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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
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

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.