| 28 Mar 2018 |
104.1 KB Lease agreement –lessee - right of pre-emption – interpretation - lessor obliged to inform lessee of identical terms and conditions in all respects upon which prepared to sell property to third party – failure by lessor to do so – sale agreement with third party invalid - right of pre-emption validly exercised by lessee - appeal dismissed. Director of Public Prosecutions, Grahamstown v Mzukisi Peli[2018] ZASCA 40 · Criminal Procedure Act of 1977 - Section 316B - appeal by State – rape of year old boy – sentence imposed of years imprisonment of which yea... |
Supreme Court of Appeal |
| 23 Mar 2018 |
216.14 KB Damages for breach of warranty – ‘substantial/major’ accident affecting resale of motor vehicle. Terms of warranty clear. Special leave – test for – requires something more than reasonable prospects of success on appeal. Ultimately court hearing appeal decides whether special circumstances exist. No special circumstances found – appeal struck from the roll with costs. Loggenberg N O & others v Maree[2018] ZASCA 24 · Practice – pleadings – exception – non-compliance with s 2(1) of the Alienation of Land Act of 1981 – alleged sale of land not reduced to wr... |
Supreme Court of Appeal |
| 23 Mar 2018 |
226.9 KB Contract – principles of interpretation restated – not sufficient to merely outline well established principles – proper application thereof must be evident from the process of interpretation – appeal upheld. Brompton Court Body Corporate v Khumalo[2018] ZASCA 27 · Prescription – an arbitration award generally does not create a new debt for purposes of the Prescription Act of 1969 (the Act) – a claim to... |
Supreme Court of Appeal |
| 15 Mar 2018 |
Klaas-v-S[2018] ZACC 6 · Criminal Appeal — Drugs and Drug Trafficking Act — sentence — drug dealing and drug manufacturing — market value of drugs not proven — minim... |
Constitutional Court |
| 15 Mar 2018 |
393.49 KB Claims arising from an agreement to dissolve a business relationship between two parties – repudiation not established – enrichment claims and ancillary relief – appeal dismissed – cross-appeal partially successful. Bannister’s Print v D & A Calendars[2018] ZASCA 17 · An agreement of settlement of litigation, forged by a lawyer for one of the parties, cannot be relied on by the other party. It is a nullity... |
Supreme Court of Appeal |
| 1 Mar 2018 |
S S v V V-S[2018] ZACC 5 |
Constitutional Court |
| 27 Feb 2018 |
Loni v Member of the Executive Council, Department of Health, Eastern Cape, Bhisho[2018] ZACC 4 |
Constitutional Court |
| 23 Feb 2018 |
S and Another v Okah; Okah v S (Institute for Security Studies and Southern Africa Litigation Centre as Amici Curiae)[2018] ZACC 3 |
Constitutional Court |
| 23 Feb 2018 |
175.48 KB Appeal against refusal of petition for leave to appeal against conviction and sentence for robbery with aggravating circumstances – no reasonable prospects of success concerning conviction – concerning sentence, trial court appeared not to have taken into account period of about three and a half years spent by appellants awaiting trial – reasonable prospects of success on appeal against sentence. DPP v Booysen[2018] ZASCA 7 · Criminal law and procedure – minimum sentence legislation - respondent convicted on two counts of murder and one count of robbery with aggra... |
Supreme Court of Appeal |
| 2 Feb 2018 |
212.43 KB Procedure – s 17(2)(f) of the Superior Courts Act 10 of 2013 – exceptional circumstances warranting an order for the reconsideration and variation of the dismissal of the application for leave to appeal not established – application dismissed. Frieslaar NO v Ackerman[2017] ZASCA 3 · Prescription: extinctive prescription: Prescription Act of 1969, ss 10, and 12: obligation to pay transfer costs and to transfer property so... |
Supreme Court of Appeal |
| 2 Feb 2018 |
129.44 KB Appeal – whether the high court should have granted leave to appeal to it against a conviction of attempted rape – reasonable prospect of a finding that the intention to penetrate was not established beyond reasonable doubt – appropriate to dispose of appeal without oral hearing – appeal upheld and leave granted to appeal to high court. Hendrik Petrus Hough v Mzubanzi Sisilana and others[2018] ZASCA 4 · Procedure – s 17(2)(f) of the Superior Courts Act of 2013 – exceptional circumstances warranting an order for the reconsideration and variat... |
Supreme Court of Appeal |
| 2 Dec 2017 |
Phakane v S[2017] ZACC 44 |
Constitutional Court |
| 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 · 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... |
Supreme Court of 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 · Appeal against conviction and sentence – doctrine of common purpose improperly applied – conviction set aside – sentence reduced based on mi... |
Supreme Court of Appeal |
| 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 · Actio de ferris – defence of provocation – ostrich provoked – owner not liable. |
Supreme Court of Appeal |
| 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 · Simultaneous applications for rezoning and subdivision of land brought under the Land Use Planning Ordinance of 1985, Cape (LUPO): subdivisi... |
Supreme Court of Appeal |
| 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 · Delict – dependant’s action – claim by deceased’s aunt – de facto adoption – deceased owed her duty of support – claimant sufficiently indig... |
Supreme Court of Appeal |
| 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 · Application for rescission – whether applicant an affected party as contemplated in Rule 42(1)(a) of the Uniform Rules of Court – whether re... |
Supreme Court of Appeal |
| 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 · Liability for income tax: Whether commission earned in terms of agreement accrued to taxpayer: proper interpretation of agreement: language,... |
Supreme Court of Appeal |
| 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 · Evidence – pointing-out – trial-within-a trial – after pointing out ruled admissible, no evidence in record to prove contents of pointing-ou... |
Supreme Court of Appeal |
| 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 · Forfeiture of property : Section 50(1) of the Prevention of Organised Crime Act 121 of 1998 : whether property, a lifting platform and equip... |
Supreme Court of Appeal |
| 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 · Law of Delict – Damages – appellant falling off the train and sustaining bodily injuries when jostled by fellow passengers – claim based on... |
Supreme Court of Appeal |
| 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 · Refugees Act 130 of 1998 : decision to close refugee reception office under s 8(1) : challenged for want of rationality : decision-maker not... |
Supreme Court of Appeal |
| 29 Sep 2017 |
appeal dismissed. The Advertising Standards Authority v Herbex (Pty) Ltd[2017] ZASCA 132 · Jurisdiction – voluntary association – self-regulation of advertising industry – no jurisdiction over non-members – costs on appeal – discre... |
Supreme Court of Appeal |
| 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 · Attorney – whether fit and proper to practise notwithstanding being sequestrated – whether suspension an appropriate sanction for an attorne... |
Supreme Court of Appeal |
| 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 · Arbitration Award – review – arbitrator alleged to have committed gross irregularities – s 33(1)(b) of the Arbitration Act of 1965 – gross i... |
Supreme Court of Appeal |
| 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 · Trust: a resolution of trustees of a family trust, that authorized one trustee to ‘sign all the documentation’, does not authorize the concl... |
Supreme Court of Appeal |
| 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 · Application for permanent stay of prosecution – extraordinary remedy – complaint that the right to have trial begin and conclude without rea... |
Supreme Court of Appeal |
| 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 · 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... |
Supreme Court of Appeal |
| 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 · Criminal Law and procedure — damages — Unlawful arrest and detention — appeal against judgment awarding damages for unlawful arrest and dete... |
Supreme Court of Appeal |
| 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 · Section 17(2)(f) of the Superior Courts Act of 2013 – reconsideration of dismissal of petition for leave to appeal – co-accused of applicant... |
Supreme Court of Appeal |
| 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 · Parole – application therefor brought by respondent serving sentence of life incarceration for murder in terms of s 136(1) of the Correction... |
Supreme Court of Appeal |
| 7 Jun 2017 |
appeal dismissed. Mahaeeane v Anglogold[2017] ZASCA 90 · Promotion of Access to Information Act of 2000 : section 50 : meaning of ‗documents required‘ : right relied upon to claim damages : in the... |
Supreme Court of Appeal |
| 2 Jun 2017 |
Appeal dismissed. Serengeti Rise Industries (Pty) Ltd & another v Aboobaker NO & others[2017] ZASCA 79 · Administrative law: validity of a demolition order granted as just and equitable remedy: order granted pursuant to a finding that Municipali... |
Supreme Court of Appeal |
| 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 · Striking off is an appropriate sanction for an attorney guilty of misappropriation of trust moneys and failure to account for funds entruste... |
Supreme Court of Appeal |
| 25 May 2017 |
appeal dismissed. Lourens v Premier of the Free State Province & another[2017] ZASCA 60 · 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... |
Supreme Court of Appeal |
| 24 May 2017 |
appeal dismissed with costs. Minister of Safety and Security v Augustine[2017] ZASCA 59 · Delict: General damages: appeal against quantum: test: damages awarded not disproportionate: appeal against punitive costs order: order warr... |
Supreme Court of Appeal |
| 8 May 2017 |
appeal dismissed. DPP, Pretoria v Benbelkacem[2017] ZASCA 52 · Criminal Law : application for condonation for late filing of the notice of appeal and reinstatement of appeal : no good cause shown for del... |
Supreme Court of Appeal |
| 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 · Intellectual property: claim for patent infringement: s 45 Patents Act of 1978: extent of protection determined by wording of claims: claims... |
Supreme Court of Appeal |
| 30 Mar 2017 |
appeal dismissed. Factaprops v The Land Bank[2017] ZASCA 45 · 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... |
Supreme Court of Appeal |
| 29 Mar 2017 |
appeal upheld. Media 24 Limited v Du Plessis[2017] ZASCA 33 · Defamation: liability of the media: test of: words complained of to be considered from the point of view of the reasonable reader: defence o... |
Supreme Court of Appeal |
| 28 Mar 2017 |
award of R80 000 excessive justifying interference on appeal. University of the Free State v Afriforum[2017] ZASCA 32 · Review : whether decision of University to adopt language policy administrative action under Promotion of Administrative Justice Act of 2000... |
Supreme Court of Appeal |
| 24 Mar 2017 |
appeal dismissed with costs. ZNK Investments CC v Luckytso Transport and Construction CC[2017] ZASCA 20 · Company law: sale in execution of property of close corporation whilst deregistered: reinstatement in terms of s 82(4) of the Companies Act... |
Supreme Court of Appeal |
| 24 Mar 2017 |
appeal upheld. Afgri Operations Ltd v Hamba Fleet Management (Pty) Ltd[2017] ZASCA 24 · Company law : application for a final order of liquidation : underlying debt admitted by the respondent : no allegation that respondent solv... |
Supreme Court of Appeal |
| 23 Mar 2017 |
205.47 KB Maintenance of surviving spouse – ss 2 and 3 of the Maintenance of Surviving Spouses Act 27 of 1990 – requisites of Act not satisfied – Special leave to appeal in terms of s 17(2)(d) of the Superior Courts Act 10 of 2013 – appeal upheld. Steyn Lyell Maeyane Attorneys v Oelofse[2017] ZASCA 18 · Written undertaking given by a firm of practising attorneys : whether it constituted an unconditional guarantee to make payment itself : hav... |
Supreme Court of Appeal |
| 16 Mar 2017 |
appeal dismissed. Westminster Tobacco Co v Philip Morris Products SA[2017] ZASCA 10 · Expungement of trade mark for non-use in terms of s 27(1(b) of the Trade Marks Act 194 of 1993 – test for bona fide use of a trade mark – fa... |
Supreme Court of Appeal |
| 2 Dec 2015 |
Tellumat (Pty) Ltd v Appeal Board of the Financial Services Board[2015] ZASCA 202 · Pension fund – apportionment of surplus in terms of s 15C of Pension Funds Act of 1956 – apportionment by trustees undertaken as part of an... |
Supreme Court of Appeal |
| 2 Dec 2015 |
Registrar of Pension Funds v Financial Services Appeal Board[2015] ZASCA 203 · Locus standi – Board of Appeal established by section 26A of the Financial Services Board Act of 1990 overturning decision by the 2 Registra... |
Supreme Court of Appeal |
| 30 Mar 2015 |
Atholl Developments v The Valuation Appeal Board for the City of Johannesburg[2015] ZASCA 55 · Appeal – Appealability - appeal does not lie against the reasons for an order of court - matter struck off the roll ________________________... |
Supreme Court of Appeal |
| 12 Mar 2014 |
The City of Johannesburg Metropolitan Municipality v The Chairman of the Valuation Appeal Board for the City of Johannesburg[2014] ZASCA 5 · Local authority ─ valuation of rateable property zoned and used for multiple permitted uses ─ municipal value to determine the rates categor... |
Supreme Court of Appeal |