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Case law

Supreme Court of Appeal judgments

Newest first, read from the court's own list the day each is handed down.

Handed downJudgment
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...