Your first month for R1 Then your plan price. Cancel any time.
Start free
Case law

Supreme Court of Appeal judgments

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

Handed downJudgment
1 Jun 2017 Principal of Mbilwi High School v RM[2017] ZASCA 72 · 633/2016 · Appeal: mootness: the court should exercise its discretion to hear an appeal where it relates to the proper construction and application of...
1 Jun 2017 Primat Construction v Nelson Mandela Bay Metropolitan Municipality[2017] ZASCA 73 · 1075/2016 · Where a party to a contract repudiates it, the aggrieved party has an election to abide by the contract and enforce its performance: if that...
1 Jun 2017 Mpahla v RAF[2017] ZASCA 76 · 698/16 · Road Accident Fund of 1996 – Interpretation of regulation 3(3)(dA) of the Road Accident Fund Regulations – failure of the Fund to take a dec...
31 May 2017 No reason to interfere with the exercise of discretion. Carlswald & another v Brews[2017] ZASCA 68 · 245/2016 · Contract: cession: may be oral: where parties agree to reduce contract to writing there will be no contract until terms have been reduced to...
31 May 2017 Robbery – prosecution submitting that evidence of identification of accused unsatisfactory and that accused should be acquitted on appeal to full bench – appeal nonetheless dismissed – appeal upheld – function of appeal court where prosecution does not seek to uphold conviction. Wilkinson v The Law Society of the Northern Provinces[2017] ZASCA 69 · 783/2016 · Striking off is an appropriate sanction for an attorney guilty of misappropriation of trust moneys and failure to account for funds entruste...
30 May 2017 Magubane & another v Twin City Developers (Pty) Ltd & others[2017] ZASCA 65 · 981/16 · Extension of Security of Tenure Act of 1997: Land Claims Court erred in failing to consider probation officer’s report submitted in terms of...
30 May 2017 Lazarus Mbethe v United Manganese of Kalahari[2017] ZASCA 67 · 503/2016 · Derivative action: Section 165(5)(b) of the Companies Act of 2008: requirement of „good faith‟: proof by applicant on a balance of probabili...
29 May 2017 Broodryk v The State[2017] ZASCA 62 · 959/2016 · Sentence - imposition of - factors to be taken into account: appellant convicted on a charge of theft: previous conviction one of the factor...
29 May 2017 marriage out of community of property. Pearson v eThekwini Municipality[2017] ZASCA 63 · 241/2016 · Municipal Systems Act of 2000: Sections 102(1)(b) and 118(3): right of municipality to transfer credits between accounts: single account hol...
29 May 2017 content of the report not warranting interference with the eviction order. Patekile Holomisa v Nolizwe Holomisa[2017] ZASCA 64 · 564/2016 · Civil marriage solemnized in December 1995 in the erstwhile Transkei: the Marriage Extension Act of 1997 did not alter the matrimonial prope...
26 May 2017 Ndubu v First Rand Bank[2017] ZASCA 61 · 1113/2016 · Suretyship: release of surety due to alleged prejudicial conduct of creditor in not accepting offers that would eliminate or reduce surety’s...
25 May 2017 appeal dismissed. Lourens v Premier of the Free State Province & another[2017] ZASCA 60 · 526/16 · Contempt of court: failure to comply with court order: no proof of non-compliance, wilfulness or mala fides: s 16(2)(a)(i) of the Superior C...
24 May 2017 Klassen v The State[2017] ZASCA 58 · 57/2017 · Criminal Procedure: sentence: effect of convicted accused not testifying when considering whether substantial and compelling circumstances e...
24 May 2017 appeal dismissed with costs. Minister of Safety and Security v Augustine[2017] ZASCA 59 · 811/2016 · Delict: General damages: appeal against quantum: test: damages awarded not disproportionate: appeal against punitive costs order: order warr...
22 May 2017 MTO Forestry v Swart[2017] ZASCA 57 · 420/2016 · Delict: wrongfulness and fault separate elements: regard not to be had to foreseeability of harm in determining wrongfulness: whether reason...
19 May 2017 Saamwerk Soutwerke (Pty) Ltd v Minister of Mineral Resources (1098/2015 & 206/2016)[2017] ZASCA 56 · Delict: claim for damages consisting of pure economic loss: claim against first respondent based on negligent administrative omissions: omis...
18 May 2017 Khumalo v The State[2017] ZASCA 53 · 62/17 · Criminal Procedure : appeal against refusal of petition by the court a quo : robbery with aggravating circumstances contemplated in s of the...
18 May 2017 interference warranted. Moraitis Investments (Pty) Ltd v Montic Dairy (Pty) Ltd[2017] ZASCA 54 · 799/2016 · Settlement agreement – order of court – grounds for rescinding order – lack of authority to conclude settlement agreement – failure to prove...
18 May 2017 Zimila v S[2017] ZASCA 55 · 1179/16 · Criminal Law and Procedure : Sentence : cumulative effect thereof where appellant convicted of similar multiple offences : circumstances in...
8 May 2017 appeal dismissed. DPP, Pretoria v Benbelkacem[2017] ZASCA 52 · 831/16 · Criminal Law : application for condonation for late filing of the notice of appeal and reinstatement of appeal : no good cause shown for del...
2 May 2017 Shange v S[2017] ZASCA 51 · 613/2016
26 Apr 2017 288.08 KB No Summary FirstRand Bank Ltd v KJ Foods CC (In business rescue)[2015] ZASCA 50 · 734/2015 · Companies Act of 2008 : proposed business rescue plan : proper interpretation of section 153(1)(a)(ii) and 153(7) : the determination whethe...
25 Apr 2017 Llale v S[2017] ZASCA 49 · 663/2016 · Conviction and Sentence – special leave to appeal – reasonable prospects of success on appeal against conviction to the high court, and spec...
31 Mar 2017 Neotel (Pty) Ltd v Telkom SOC & others[2017] ZASCA 47 · 605/2016 · Appeal : Appealability : appeal against reasons for substantive order and not the order itself: appeal struck from the roll for lack of juri...
31 Mar 2017 187.68 KB Conviction and Sentence – special leave to appeal – reasonable prospects of success on appeal against conviction to the high court, and special circumstances present which would justify the grant of special leave to appeal to the high court – failure by the trial court to take account of inconsistencies in written statement and oral testimony of single witness – failure to consider elements of charge of attempt to steal a motor vehicle – leave to appeal to high court granted.[2017] ZASCA 48 · 233/2016 · Intellectual property: claim for patent infringement: s 45 Patents Act of 1978: extent of protection determined by wording of claims: claims...
30 Mar 2017 Griesel v Haasbroek[2017] ZASCA 39 · 538/2016 · Sale : action for purchase price : express term as to risk passing to purchaser : ambit of risk : risk event causing loss : purchase price p...
30 Mar 2017 Minister of Home Affairs v Saidi[2017] ZASCA 40 · 294/2016 · Refugees Act 130 of 1998 : section 21(1) : refusal of application for asylum : Chapter rights of review and appeal : unsuccessful : section...
30 Mar 2017 The Premier of the Western Cape Provincial Government N.O. v Rochelle Madalyn Kiewitz obo Jaydin Kiewitz[2017] ZASCA 41 · 158/2016 · Delict: damages: compensation for future medical expenses: impermissible to tender services in lieu of payment of a monetary award. ________
30 Mar 2017 Brooks v NDPP[2017] ZASCA 42 · 855/16 · Application for forfeiture order in terms of s 48(1) of the Prevention of Organised Crime Act 121 of 1998 : whether residential property is...
30 Mar 2017 Mashamaite & others v Mogalakwena Local Municipality & others (523 /2016) and MEC, Limpopo & another v Kekana & others[2017] ZASCA 43 · 548/2016 · Res Judicata : the same cause, between the same parties for the same relief : the court a quo was precluded from granting a substantive orde...
30 Mar 2017 appeal dismissed. Factaprops v The Land Bank[2017] ZASCA 45 · 353/2016 · The phrase ‘mortgage bond’ in s 11(a)(i) of the Prescription Act of 1969 has a wide meaning and includes a special notarial bond in terms of...
30 Mar 2017 application to intervene to support appellant dismissed. Marais & others v Varicor Nineteen (Pty) Ltd[2017] ZASCA 46 · 843/16 · Contract: whether agreement to establish a diesel depot constituted extension of an existing supply agreement between the respondent and a t...
29 Mar 2017 no enforceable right effected by retrospective operation of approval Head of Department, Mpumalanga Department of Education v Valozone 268 CC[2017] ZASCA 30 · 837/2015 · Administrative law: review of decision to cancel and re-advertise public tender: decision not authorised by regulation 8(4) of the Preferent...
29 Mar 2017 appeal upheld. Media 24 Limited v Du Plessis[2017] ZASCA 33 · 127/2016 · Defamation: liability of the media: test of: words complained of to be considered from the point of view of the reasonable reader: defence o...
29 Mar 2017 Cathay Pacific Airways & another v Lin & another[2017] ZASCA 35 · 260/2016 · Practice – urgent application – whether court order issued orally only was effective – whether there was proper notice and service to affect...
29 Mar 2017 appropriate to mulct attorney with costs. Nelson Mandela Bay Municipality v Amber Mountain Investments[2017] ZASCA 36 · 576/2016 · Local authority : Rates : Property rates levied for a financial year : levying of rates an integral part of budget process. Interpretation :...
29 Mar 2017 claim valid and enforceable. Adendorffs Boerderye v Shabalala & others[2017] ZASCA 37 · 997/15 · Conservation of Agricultural Resources Act of 1983 (CARA) : Regulation 9 : land users as defined in CARA responsible for ensuring that grazi...
29 Mar 2017 purchase price payable. Mount Amanzi Share Block Limited v The Body Corporate of Windsor Heights Sectional Title Scheme & others[2017] ZASCA 38 · 537/2016 · Deed of servitude : right to supply services to other party to deed : right to determine levies payable for services : bare denial of correc...
28 Mar 2017 SARS[2017] ZASCA 29 · 310/2016 · Revenue: capital gains tax arising from the sale of immovable property: sale cancelled more than three years after assessment of capital gai...
28 Mar 2017 Kitshoff v Fedsure Staff Pension Fund & others[2017] ZASCA 31 · 597/16 · Pension Fund,: termination of membership: s14(1) Pension Funds Act of 1956: transfer of benefits to new pension fund approved by Registrar:...
28 Mar 2017 award of R80 000 excessive justifying interference on appeal. University of the Free State v Afriforum[2017] ZASCA 32 · 1027/2016 · Review : whether decision of University to adopt language policy administrative action under Promotion of Administrative Justice Act of 2000...
27 Mar 2017 228.42 KB Criminal Law - conviction on housebreaking with intent to commit indecent assault and indecent assault - whether the State proved the identity of the appellant and all the elements of housebreaking with intent to commit indecent assault and indecent assault beyond reasonable doubt. Harrielall v University of KwaZulu-Natal[2017] ZASCA 25 · 493/2016 · Promotion of Administrative Justice Act of 2000 : refusal of application for admission to course of study leading to MBChB degree : applicat...
27 Mar 2017 Ndlovu v S[2017] ZASCA 26 · 925/2016 · Imposition of non-parole period in terms of s 276B of the Criminal Procedure Act of 1977 : sentence : misdirection by trial court in imposin...
27 Mar 2017 no basis to find that a body corporate of a sectional title development need not prove pecuniary benefit to the general body of creditors. Kotze v The State[2017] ZASCA 27 · 776/16 · Criminal Law ─ conviction on housebreaking with intent to commit indecent assault and indecent assault ─ whether the State proved the identi...
27 Mar 2017 Body Corporate v Sithole & another[2017] ZASCA 28 · 240/2016 · Application for compulsory sequestration : advantage to creditors as contemplated in s 10(c) of the Insolvency Act, of 1936 not proven : no...
24 Mar 2017 appeal dismissed with costs. ZNK Investments CC v Luckytso Transport and Construction CC[2017] ZASCA 20 · 328/2016 · Company law: sale in execution of property of close corporation whilst deregistered: reinstatement in terms of s 82(4) of the Companies Act...
24 Mar 2017 statement in terms of s 115 of the Criminal Procedure Act 51 of 1977 Manukha v Road Accident Fund[2017] ZASCA 21 · 285/2016 · Road Accident Fund Act of 1996: ss 17(1); and read with regulation 3(3)(b)(ii): Damages: motor vehicle accident: claim for compensation agai...
24 Mar 2017 Mazina v The State[2017] ZASCA 22 · 494/2016 · Evidence: sufficiency of: statement in terms of s 115 of the Criminal Procedure Act of 1977. 2 _____________________________________________...
24 Mar 2017 final order winding-up the respondent granted. Asla Construction (Pty) Ltd v Buffalo City Metropolitan Municipality[2017] ZASCA 23 · 894/2016 · Promotion of Administrative Justice Act of 2000 : ss 6, and 9 : application in terms of s for extension of statutory period in terms of s 7...
24 Mar 2017 appeal upheld. Afgri Operations Ltd v Hamba Fleet Management (Pty) Ltd[2017] ZASCA 24 · 542/16 · Company law : application for a final order of liquidation : underlying debt admitted by the respondent : no allegation that respondent solv...