Newest first, read from the court's own list the day each is handed down.
| Handed down | Judgment |
|---|---|
| 29 Sep 2017 | Loch Logan Waterfront v Bentel Associates International[2017] ZASCA 135 · 147/2015 · Condonation: application for condonation for late filing of appeal record not granted. Delay excessive and inexplicable. Cross appeal: archi... |
| 29 Sep 2017 | DPP v Heunis[2017] ZASCA 136 · 196/2017 · Criminal Law and Procedure: appeal by NDPP against conviction in terms of the Criminal Procedure Act of 1977 (CPA): the respondent charged w... |
| 29 Sep 2017 | 303.43 KB National Prosecuting Authority Act 32 of 1998 – whether discretion in terms of s 41(6) properly exercised by the National Director of Public Prosecutions in refusing to grant permission to publish record of investigation in terms of s 28. Maqubela v The State[2017] ZASCA 137 · 821/2015 · Murder – cause of death – expert medical evidence – scientific and judicial measures of proof – erroneous application of scientific measure... |
| 29 Sep 2017 | Maharaj & others v Mandag Centre of Investigative Journalism NPC & others[2017] ZASCA 138 · 844/2016 · National Prosecuting Authority Act of 1998 – whether discretion in terms of s 41(6) properly exercised by the National Director of Public Pr... |
| 29 Sep 2017 | Mvoko v SABC[2017] ZASCA 139 · 1066/2016 · Application for leave to appeal in terms of 17(2)(d) of the Superior Courts Act of 2013 granted – in relation to merits of the appeal – clai... |
| 28 Sep 2017 | Pather v Financial Services Board[2017] ZASCA 125 · 866/2016 · Securities Services Act of 2004 – proceedings before enforcement committee – not in the nature of criminal proceedings – civil standard of p... |
| 27 Sep 2017 | Van Vuuren v eThekwini Municipality[2017] ZASCA 124 · 1308/2016 · Municipality providing a beachside facility of a pool with slides – whether legal duty on Municipality to provide supervision or access cont... |
| 26 Sep 2017 | The Minister of Home Affairs v Ahmed[2017] ZASCA 123 · 1383/2016 · Asylum seekers in terms of the Refugees Act 130 of 1998 may not, while they are in the country, apply for a visa in terms of s 10(2) of the... |
| 22 Sep 2017 | Yarona Heathcare Network v Medshield[2017] ZASCA 116 · 1108/2016 · Condictio indebiti: respondent’s mistakes in making payments inexcusably slack: excusability not a requirement where claimant a medical sche... |
| 22 Sep 2017 | Els v The State[2017] ZASCA 117 · 1241/2016 · Appeal against sentence - environmental offences - unlawful purchasing, possession and conveying of rhinoceros horns without a permit - in c... |
| 22 Sep 2017 | 320.06 KB Attorney – whether fit and proper to practise notwithstanding being sequestrated – whether suspension an appropriate sanction for an attorney guilty of non-disclosure of critical information when applying for his sequestration – no sound reason to interfere with the exercise of discretion. Drift Supersand (Pty) Ltd v Mogale City Local Municipality[2017] ZASCA 118 · 1185/2016 · Administrative law - Town Planning and Townships Ordinance of 1986 – owner of land in close proximity to proposed township having standing a... |
| 22 Sep 2017 | 328.83 KB Arbitration Award – review – arbitrator alleged to have committed gross irregularities – s 33(1)(b) of the Arbitration Act 42 of 1965 – gross irregularities not proved – appeal dismissed. Heppell v The Law Society of the Northern Provinces[2017] ZASCA 119 · 1096/16 · Attorney – whether fit and proper to practise notwithstanding being sequestrated – whether suspension an appropriate sanction for an attorne... |
| 22 Sep 2017 | 510.05 KB Rescission – a court of appeal may only interfere if power not properly exercised – no bona fide defence which prima facie carries prospects of success. State Information Technology Agency SOC Limited v ELCB Information Services (Pty) Ltd & another[2017] ZASCA 120 · 995/16 · Arbitration Award – review – arbitrator alleged to have committed gross irregularities – s 33(1)(b) of the Arbitration Act of 1965 – gross i... |
| 22 Sep 2017 | Mosalasuping & others v NC Housing & others[2017] ZASCA 121 · 903/2016 · Rescission – a court of appeal may only interfere if power not properly exercised – no bona fide defence which prima facie carries prospects... |
| 22 Sep 2017 | Long Beach Home Owners Association v Department of Agriculture, Forestry and Fisheries (South Africa) & another[2017] ZASCA 122 · 865/2016 · National Forests Act of 1998 – ss 3(3)(a), 7(1)(a) and 7(4) – licence to carry out prohibited activities in a natural forest – meaning of ‘n... |
| 21 Sep 2017 | 119.72 KB Criminal law – appeal against conviction of rape – appellant failed to testify – conceded by appellant that sexual intercourse proved – lack of consent and intention also proved – appeal against conviction dismissed – appeal against sentence – no misdirection on part of court below and sentence of 22 years imprisonment not shockingly inappropriate – appeal against sentence dismissed. Costa NO v Arvum Exports[2017] ZASCA 113 · 969/2016 · Trust: a resolution of trustees of a family trust, that authorized one trustee to ‘sign all the documentation’, does not authorize the concl... |
| 21 Sep 2017 | 175.48 KB Delict – Pure economic loss – Loss suffered as a result of debarment in terms of s 14 of the Financial Services Advisory and Intermediary Services Act 37 of 2002 – Whether conduct of employer in debarring employee without complying with the provisions of Promotion of Administrative Justice Act 3 of 2002 was wrongful and gave rise to damages. Otto v State[2017] ZASCA 114 · 988/2016 · Criminal law – appeal against conviction of rape – appellant failed to testify – conceded by appellant that sexual intercourse proved – lack... |
| 20 Sep 2017 | Tudor Hotel Brasserie & Bar (Pty) Ltd v Hencetrade 15 (Pty) Ltd[2017] ZASCA 111 · 793/2016 · Lease – agreement to pay rental in advance without deduction – exclusion of reciprocity – landlords failure to grant full beneficial occupat... |
| 15 Sep 2017 | PepsiCo v Atlantic Industries[2017] ZASCA 109 · 983/16 · Trade marks: respondent’s registered marks TWIST, LEMON TWIST and DIET TWIST inherently capable of distinguishing its soft drinks: such mark... |
| 15 Sep 2017 | Big Five Duty Free v ACSA[2017] ZASCA 110 · 1064/2016 · Interpretation of an agreement of settlement made an order of full court on appeal to it: agreement is binding on all the parties to the lit... |
| 13 Sep 2017 | 181.41 KB Criminal Procedure – rape – sentence – life imprisonment – minimum sentence in terms of Criminal Law Amendment Act 105 of 1997 – substantial and compelling circumstances – proper approach – to require exceptional circumstances for the determination of whether substantial and compelling circumstances exist, incorrect – sentence of life imprisonment set aside and replaced with 15 years' imprisonment. Rantlai v The State[2017] ZASCA 106 · 1178/2016 · Appeal against sentence – appellant convicted on three counts of robbery read with s 51(2)(a) of the Criminal Law Amendment Act 105 of 1997,... |
| 13 Sep 2017 | whether there was compliance with s 7(1). Shawn Palmer v The State[2017] ZASCA 107 · 599/2016 · Criminal Procedure – rape – sentence – life imprisonment – minimum sentence in terms of Criminal Law Amendment Act 105 of 1997 – substantial... |
| 11 Sep 2017 | 129.4 KB Appeal against sentence – appellant convicted on three counts of robbery read with s 51(2)(a) of the Criminal Law Amendment Act 105 of 1997, as amended by the Criminal Law (Sentencing ) Amendment Act 38 of 2007 and one count of unlawful possession of a firearm and one of unlawful possession of ammunition – all three counts of robbery were taken together for purposes of sentence – the appellant was sentenced to a composite sentence of 20 years’ imprisonment – the conviction in[2017] ZASCA 105 · 145/2017 · Application for permanent stay of prosecution – extraordinary remedy – complaint that the right to have trial begin and conclude without rea... |
| 6 Sep 2017 | 185.47 KB Criminal Law and procedure — damages — Unlawful arrest and detention — appeal against judgment awarding damages for unlawful arrest and detention of the respondent — whether or not the appellant’s servant had the requisite suspicion to arrest and detain the respondent — periods of detention before and after first appearance in court to be separately considered — claim for detention after first appearance neither pleaded nor established — appeal upheld. Mgwenya v Kruger[2017] ZASCA 102 · 1060/16 · Section 16(2)(a)(i) and (ii) of the Superior Courts Act of 2013 – judgment or order sought on appeal would have no practical effect or resul... |
| 6 Sep 2017 | 112.81 KB Criminal Procedure - Appeal against sentence - whether substantial and compelling circumstances exist to justify deviation from prescribed life sentence - whether misdirection by trial court and full court - no misdirection found - appeal dismissed. Minister of Safety and Security v Magagula[2017] ZASCA 103 · 991/2016 · Criminal Law and procedure — damages — Unlawful arrest and detention — appeal against judgment awarding damages for unlawful arrest and dete... |
| 6 Sep 2017 | Mogoba v The State[2017] ZASCA 104 · 01219/2016 · Criminal Procedure - Appeal against sentence - whether substantial and compelling circumstances exist to justify deviation from prescribed l... |
| 24 Aug 2017 | Karpovska v The State[2017] ZASCA 101 · 1396/2016 · Appeal – application for leave to appeal against convictions dismissed by regional magistrate - petition refused by the court a quo- special... |
| 21 Aug 2017 | 93.58 KB Appeal – application for leave to appeal against convictions dismissed by regional magistrate - petition refused by the court a quo- special leave to appeal against the dismissal of petition granted to Supreme Court of Appeal – whether leave to appeal ought to have been granted by court a quo - whether there are reasonable prospects of success. Mathekola v State[2017] ZASCA 100 · 487/2016 · Section 17(2)(f) of the Superior Courts Act of 2013 – reconsideration of dismissal of petition for leave to appeal – co-accused of applicant... |
| 18 Aug 2017 | 96.62 KB Section 17(2)(f) of the Superior Courts Act 10 of 2013 – reconsideration of dismissal of petition for leave to appeal – co-accused of applicant having been granted leave to appeal on petition and having succeeded in his appeal – applicant’s prospects of success on appeal strong – leave to appeal granted. Minister of Justice and Correctional Services v Walus[2017] ZASCA 99 · 777/2016 · Parole – application therefor brought by respondent serving sentence of life incarceration for murder in terms of s 136(1) of the Correction... |
| 6 Jul 2017 | KLD Residential v Empire Earth Investments[2017] ZASCA 98 · 1135/2016 · Where an acknowledgment of indebtedness is made by a debtor to a creditor, even in without prejudice settlement negotiations, the acknowledg... |
| 21 Jun 2017 | 364.31 KB Where an acknowledgment of indebtedness is made by a debtor to a creditor, even in without prejudice settlement negotiations, the acknowledgment may be admitted in evidence for the sole purpose of interrupting the running of the prescription period in terms of s 14 of the Prescription Act 68 of 1969. The NDPP v Media 24 Limited & others and HC Van Breda v Media 24 Limited & others[2017] ZASCA 97 · 425/2017 · Constitutional law – application by media to broadcast criminal proceedings – tension between the right to freedom of expression and the ope... |
| 15 Jun 2017 | When appropriate to separate issues. NMB Bank Ltd v Capsopoulos[2017] ZASCA 94 · 505/2016 · Requirements for res judicata and issue estoppel: When appropriate to separate issues. 2 _____________________________________ _____________... |
| 15 Jun 2017 | Manyike v S[2017] ZASCA 96 · 527/17 · Application in terms of s 17(2)(f) of the Superior Courts Act of 2013: powers of the President of the SCA: in exceptional circumstances: to... |
| 9 Jun 2017 | Gcaza v The State[2017] ZASCA 92 · 1400/16 · Evidence: what constitutes sufficiency of circumstantial evidence: conviction based on circumstantial evidence well-founded: cross-appeal: f... |
| 9 Jun 2017 | Ntlemeza v Helen Suzman Foundation[2017] ZASCA 93 · Application in terms of s of the Superior Courts Act of 2013 for execution order pending finalisation of an appeal process: whether refusal... |
| 7 Jun 2017 | Sigcau v Minister of Cooperative Governance and Traditional Affairs[2017] ZASCA 80 · 612/2016 · Customary law: decision of the Commission on Traditional Leadership Disputes: whether implementation of the decision in terms of s 26(2) of... |
| 7 Jun 2017 | appeal dismissed. Mahaeeane v Anglogold[2017] ZASCA 90 · 85/2016 · Promotion of Access to Information Act of 2000 : section 50 : meaning of ‗documents required‘ : right relied upon to claim damages : in the... |
| 7 Jun 2017 | Fourie v Ronald Bobroff & Partners Inc[2017] ZASCA 91 · 653/2016 · Attorney: duty of an attorney to client: breach of mandate in respect of claim for damages for loss of earning capacity: damages not proved:... |
| 6 Jun 2017 | Mulaudzi v Old Mutual Life Assurance Company (South Africa) Limited[2017] ZASCA 88 · 95/2016 · First appeal – appeal lapsing on account of failure to timeously prosecute it – application for condonation. Second appeal – discharge of pr... |
| 6 Jun 2017 | Goosen v The Mont Chevaux Trust[2017] ZASCA 89 · 148/2015 · Land: eviction under Extension of Security of Tenure Act of 1997: appeal against an order of the Land Claims Court confirming the eviction o... |
| 2 Jun 2017 | Home Talk Developments (Pty) Ltd v Ekurhuleni Metropolitan Municipality[2017] ZASCA 77 · 225/2016 · Law of Delict: pure economic loss: whether Municipality liable in delict for pure economic loss arising out of the alleged failure by the Mu... |
| 2 Jun 2017 | court order found to lack clarity and certainty. DPP v Moloi[2017] ZASCA 78 · 1101/2015 · Appeal in terms of s 311 of the Criminal Procedure Act of 1977: Section 311 provides for an appeal as of right, without leave: failure to ha... |
| 2 Jun 2017 | Appeal dismissed. Serengeti Rise Industries (Pty) Ltd & another v Aboobaker NO & others[2017] ZASCA 79 · 845/2015 · Administrative law: validity of a demolition order granted as just and equitable remedy: order granted pursuant to a finding that Municipali... |
| 2 Jun 2017 | Mahlangu v Mahlangu[2017] ZASCA 81 · 341/2016 · Appeal: Power of court of appeal: Section 16(2)(a)(i) of the Superior Courts Act of 2013: Appellate Court empowered to dismiss an appeal whe... |
| 2 Jun 2017 | Director of Public Prosecutions, Gauteng v Grobler[2017] ZASCA 82 · 6/2017 · Appeal by Director of Public Prosecutions: s 311 of the Criminal Procedure Act of 1977: appeal against the decision of a Provincial or Local... |
| 2 Jun 2017 | Gauteng Division, Pretoria v Portia Thulisile Tsotetsi[2017] ZASCA 83 · 170/2017 · Sentence: premeditated murder: prescribed minimum sentence: in terms of the Criminal Law Amendment Act, 105 of 1997: what constitutes substa... |
| 2 Jun 2017 | Van Huyssteen N.O. and another v Milla Investment and Holding Company[2017] ZASCA 84 · 593/16 · Contract: Lease: divergent factual versions on terms: doctrine of quasi-mutual assent wrongly applied by the high court: appeal upheld. 2 __... |
| 2 Jun 2017 | Gauteng Division, Pretoria v Moabi[2017] ZASCA 85 · 959/15 · Appeal in terms of s 311 of the Criminal Procedure Act of 1977: s 311 provides for an appeal as of right, without leave: question of law uph... |
| 1 Jun 2017 | Nkabinde v The State[2016] ZASCA 75 · 115/17 · Criminal Law and Procedure: acting in concert with common purpose: murder and robbery with aggravating circumstances: purported special entr... |
| 1 Jun 2017 | The State v Pilane[2017] ZASCA 71 · 559/16 · Witnesses in criminal trial: administration of the oath: may be administered by interpreter: s 165 of Criminal Procedure Act of 1977. 2 ____... |