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Case law by topic

Judgments on appeal

1006 judgments on file that touch appeal, newest first, each with the court's own file.

Handed downJudgmentCourt
12 Jan 2024 BP Southern Africa (Pty) Ltd v Commissioner for the South African Revenue Service[2024] ZASCA 2 · Tax law – Customs and Excise – interim interdict – requirements restated – demand by Commissioner for the South African Revenue Service – am... Supreme Court of Appeal
23 Dec 2023 Eskom v Vaal River Development Association (Pty) Ltd and Others[2022] ZACC 44 · Interim interdicts — nature of prima facie right — rights in Bill of Rights — content of rights — whether rights established — role of final... Constitutional Court
22 Dec 2023 South African Municipal Workers’ Union National Medical Scheme (SAMWUMED) v City of Ekurhuleni and Others (12972022)[2023] ZASCA 182 · Collective agreement – s of the Labour Relations Act of 1995 – parties to a collective agreement – medical schemes – accreditation of medica... Supreme Court of Appeal
22 Dec 2023 Secona Freight Logistics CC v Samie and Others[2023] ZASCA 183 · Civil procedure – locus standi – appealability – whether the issue of locus standi determined as a point in limine is appealable. Supreme Court of Appeal
21 Dec 2023 Allied Steelrode (Pty) Ltd v Dreyer and Another[2023] ZASCA 181 · National Credit Act of 2005 – whether agreement subject to the Act – loan and acknowledgment of debt not at arm’s length – interest only pay... Supreme Court of Appeal
18 Dec 2023 Pieter Paul Le Roux and Another v Johannes G ` Coetzee and Seuns and Another[2023] ZACC 46 · Prescription Act 68 of 1969 — section 12(3) — clients’ professional negligence claim against legal practitioner — knowledge of facts may inc... Constitutional Court
18 Dec 2023 Nedbank Limited and Another v Survé and Others[2023] ZASCA 178 · Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 – application for interim interdict in Equality Court – failure to... Supreme Court of Appeal
18 Dec 2023 Hough & Bremner and Another v The Road Accident Fund[2023] ZASCA 179 · Civil procedure and practice – Contingency Fees Agreement Act of 1997 – high court finding that the fees agreement concluded between the app... Supreme Court of Appeal
18 Dec 2023 Enviroserv Waste Management (Pty) Ltd v The Commissioner for the South African Revenue Service[2023] ZASCA 180 · Income tax law – s 12C(1)(a) of the Income Tax Act of 1962 (the ITA) – whether cells built into landfills and used for treatment and storage... Supreme Court of Appeal
14 Dec 2023 Grupo Bimbo S.A.B. v Takis Biltong[2023] ZASCA 175 · Reconsideration of dismissal of application for special leave to appeal ─ cancellation of applicant’s trade mark ─ Takis Fuego ─ likely to d... Supreme Court of Appeal
14 Dec 2023 Mashisane v Mhlauli[2023] ZASCA 176 · Family law – customary law – civil procedure – declaratory relief sought on whether parties married according to customary law – dispute of... Supreme Court of Appeal
14 Dec 2023 South African Legal Practice Council v Mokhele[2023] ZASCA 177 · Legal Practice – s of the Legal Practice Act of 2014 – whether the court may hear a matter that has become moot – the issues for determinati... Supreme Court of Appeal
12 Dec 2023 Saboath General Traders (Pty) Ltd t/a Sausage Saloon and Another v Mthatha Mall (Pty) Ltd[2023] ZACC 43 · Ouster of jurisdiction of Magistrate’s Court in lease agreement — interests of justice and leave to appeal Constitutional Court
12 Dec 2023 Ditsoane v ACWA Power Africa Holdings (Pty) Ltd[2023] ZACC 44 · Notice of withdrawal of case — filed without client’s authority — ratification and ostensible authority not proved Labour Court – revival of... Constitutional Court
8 Dec 2023 Smith and Another[2023] ZASCA 174 · Civil procedure – Magistrates’ Court Act of 1944 and Rules – sheriffs’ fees and charges – whether sheriff entitled to demand payment of fees... Supreme Court of Appeal
5 Dec 2023 Danny Joseph Sibiya and Others v Road Accident Fund[2023] ZASCA 171 · Practice and procedure – Contingency Fees Act of 1997 – whether the high court ruling met the benchmark of fairness, rationality and reasona... Supreme Court of Appeal
5 Dec 2023 De Klerk v The State[2023] ZASCA 172 · Criminal law and procedure – appeal – appeal to the Supreme Court of Appeal against the refusal of a petition in the high court seeking leav... Supreme Court of Appeal
4 Dec 2023 Tereza Rayment and Others v Minister of Home Affairs and Others, Richard Anderson and Others v Minister of Home Affairs and Others[2023] ZACC 40 · Immigration Act 13 of 2002 — invalidity of sections 10(6), 11(6) and 18(2) — Immigration Regulations — invalidity of regulation 9(9)(a) — in... Constitutional Court
4 Dec 2023 Andrew Barney August v The State[2023] ZASCA 170 · Application for condonation of the late filing of notice of appeal – requirements for condonation restated – appellant not satisfying requir... Supreme Court of Appeal
1 Dec 2023 City of Cape Town v Mtyido[2023] ZASCA 163 · Delict – widening of pleadings – wrongfulness and negligence – respondent injured as a result of open manhole under control of appellant – o... Supreme Court of Appeal
1 Dec 2023 Percy Mosuetsa v Derrick Mosuetsa and Others[2023] ZASCA 164 · Civil procedure – order of court not appealed or rescinded – application to stay execution – issue res judicata unless set aside on appeal o... Supreme Court of Appeal
1 Dec 2023 Ubuhlebezwe Municipality v Ramsunder[2023] ZASCA 165 · Interdict – Final – Whether clear right established. Interpretation – National Building Regulations and Building Standards Act 103 of 1977 –... Supreme Court of Appeal
1 Dec 2023 Islandsite Investments 180 (Pty) Ltd v National Director of Public Prosecutions and Others[2023] ZASCA 166 · Company Law –– restraint order under the Prevention of Organised Crime Act 121 of 1998 – authority to represent company in business rescue –... Supreme Court of Appeal
1 Dec 2023 Legal Practice Council v Bulelani Rubushe[2023] ZASCA 167 · Legal Practitioner – misconduct involving dishonesty – striking from the roll appropriate remedy – court a quo making material misdirection... Supreme Court of Appeal
1 Dec 2023 Kouga Local Municipality v St Francis Bay (Ward 12) Concerned Residents’ Association and Others[2023] ZASCA 168 · Local government – section of the Local Government: Municipal Property Rates Act of 2004 (PRA) – establishment by municipalities of special... Supreme Court of Appeal
1 Dec 2023 Pasiya and Others v Lithemba Mining (Pty) Ltd and Others (206/2022) and Pasiya and Others v Lithemba Mining (Pty) Ltd and Others[2023] ZASCA 169 · Declaratory relief – when competent under s 21(1)(c) of Superior Courts Act of 2013 – company law – whether resolutions to increase authoris... Supreme Court of Appeal
30 Nov 2023 Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government v Motubatse & Another[2023] ZASCA 162 · Civil procedure – rescission of default judgment – interlocutory in nature and thus not appealable – application for condonation and special... Supreme Court of Appeal
28 Nov 2023 Savoi and Others v National Prosecuting Authority and Another[2023] ZACC 38 · Confirmation of the order of constitutional invalidity granted by the High Court — North West Gambling Act 2 of 2001 — Sections 84(1)(e), 87... Constitutional Court
28 Nov 2023 Bisschoff N O obo Reyners v Passenger Rail Agency Of South Africa[2023] ZASCA 160 · Prescription – interruption of running of extinctive prescription – claimant of unsound mind – prescription only begins to run from the date... Supreme Court of Appeal
28 Nov 2023 Ciba Packaging (Pty) Ltd t/a Cibapac v Timelink Cargo (Pty) Ltd[2023] ZASCA 161 · Civil procedure – appealability of dismissal of an exception – restatement of principles. Supreme Court of Appeal
27 Nov 2023 Ad Hoc Central Authority for RSA and Another v Heidi Nicole Koch N.O. and Another[2023] ZACC 37 · Hague Convention on the Civil Aspects of International Child Abduction — interpretation of Article 13(b) — determination of the threshold fo... Constitutional Court
24 Nov 2023 African National Congress v Ezulweni Investments (Pty) Ltd[2023] ZASCA 159 · Contract – conclusion – authority to conclude – test for factual disputes – evaluation of evidence – bare denials coupled with untenable ver... Supreme Court of Appeal
23 Nov 2023 and 913/2022 Armitage NO v Valencia Holdings 13 (Pty) Ltd and Others[2023] ZASCA 157 · Company law ─ action by executor of deceased shareholder’s estate ─ s 163 of the Companies Act of 2008 (the Act) ─ oppressive or unfairly pr... Supreme Court of Appeal
21 Nov 2023 Ntshongwana v The State[2023] ZASCA 156 · Criminal law – defence of pathological incapacity – ss 78(1A) and 78(1B) of the Criminal Procedure Act of 1977 – onus on accused to prove la... Supreme Court of Appeal
17 Nov 2023 Smit v The State[2023] ZASCA 154 · Criminal law and procedure – fraud – whether appellant had intent, in the form of dolus eventualis, to commit fraud – whether the appellant,... Supreme Court of Appeal
17 Nov 2023 Minister of Justice and Correctional Services and Others v Wilhelm Pretorius and Others[2023] ZASCA 155 · Appeal – Superior Courts Act of 2013, s 16(2)(a) – mootness – whether, irrespective of mootness, interests of justice require decision on ap... Supreme Court of Appeal
15 Nov 2023 King Price Insurance Company Limited v Mhlongo[2023] ZASCA 152 · Civil procedure – claim under insurance policy arising from motor vehicle collision – market value pleaded – evidence led on shortfall of am... Supreme Court of Appeal
15 Nov 2023 Forestry South Africa v Minister of Human Settlements, Water and Sanitation and Others (777/2022) and Minister of Human Settlements, Water and Sanitation and Others v Forestry South Africa[2023] ZASCA 153 · Statutory Interpretation – Interpretation of s of the National Water Act of 1998 read with ss 4, 21, 22, 33, 34, and 26 – whether lawfulness... Supreme Court of Appeal
14 Nov 2023 MC Olesitse N.O. v The Minister of Police[2023] ZACC 35 · Application of the “once and for all” common law rule –– applicable to only one cause of action and not to more than one cause of action ––... Constitutional Court
14 Nov 2023 Robert Andrew Groves v The Minister of Police and Another[2023] ZACC 36 · Section 43 of the Criminal Procedure Act discretion – warrant of arrest – discretion of arresting officer Constitutional Court
14 Nov 2023 Hulisani Viccel Sithangu v Capricorn District Municipality[2023] ZASCA 151 · Application for special leave referred for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – whether special leave t... Supreme Court of Appeal
10 Nov 2023 Chairperson of the Western Cape Gambling and Racing Board and Others v Goldrush Group Management (Pty) Ltd and Another[2023] ZASCA 148 · Review – Gambling – Provincial Gambling Board having licenced two limited payout gambling machine operators and allocated limited payout mac... Supreme Court of Appeal
10 Nov 2023 Ilse Becker and Others v The Financial Services Conduct Authority and Others[2023] ZASCA 149 · Constitutional law – financial services regulation – whether ss 154, 167 and 231 of the Financial Sector Regulation Act of 2017 (the Act) un... Supreme Court of Appeal
10 Nov 2023 Vumani Oscar Ntuli v The State (10252022)[2023] ZASCA 150 · Appeal to the Supreme Court of Appeal against the refusal of the high court of a petition seeking leave to appeal against conviction and sen... Supreme Court of Appeal
9 Nov 2023 De Nysschen v Government Employees Pension Fund and Others (8642022)[2023] ZASCA 147 · Civil Procedure – whether competent for a court to grant an order for payment of a debt which was not sought – proper approach to pleadings. Supreme Court of Appeal
8 Nov 2023 Lueven Metals (Pty) Ltd v Commissioner for the South African Revenue Service[2023] ZASCA 144 · Tax law – declaratory order – whether appropriate not considered by high court – narrow basis for entertaining application for declaratory r... Supreme Court of Appeal
8 Nov 2023 Majope and Others v The Road Accident Fund[2023] ZASCA 145 · Default judgment against the RAF – whether an attorney and client fee agreement should be incorporated in a court order – a court is not ent... Supreme Court of Appeal
8 Nov 2023 Minister of Justice and Constitutional Development and Others v Ntuli (Judicial Inspectorate for Correctional services intervening as amicus curiae)[2023] ZASCA 146 · Constitutional law – the right to further education – s 29(1)(b) of the Constitution – unfair discrimination – Promotion of Equality and Pre... Supreme Court of Appeal
2 Nov 2023 The Body Corporate of Marsh Rose v Steinmuller and Others[2023] ZASCA 143 · Property law – Sectional Titles Act of 1986 – reliance on transfer registration embargo established in terms of s 15B(3)(a)(i)(aa) of the Se... Supreme Court of Appeal
30 Oct 2023 Knoop NO and Others v National Director of Public Prosecutions (Case nos 657/2022 and 694/2022)[2023] ZASCA 141 · Prevention of Organised Crime Act 121 of 1998 (POCA) – asset forfeiture – preservation of property order – Companies Act 71 0f 2008 (Compani... Supreme Court of Appeal

A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.