Newest first, read from the court's own list the day each is handed down.
| Handed down | Judgment |
|---|---|
| 18 Dec 2020 | Bailey and Another v Bailey[2020] ZASCA 178 · 1324/2019 · Family law – interpretation of word ‘remarriage’ in deed of settlement made order of court – means marriage recognised by law – religious Ch... |
| 18 Dec 2020 | Themba Yende and Another v Felani Yende and Another[2020] ZASCA 179 · 1128/19 · Customary Law – recognition and appointment of traditional leader –whether provisions of the Traditional Leadership and Governance Framework... |
| 17 Dec 2020 | EFF and Others v Manuel[2020] ZASCA 172 · 711/2019 · Defamation – defences – lack of animus iniuriandi – whether established - reasonable publication in relation to media defendants – requireme... |
| 17 Dec 2020 | Guardrisk Insurance Company Limited v Café Chameleon CC[2020] ZASCA 173 · 632/20 · Insurance law – contract providing cover for loss resulting in interruption of business for notifiable disease occurring within km of busine... |
| 17 Dec 2020 | Bester and Others NNO v Gouws and Others[2020] ZASCA 174 · 851/2019 · Prescription Act of 1969 – sections 12(1) and 12(3) – knowledge of identity of debtor and basis of cause of action – when knowledge acquired... |
| 15 Dec 2020 | Johannesburg Society of Advocates and Another v Seth Azwihangwisi Nthai and Others (879/2020 and 880/2019)[2020] ZASCA 171 · Advocate – misconduct – application for readmission – nature of proceedings – onus to be discharged by applicant seeking readmission – stand... |
| 14 Dec 2020 | The Member of the Executive Council for Health, Eastern Cape v Zimbini Mpetsheni obo Luyanda Mpetsheni[2020] ZASCA 169 · 576/2019 · Action in delict – acute profound brain injury during labour causing the child to suffer from cerebral palsy – whether the trial court could... |
| 14 Dec 2020 | The South African Legal Practice Council v Alves and Others[2020] ZASCA 170 · 1255/2019 · Legal Practice Act of 2014 – legal practitioners to be admitted and enrolled either as advocate or attorney – s 115 preserves the right of a... |
| 11 Dec 2020 | Vukeya v Ntshane and Others[2020] ZASCA 167 · 518/2019 · Matrimonial Property Act of 1984 – ss 15(2)(a) and 15(9)(a) – spouses married in community of property – sale and registration of immovable... |
| 11 Dec 2020 | Bokoni Platinum Mines v Abram Moropane (/1035/2019)[2020] ZASCA 168 · Whether the judgment refusing the application for leave to amend plea and counterclaim was res judicata – whether the recusal of the judicia... |
| 10 Dec 2020 | K2012076290 (Pty) Ltd v Oude Chardonnay Rusoord (Pty) Ltd and Another[2020] ZASCA 164 · 642/2019 · Mortgage bond – whether property to be mortgaged identifiable- court raising issues not raised by either party - issues identified by court... |
| 10 Dec 2020 | MEC for Health, Western Cape v Coboza[2020] ZASCA 165 · 1087/2019 · Extinctive prescription – s 12(3) of Prescription Act of 1969 – involves two enquiries in respect of facts from which the debt arises (prima... |
| 10 Dec 2020 | Rugnanan v State[2020] ZASCA 166 · 259/18 · Criminal law and procedure – application for reconsideration of order refusing special leave – whether evidence of single witness passed mus... |
| 9 Dec 2020 | Knoop and Another NNO v Gupta (No 2)[2020] ZASCA 163 · 116/2020 · Removal of business rescue practitioners – s 139(2) of Companies Act of 2008 – grounds – whether grounds for their removal established. |
| 8 Dec 2020 | Tayob and Another v Shiva Uranium (Pty) Ltd and Others[2020] ZASCA 162 · 336/2019 · Company law – business rescue supervision under Companies Act of 2008 – business rescue practitioner appointed by board of company in terms... |
| 7 Dec 2020 | National Union of Metal Workers of South Africa and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others[2020] ZASCA 161 · 6/2020 · Interpretation of statutes –– whether s of the Regulation of Gatherings Act 205 of 1963 applies to a picket authorised by a registered trade... |
| 3 Dec 2020 | Zungu-Elgin Engineering (Pty) Ltd v Jeany Industrial Holdings (Pty) Ltd and Others[2020] ZASCA 160 · 1138/2019 · Suretyship – at common law a surety’s right of recourse arises upon payment to creditor – s 154(2) of the Companies Act of 2008 does not alt... |
| 1 Dec 2020 | Road Accident Fund v Busuku[2020] ZASCA 158 · 1013/19 · Section of Road Accident Fund Act of 1996 – failure to complete ‘Medical Report’ section of RAF form – submission of hospital records togeth... |
| 1 Dec 2020 | Masibuyisane Services (Pty) Ltd v Eqstra Corporation (Pty) Ltd[2020] ZASCA 159 · 1245/2019 · Consequences of conversion of a close corporation into a company in terms of s 29C(1) of the Companies Act of 1973 and vice versa, in terms... |
| 30 Nov 2020 | SA Airlink v SAA (SOC) Limited and Others[2020] ZASCA 156 · 238/2020 · Company Law – business rescue – revenue received by first respondent shortly prior to being placed under business rescue – appellant preclud... |
| 30 Nov 2020 | Madibeng Local Municipality v Public Investment Corporation Ltd[2020] ZASCA 157 · 955/2019 · Claims for payments of debts – quantum admitted or deemed to be admitted on the pleadings – Prescription Act of 1969 – s 11(b) – the Public... |
| 27 Nov 2020 | Beyond Platinum (Pty) Ltd v Ellies Electronics (Pty) Ltd[2020] ZASCA 154 · Counterfeit Goods Act of 1997 – whether search and seizure warrants lawfully obtained – whether interim interdict to preclude dealing in off... |
| 27 Nov 2020 | Doorewaard and Another v The State[2020] ZASCA 155 · 908/2019 · Mutually destructive versions – evidence of a single witness – corroboration of evidence of a single witness – duty to call important witnes... |
| 26 Nov 2020 | Nkandla Local Municipality and Others v MEC for the Department of COGTA and Others[2020] ZASCA 153 · 485/2019 |
| 25 Nov 2020 | The Minister of Home Affairs and Others v Jose and Another[2020] ZASCA 152 · 169/2020 · South African Citizenship Act of 1995 – clear that all four requirements in s 4(3) met – no reason to remit matter to decision-maker. ______... |
| 20 Nov 2020 | City Power (SOC) Limited v CSARS[2020] ZASCA 150 · 1147/2019 · Income Tax Act of 1962 – appellant not a municipality or local sphere of government – appellant’s accruals and receipts not exempt from norm... |
| 20 Nov 2020 | CMC v CIPC and Others[2020] ZASCA 151 · 1325/2019 · Companies Act of 2008 – business rescue – whether external company can enter business rescue – recognition of foreign composition among cred... |
| 19 Nov 2020 | Knoop and Another NNO v Gupta (No 1)[2020] ZASCA 149 · 115/2020 · Suspension of operation of order pending an appeal – section 18(1) of Superior Courts Act of 2013 – leave to execute on order in terms of s... |
| 18 Nov 2020 | Mulaudzi v Mudau and Others[2020] ZASCA 148 · 1034/2019 · Matrimonial Property Act of 1984 – ss 15(2)(a) and 15(9)(a) – spouses married in community of property – sale of fixed property by one spous... |
| 13 Nov 2020 | Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another[2020] ZASCA 146 · 577/2019 · Contract law – performance guarantee – whether in terms of the underlying contract in this case the beneficiary under a performance guarante... |
| 13 Nov 2020 | Van Heerden v Bronkhorst[2020] ZASCA 147 · 846/19 · Rescission of judgment – rule 42(1)(a) – notice of motion a hybrid between form and form 2(a) – form condoned – no prejudice to any affected... |
| 5 Nov 2020 | Holden v Assmang Limited[2020] ZASCA 145 · 1277/19 · Prescription Act of 1969 – when prescription started running – result favourable to the plaintiff remains a requirement for the completion o... |
| 4 Nov 2020 | Brocsand (Pty) Ltd v Tip Trans Resources (Pty) Ltd and Others[2020] ZASCA 144 · 925/2019 · Contract – right of first refusal – grantee cannot, by application of the Oryx mechanism and the doctrine of notice, acquire more rights tha... |
| 2 Nov 2020 | Afribusiness NPC v The Minister of Finance[2020] ZASCA 140 · 1050/2019 · Exercise of power by Minister under s of the Preferential Procurement Policy Framework Act of 2000 to make Preferential Procurement Regulati... |
| 2 Nov 2020 | Hortors Pension Fund v Financial Sector Conduct Authority and Another[2020] ZASCA 141 · 054/2020 · Whether regulation promulgated by Minister, in terms of which a board of a pension fund is obliged to place calculable enhancements due to f... |
| 2 Nov 2020 | Southern Sun Group Retirement Fund v The Registrar of Pension Funds and Others[2020] ZASCA 142 · 215/2019 · Whether regulation promulgated by Minister, in terms of which a board of a pension fund is obliged to place calculable enhancements due to f... |
| 2 Nov 2020 | Vrystaatse Munisipale Pensioenfonds v The Minister of Finance and Another[2020] ZASCA 143 · 1161/18 · Whether regulation promulgated by Minister, in terms of which a board of a pension fund is obliged to place calculable enhancements due to f... |
| 30 Oct 2020 | Jacob G Zuma v The Office of the Public Protector and Others[2020] ZASCA 138 · 1447/18 · Application for leave to appeal to Supreme Court of Appeal – against high court’s refusal to grant leave to appeal costs order – awarded aga... |
| 30 Oct 2020 | Mgijima v The Premier of the Eastern Cape Province & others[2020] ZASCA 139 · 949/2018 · Traditional Leadership and Governance Framework Act of 2005 – review of decision declaring fourth respondent had a hereditary claim to chief... |
| 29 Oct 2020 | Tiry and Others v The State (52/2018 and 149/2018)[2020] ZASCA 137 · Prevention of Organised Crime Act 121 of 1998 (POCA) – sections (1)(e) and 2(1)(f) thereof – meaning of the phrase ‘conducts or participates... |
| 27 Oct 2020 | The Premier for the Province of Gauteng and Others v Democratic Alliance and Others[2020] ZASCA 136 · 394/2020 · Appeal in terms of s 18(4) of the Superior Courts Act of 2013 (the Act) – against implementation of order reviewing and setting aside the di... |
| 23 Oct 2020 | Fletcher v McNair[2020] ZASCA 135 · 1350/2019 · Trust — trustee — removal of — breakdown in relationship between co- trustees originating from outside the Trust – on its own not sufficient... |
| 21 Oct 2020 | Pepkor Holdings Ltd and Others v AJVH Holdings (Pty) Ltd and Others; and Steinhoff International Holdings NV and Another v AJVH Holdings (Pty) Ltd and Others (205/2020 and 217/2020)[2020] ZASCA 134 · Interim interdict – preserving property pendente lite – based on res litigiosa – requirements not met – fraud – inappropriate to make findin... |
| 20 Oct 2020 | and 217/2020 Lepelle Industrial and Mining Supplies CC v Streaks Ahead Investments (Pty) Ltd and Others[2020] ZASCA 133 · 429/19 · Application for special leave to appeal – full court upheld appeal and set aside temporary interdict restraining respondents from constructi... |
| 19 Oct 2020 | Smit and Others v Origize 166 Strand Real Estate (Pty) Ltd and Others[2020] ZASCA 132 · 710/19 · Principal and agent – power of attorney granted by company to secure a debt owed to the grantee – Power of attorney given as security for a... |
| 16 Oct 2020 | Thipe & Another v City of Tshwane Metropolitan Municipality & Others[2020] ZASCA 131 · 254/2019 · Appeal against order upholding exception and dismissing application – the upholding of an exception disposes of the pleading not the action... |
| 15 Oct 2020 | Seale and Others v Minister of Public Works and Others[2020] ZASCA 130 · 899/2019 · Contract – agreement to agree – unenforceable in absence of deadlock- breaking mechanism. Acquisitive prescription – of servitude under Pres... |
| 13 Oct 2020 | Moyeni v De Vries and Others NNO[2020] ZASCA 128 · 808/19 · Land – eviction under Extension of Security of Tenure Act of 1997 (ESTA) – whether appellant was a protected occupier as envisaged in s 8(4)... |
| 13 Oct 2020 | Transnet National Ports Authority v Reit Investments (Pty) Limited and Another[2020] ZASCA 129 · 1159/2019 · Notarial deeds of lease – determination of rental payable by umpire appointed jointly by lessor and lessee – umpire executing mandate in acc... |
| 12 Oct 2020 | Huysamen & another v Absa Bank Limited & others[2020] ZASCA 127 · 660/2019 · Application for condonation – adequacy of explanation for delay – attorney remiss – section 5 (1) of the Insolvency Act of 1936 considered.... |