in consequence of acute profound hypoxic ischaemia intrapartum – whether ho... |
| 10 Aug 2021 | Commissioner, South African Revenue Service v Glencore Operations SA (Pty) Ltd[2021] ZASCA 111 · 462/2020 · Revenue –Customs and Excise Act of 1964 (the Act) – diesel fuel concession – entitlement to a refund of diesel fuel levy used for primary pr... |
| 5 Aug 2021 | Harbour Arch Investment Holdings (Pty) Ltd v Capital Propfund 4 (Pty) Ltd[2021] ZASCA 108 · 437/2020 · Contract – acquisition by sub-lessee of immovable property previously rented by it– sub-lessee’s contractual obligations under a leases assi... |
| 5 Aug 2021 | Davidan v Polovin N O and Others[2021] ZASCA 109 · 167/2020 · Application for eviction under PIE – unlawful occupation – Consent to occupy – under an oral lease – termination – was consent lawfully term... |
| 3 Aug 2021 | L v The Ad Hoc Central Authority for the Republic of South Africa and Others[2021] ZASCA 107 · 1143/21 · International Child Abduction – Hague Convention on Civil Aspects of International Child Abduction (1980) – application for leave to appeal... |
| 30 Jul 2021 | Machi v The State[2021] ZASCA 106 · 256/2020 · Criminal law – murder – circumstantial evidence – sufficiency and reliability thereof – whether common purpose was established – whether con... |
| 26 Jul 2021 | The Member of the Executive Council, Department of Health, North West v NAM obo TN[2021] ZASCA 105 · 035/2020 · Delict – medical negligence – claim for damages based on failure to attend to plaintiff before delivery and foetus after delivery – whether... |
| 23 Jul 2021 | Electoral Commission of South Africa v Democratic Alliance and Others (1068 /2019)[2021] ZASCA 103 · Elections – Electoral Act of 1998 (EA) – prohibition on persons publishing false information in s 89(2) to influence outcome of election – C... |
| 23 Jul 2021 | Tshepe and Another v Rustia Feed (Pty) Ltd[2021] ZASCA 104 · 90/2020 · Contract – suretyship clause embodied in credit agreement – application for special leave to appeal to the SCA in terms of s 17(2)(d) of the... |
| 20 Jul 2021 | South African Reserve Bank v Leathern N O and Others[2021] ZASCA 102 · 854/2020 · Insolvency law – funds in bank accounts blocked in terms of Regulation 22A and/or 22C of the Exchange Control Regulations – whether the requ... |
| 14 Jul 2021 | Grobler v Phillips and Others[2021] ZASCA 100 · 446/20 · Prevention of Illegal Eviction and Unlawful Occupation of Land Act of 1998 – relationship with Extension of Security of Tenure of Land Act o... |
| 14 Jul 2021 | Bertie Van Zyl (Pty) Ltd t/a ZZ2 and Others v Minister of Agriculture, Forestry and Fisheries and Others[2021] ZASCA 101 · 549/2020 · Constitutional challenge to the power of an assignee to determine its fees – s 3(1A)(b)(ii) of the Agricultural Product Standards Act 119 of... |
| 9 Jul 2021 | City of Johannesburg Metropolitan Municipality v Zibi and Another[2021] ZASCA 97 · 234/2020 · Municipal law – Local Government: Municipal Property Rates Act of 2004 – municipality within its powers to impose a penalty tariff in the in... |
| 9 Jul 2021 | Mabaso v The State[2021] ZASCA 98 · 677/2020 · Criminal Law – a confession by an accused shall not be admissible as evidence against his or her co-accused – a previous inconsistent statem... |
| 9 Jul 2021 | Capitec Bank Holdings Limited and Another v Coral Lagoon Investments 194 (Pty) Ltd and Others[2021] ZASCA 99 · 470/2020 · Contract – approach to interpretation – good faith – consent as a requirement for the sale of shares – past conduct as a guide to interpreta... |
| 1 Jul 2021 | Minister of Cooperative Governance and Traditional Affairs v De Beer and Another[2021] ZASCA 95 · 538/2020 |
| 1 Jul 2021 | Ethekwini Municipality v Crimson Clover Trading 17 (Pty) Ltd t/a Island Hotel[2021] ZASCA 96 · 280/2020 · Civil procedure – appeal against an order granting condonation for failure to serve notice in terms of s 3(2) of the Institution of Legal Pr... |