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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
1 Dec 2017 351.92 KB Contract – breach of mandate by first attorneys in under-settling RAF claim – breach by second attorneys in allowing claim against first attorneys to prescribe – damages to be assessed at notional trial date of RAF claim. Contract – damages – whether court a quo ought to have reduced damages for delay in bringing claim to trial. Interest – applicability of s 2A(5) of Prescribed Rate of Interest Act 55 of 1975. Media24 (Pty) Ltd v Estate Late Du Plessis[2017] ZASCA 168 · 169/2017 · Appeal ─ Determination of the price of shares by an independent expert ─ appeal against the decision to enforce the award made by an indepen...
1 Dec 2017 Drake Flemmer & Orsmond Inc & another v Gajjar NO[2017] ZASCA 169 · 21/2017 · Contract – breach of mandate by first attorneys in under-settling RAF claim – breach by second attorneys in allowing claim against first att...
1 Dec 2017 Wierda Road West Property (Pty) Ltd v SizweNtsalubaGobodo Inc[2017] ZASCA 170 · 1156/16 · Lease – National Building Regulations and Building Standards Act 103 of 1977 – lease agreement not rendered invalid and unenforceable by ss...
1 Dec 2017 Omega Risk Solutions (Pty) Ltd v De Witt[2017] ZASCA 171 · 149/2017 · Prescription Act of 1969 – s 12(3) – identity of debtor and facts from which debt arose – objective standard of reasonable care – statutory...
1 Dec 2017 Stedall v Aspeling[2017] ZASCA 172 · 1326/2016 · Delict: claim based on negligent omission: young child falling into swimming pool: necessity to show landowner’s omission to secure gate in...
1 Dec 2017 230.48 KB Appeal against conviction and sentence – doctrine of common purpose improperly applied – conviction set aside – sentence reduced based on misdirections including failure to take into account considerable period spent in detention pending finalisation of trial. Malele v The State[2017] ZASCA 173 · 723/2016 · Reconsideration in terms of s 17(2)(f) of the Superior Courts Act of 2013 of a decision of two judges of the court refusing leave to appeal...
1 Dec 2017 251.18 KB Administrative law – Review of decision of director determining administrative penalty payable in terms of s 24G(4) of the National Environmental Management Act 107 of 1998 (NEMA) – Duty to exhaust internal remedies before instituting legal proceedings – s 7(2) of the Promotion of Administrative Justice Act 3 of 2000 - duty absolute except where court grants exemption upon being satisfied that there are ‘exceptional circumstances’ and that it is in the interest of justice tha[2017] ZASCA 174 · 876/2017 · Appeal against conviction and sentence – doctrine of common purpose improperly applied – conviction set aside – sentence reduced based on mi...
1 Dec 2017 MEC for Local Government, Environmental Affairs and Development Planning, Western Cape & another v Hans Ulrich Plotz NO & another[2017] ZASCA 175 · 495/2017 · Administrative law – Review of decision of director determining administrative penalty payable in terms of s 24G(4) of the National Environm...
1 Dec 2017 Mohamed’s Leisure Holdings (Pty) Ltd v Southern Sun Hotel Interests (Pty) Ltd[2017] ZASCA 176 · 183/17 · Contract law – cancellation clause not unfair or unreasonable – doctrine of pacta sunt servanda to be enforced and applied – impermissible t...
1 Dec 2017 City Capital SA Property Holdings Ltd v Chavonnes Badenhorst St Clair Cooper NO[2017] ZASCA 177 · 85/2017 · Companies Act of 2008 : when making an order under s 20(9)(a), a court has no power to order a person to act as the liquidator of a company...
1 Dec 2017 131.5 KB Appeal against sentence – misdirections by the court a quo, including failure to take period of incarceration into account pending finalisation of the trial – sentences reduced. Van der Westhuizen v Burger[2017] ZASCA 178 · 204/2017 · Actio de ferris – defence of provocation – ostrich provoked – owner not liable.
1 Dec 2017 Milton Zwane & others v The State,[2017] ZASCA 179 · 1296/2016 · Appeal against sentence – misdirections by the court a quo, including failure to take period of incarceration into account pending finalisat...
1 Dec 2017 Diener N.O. v Minister of Justice[2017] ZASCA 180 · 926/2016 · Companies Act of 2008 – business rescue – whether, when business rescue converted to liquidation, business rescue practitioner’s claim for r...
1 Dec 2017 142.13 KB Criminal law and procedure – evidence obtained contrary to the provisions of s 35 of the Constitution – appellant assaulted - trial rendered unfair - onus on the State to prove that a confession or admission was made voluntarily - no admissible incriminating evidence against the appellant – convictions and sentences set aside. Msimango v The State[2017] ZASCA 181 · 698/2017 · Criminal Law – appellant convicted of one count of robbery with aggravating circumstances read with s 51(2) of the Criminal Law Amendment Ac...
30 Nov 2017 243.4 KB Appeal ─ Determination of the price of shares by an independent expert ─ appeal against the decision to enforce the award made by an independent expert ─ whether there was a manifest error in the report of the independent expert in that he went beyond the terms of the mandate ─ whether the court a quo correctly found that there was no manifest error. Esquire Consulting and Marketing CC v Sea Glades Holdings (Pty) Ltd[2017] ZASCA 167 · 1315/2016 · Simultaneous applications for rezoning and subdivision of land brought under the Land Use Planning Ordinance of 1985, Cape (LUPO): subdivisi...
29 Nov 2017 Minister of Rural Development and Land Reform v Normandien Farms & others; Mathimbane & others v Normandien Farms Cases 512/2016 & 370/2017[2017] ZASCA 163 · Civil procedure – application for condonation and reinstatement by appellants in Case 370/2017 (‘occupants’) granted in interests of justice...
29 Nov 2017 C Septoo obo J M Septoo & another v The Road Accident Fund[2017] ZASCA 164 · 058/2017 · Delict – action for damages – loss of support – dependant's action – breadwinner died as a result of own negligence – single vehicle acciden...
29 Nov 2017 227.6 KB Contract – whether contract can be terminated without entering into negotiations – duty to negotiate in good faith – appellant not obliged to renew lease agreement – application for eviction upheld – not competent for court to import term not intended by parties simply on the basis of ubuntu. Pan African Mineral Development Company (Pty) Ltd & others v Aquila Steel (S Africa) (Pty) Ltd[2017] ZASCA 165 · 179/2017 · Mineral and Petroleum Resources Development Act of 2002 – s16 read with Item of Schedule 2 – Department of Mineral Resources granting rights...
29 Nov 2017 Roazar CC v The Falls Supermarket[2017] ZASCA 166 · 232/2017 · Contract – whether contract can be terminated without entering into negotiations – duty to negotiate in good faith – appellant not obliged t...
27 Nov 2017 210.8 KB Validity of an investment consulting agreement – whether the signatories who signed the agreement on behalf of the appellant had authority – whether the agreement was ultra vires the rules of the appellant. IEC v Cape Party (1233/17); IEC v Khai-Ma Onafhanklike Kandidate Koalisie[2017] ZASCA 161 · 1268/17 · Suretyship: release of surety due to alleged prejudicial conduct of creditor in not accepting offers that would eliminate or reduce surety’s...
27 Nov 2017 Mathibela v The State[2017] ZASCA 162 · 714/2017 · Application for condonation – late filing of and reinstatement of lapsed appeal – inadequacy of explanation - delay unreasonable and would r...
24 Nov 2017 216.51 KB Condonation and reinstatement of lapsed appeal – explanation for delay in lodging notice of appeal and appeal record inadequate – delay extreme and explanation unacceptable – condonation refused – special plea of autrefois acquit and application to stay prosecution - no prospect of success – conduct of judicial officer - must be seen to be independent and impartial and treat persons with civility and courtesy – referred to Magistrate’s Commission. Road Accident Fund v Mohohlo[2017] ZASCA 155 · 882/16 · Delict – dependant’s action – claim by deceased’s aunt – de facto adoption – deceased owed her duty of support – claimant sufficiently indig...
24 Nov 2017 Sayed v The State[2017] ZASCA 156 · 530/2017 · Condonation and reinstatement of lapsed appeal – explanation for delay in lodging notice of appeal and appeal record inadequate – delay extr...
24 Nov 2017 Minister of Defence v Mamasedi[2017] ZASCA 157 · 622/2017 · Defence Act of 2002 – Section 59(3) – deemed dismissal of member after absence of days – re-instatement of member on good cause shown – boar...
24 Nov 2017 such error constituting a question of law. The Director of Public Prosecutions, Gauteng v Oscar Leonard Carl Pistorius[2017] ZASCA 158 · 950/2016 · Criminal law and procedure – murder – appeal against sentence arising from conviction of murder dolus eventualis – sentence of six years' im...
24 Nov 2017 Director of Public Prosecutions, Limpopo v Mokgotho[2017] ZASCA 159 · 068/2017 · Criminal law and procedure: Criminal Procedure Act of 1977, s 319: application for leave to appeal by State on question of law: acquittal of...
24 Nov 2017 197.88 KB Application for condonation – late filing of and reinstatement of lapsed appeal – inadequacy of explanation - delay unreasonable and would result in inordinate miscarriage of justice - no prospects of success – application dismissed. HMI Healthcare Corporation (Pty) Limited v Medshield Medical Scheme & others[2017] ZASCA 160 · 1213/2016 · Application for rescission – whether applicant an affected party as contemplated in Rule 42(1)(a) of the Uniform Rules of Court – whether re...
22 Nov 2017 whether the manner in which parties gave effect to the agreement accorded with proper interpretation. Red Coral Investments (Pty) Ltd v Cape Peninsula University of Technology[2017] ZASCA 152 · 498/17 · Condonation application – pleadings – exception – National Student Financial Aid Scheme Act of 1999 precluding oral agreement between NSFAS...
22 Nov 2017 112.33 KB Criminal law and procedure – application for leave to appeal against appeal court striking off application for leave to appeal against its order in terms of the Superior Court Act 10 of 2013 – application for leave to appeal pending at promulgation of Act 10 of 2013 – Act not only regulating procedural issues but substantive rights as well – prospective only – applicable legislation Supreme Court Act 59 of 1959. The Commissioner for SARS v Reunert Ltd[2017] ZASCA 153 · 971/2016 · Liability for income tax: Whether commission earned in terms of agreement accrued to taxpayer: proper interpretation of agreement: language,...
21 Nov 2017 effective sentence 23 years’ imprisonment Umude & others v The State[2017] ZASCA 150 · 148/2017 · Criminal Procedure – appeal against conviction – leave to appeal refused by magistrate – petition refused by the courts a quo – special leav...
21 Nov 2017 DPP v Plekenpol[2017] ZASCA 151 · 333/17 · Criminal law and procedure : cross-appeal by the State : prescribed minimum sentence for robbery involving the taking of a motor vehicle not...
15 Nov 2017 175.61 KB Criminal Procedure – appeal against conviction – leave to appeal refused by magistrate – petition refused by the courts a quo – special leave to appeal against conviction granted by the Supreme Court of Appeal – Section 309 of the Criminal Procedure Act – whether leave to appeal ought to have been granted. Qhinga v State[2017] ZASCA 149 · 1327/2016 · Evidence – pointing-out – trial-within-a trial – after pointing out ruled admissible, no evidence in record to prove contents of pointing-ou...
8 Nov 2017 252.62 KB Evidence – pointing-out – trial-within-a trial – after pointing out ruled admissible, no evidence in record to prove contents of pointing-out – such evidence either not led or, if led, lost and not capable of being reconstructed – no admissible evidence implicating appellant in commission of offences – convictions and sentences set aside. Botha v S[2017] ZASCA 148 · 901/2016 · Criminal procedure – refusal of discharge in terms of s 174 – court a quo did not act irregularly by refusing discharge – there was evidence...
26 Oct 2017 398.1 KB Criminal procedure – refusal of discharge in terms of s 174 – court a quo did not act irregularly by refusing discharge – there was evidence on which a reasonable court might convict. Criminal procedure – reopening of the State’s case – State failed to establish grounds for reopening – court a quo’s decision to allow reopening irregular (Mokgohloa AJA and Mbatha AJA dissenting). Criminal procedure – whether State proved beyond reasonable doubt that appellant shot deceased and[2017] ZASCA 147 · 674/2016 · Company: Shareholders: Oppression: Oppressive or Unfairly Prejudicial Conduct: Section 252 of the Companies Act of 1973: party entitled to r...
13 Oct 2017 Hassim Hardware v Fab Tanks[2017] ZASCA 145 · 1129/2016 · Rescission of default judgment –– Uniform Rules of Court 31(2)(a) and (b) –court of appeal may only interfere if power not properly exercise...
13 Oct 2017 Zuma v DA (771/2016); ANDPP V DA[2017] ZASCA 146 · 1170/2016 · Decision by Acting National Director of Public Prosecutions to discontinue prosecution – whether decision wanting for invocation and relianc...
2 Oct 2017 Road Accident Fund v Mphirime[2017] ZASCA 140 · 1036/2016 · Road Accident Fund Act of 1996 : undertaking to pay future services under s 17(4)(a) of that Act : undertaking may be given in respect of th...
2 Oct 2017 Bondev Midrand (Pty) Ltd v Puling (802/2016); Bondev Midrand (Pty) Ltd v Ramokgopa[2017] ZASCA 141 · 803/2016 · Immovable property : title deed : registered condition entitling developer to have property re-transferred to it in certain circumstances :...
2 Oct 2017 153.83 KB Appeal against costs – s 16(2)(a)(i) and (ii) of the Superior Courts Act 10 of 2013 – whether there are exceptional circumstances justifying a consideration of the matter with reference to the issue of costs – whether the Land Claims Court properly exercised its discretion in relation to the award of costs – appeal dismissed with costs. National Director of Public Prosecutions v Kalmar Industries SA (Pty) Ltd[2017] ZASCA 142 · 62/17 · Forfeiture of property : Section 50(1) of the Prevention of Organised Crime Act 121 of 1998 : whether property, a lifting platform and equip...
2 Oct 2017 Khumalo v Twin City Developers[2017] ZASCA 143 · 328/2017 · Forfeiture of property : Section 50(1) of the Prevention of Organised Crime Act 121 of 1998 : whether property, a lifting platform and equip...
2 Oct 2017 135.23 KB Rescission of default judgment –– Uniform Rules of Court 31(2)(a) and (b) –court of appeal may only interfere if power not properly exercised – court a quo erred - bona fide defence – carries prima facie reasonable prospects of success – appeal succeeds with costs. Passenger Rail Agency of South Africa v Moabelo[2017] ZASCA 144 · 1082/2016 · Law of Delict – Damages – appellant falling off the train and sustaining bodily injuries when jostled by fellow passengers – claim based on...
29 Sep 2017 242.09 KB Application for condonation and re-instatement of lapsed appeal – adequacy of explanation for delay – delay extreme and explanation unacceptable – application dismissed with costs. Scalabrini Centre, Cape Town v The Minister of Home Affairs[2017] ZASCA 126 · 1107/2016 · Refugees Act 130 of 1998 : decision to close refugee reception office under s 8(1) : challenged for want of rationality : decision-maker not...
29 Sep 2017 Mtshali & others v Buffalo Conservation 97 (Pty) Ltd[2017] ZASCA 127 · 250/2017 · Application for condonation and re-instatement of lapsed appeal – adequacy of explanation for delay – delay extreme and explanation unaccept...
29 Sep 2017 Investec Bank Ltd v Erf 436 Elandspoort (Pty) Ltd[2017] ZASCA 128 · 1029/2016 · Practice: Civil Procedure: extinctive prescription: claim by bank for payment of a debt arising from loan agreement: mortgage bond registere...
29 Sep 2017 eThekwini Municipality v Mounthaven (Pty) Ltd[2017] ZASCA 129 · 1068/2016 · Claim for re-transfer of property – a debt as contemplated in Chapter III of the Prescription Act – whether reversionary clause creates a li...
29 Sep 2017 195.7 KB Application to set aside business rescue proceedings – creditors have direct and substantial interests – non-joinder of creditors is fatal to the relief sought in the application. Uys & another v Msiza & others[2017] ZASCA 130 · 1222/2016 · Land – Land Reform – calculation of just and equitable compensation to owner for land awarded to labour tenant – proper evaluation of factor...
29 Sep 2017 Kransfontein Beleggings (Pty) Ltd v Corlink Twenty Five (Pty) Ltd,[2017] ZASCA 131 · 624/2016 · Application to set aside business rescue proceedings – creditors have direct and substantial interests – non-joinder of creditors is fatal t...
29 Sep 2017 appeal dismissed. The Advertising Standards Authority v Herbex (Pty) Ltd[2017] ZASCA 132 · 902/16 · Jurisdiction – voluntary association – self-regulation of advertising industry – no jurisdiction over non-members – costs on appeal – discre...
29 Sep 2017 Du Preez v Pretorius[2017] ZASCA 133 · 949/2016 · Delict: Medical negligence: pleadings: causation: pleaded causation not established: appeal dismissed. 2 ___________________________________...
29 Sep 2017 Cipla Agrimed v Merck Sharp Dohme Corporation[2017] ZASCA 134 · 972/16 · Delict: Interlocutory interdict: whether appealable: whether final in effect: contention that patent would have run its course prior to fina...