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