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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
14 Jun 2024 Masango and Another v The State[2024] ZASCA 98 · Criminal Procedure – first appellant appeal against conviction and sentence – second appellant appeal against conviction – leave to appeal r... Supreme Court of Appeal
14 Jun 2024 Krohne (Pty) Ltd v Strategic Fuel Fund Association[2024] ZASCA 99 · Arbitration law – whether the appellant’s claim, based on the enforcement of an arbitral award is founded on a valid cause of action – wheth... Supreme Court of Appeal
13 Jun 2024 MEC for the Department of Public Works & Others v Ikamva Architects CC and Others[2024] ZASCA 95 · Civil Procedure – on appeal, the appellants were not entitled to an order they did not seek in the court of first instance – attachment of a... Supreme Court of Appeal
13 Jun 2024 KSL v AL[2024] ZASCA 96 · Civil procedure – anti-dissipation interdict – whether requirements for an interim anti-dissipation interdict are satisfied – whether intent... Supreme Court of Appeal
13 Jun 2024 AIG South Africa Limited v 43 Air School Holdings (Pty) Ltd and Others[2024] ZASCA 97 · Insurance law – interpretation of insurance policy – policy providing cover for loss resulting from interruption of business due to notifiab... Supreme Court of Appeal
12 Jun 2024 Pitso and Others v Chabeli Molatoli Attorneys Incorporated[2024] ZASCA 94 · Agency and representation – at common law a mandate is in general terminable at the will of the principal – requirements of final interdict... Supreme Court of Appeal
11 Jun 2024 Van Jaarsveld v Van Jaarsveld and Another[2024] ZASCA 92 · Divorce – arbitration agreement in the Deed of Settlement made an order of court – interpretation of s 2(a) of the Arbitration Act of 1965 –... Supreme Court of Appeal
11 Jun 2024 Ubisi and Another v Road Accident Fund[2024] ZASCA 93 · Practice and procedure – settlement agreement of claim against the Road Accident Fund – irregular and improper setting aside of settlement a... Supreme Court of Appeal
10 Jun 2024 Edward Nathan Sonnenberg Inc v Hawarden[2024] ZASCA 90 · Delictual claim – claim for pure economic loss caused by omission – wrongfulness – risk of indeterminate liability – vulnerability to risk –... Supreme Court of Appeal
10 Jun 2024 Mawecro (Pty) Ltd v Sithole and Others[2024] ZASCA 91 · Challenge to decision to remove directors – on the facts declaratory relief without review not competent. 2 ________________________________... Supreme Court of Appeal
7 Jun 2024 Tyte Security Services CC v Western Cape Provincial Government and Others[2024] ZASCA 88 · Section of Superior Courts Act of 2013 – leave to execute pending appeal – requirements of exceptional circumstances and irreparable harm co... Supreme Court of Appeal
7 Jun 2024 Mabena v The State[2024] ZASCA 89 · Criminal Law – Sentencing – Convictions of robbery with aggravating circumstances and attempted murder – whether sentence for each convictio... Supreme Court of Appeal
5 Jun 2024 Department of Home Affairs and Others (with Scalabrini Centre of Cape Town intervening as Amicus Curiae)[2024] ZASCA 87 · Immigration – Refugee Act 130 of 1998 – whether asylum seeker entitled to submit subsequent applications after initial application has been... Supreme Court of Appeal
4 Jun 2024 Bonifacio and Another v Lombard Insurance Company Ltd[2024] ZASCA 86 · Construction law – performance guarantee – guarantor resisting liability on basis that the claim is fraudulent – guarantor thereafter compro... Supreme Court of Appeal
3 Jun 2024 Minister of Mineral Resources and Energy and Others v Sustaining the Wild Coast NPC and Others[2024] ZASCA 84 · Review – failure by court to consider question of just and equitable relief under s 172 of the Constitution when setting aside grant and ren... Supreme Court of Appeal
31 May 2024 City of Ekurhuleni Metropolitan Municipality In re: Unlawful Occupiers: 1 Argyl Street and Others v Rohlandt Holdings CC and Others[2024] ZACC 10 · Prenuptial agreement — providing for maintenance — pleaded as unspecified donation — Divorce Act 70 of 1979 — section 7 — not triggered Pren... Constitutional Court
31 May 2024 Goedverwachting Farm (Pty) Ltd v Roux and Others[2024] ZASCA 83 · Land tenure – Extension of Security of Tenure Act of 1997 – whether the respondents were occupiers as defined – no evidence of commercial fa... Supreme Court of Appeal
28 May 2024 City of Ekurhuleni Metropolitan Municipality v Tshepo Gugu Trading CC and Another[2024] ZASCA 81 · Property law – spoliation (mandament van spolie) requirements – municipality dismantling and removing respondent’s billboard on municipal la... Supreme Court of Appeal
27 May 2024 Botha N O and Others v Jonker and Others[2024] ZASCA 78 · Liquidation – close corporation – first meeting of creditors and members of close corporation summoned more than one-month after date of fin... Supreme Court of Appeal
27 May 2024 Snowy Owl Properties 284 (Pty) Ltd and Others v Mziki Share Block Limited[2024] ZASCA 79 · Interdict – infringement of rights conferred by servitude - appeal against a final order – defences raised against grant of the interdict de... Supreme Court of Appeal
27 May 2024 George Hlaudi Motsoeneng v South African Broadcasting Corporation Soc Ltd and Others[2024] ZASCA 80 · Application in terms of s 17(2)(f) of the Superior Courts Act of 2013 – absence of exceptional circumstances – application dismissed. 2 ____... Supreme Court of Appeal
23 May 2024 Schultz v Minister of Justice and Correctional Services and Others[2024] ZASCA 77 · International law – extradition – Constitution – Extradition Act of 1962 – whether power to make extradition request to a foreign State vest... Supreme Court of Appeal
22 May 2024 D H B v C S B[2024] ZACC 9 · Prenuptial agreement — providing for maintenance — pleaded as unspecified donation — Divorce Act 70 of 1979 — section 7 — not triggered Pren... Constitutional Court
21 May 2024 Regenesys Management (Pty) Ltd t/a Regenesys v Ilunga and Others[2024] ZACC 8 · Employees’ posts declared redundant — inadequate consultation — employees required to apply for own positions unsuccessful — selection crite... Constitutional Court
20 May 2024 Electoral Commission of South Africa v Umkhonto Wesizwe Political Party and Others[2024] ZACC 6 · [Recusal] — [double requirement of reasonableness] — [narrow and defined legal issue] — [no reasonable apprehension of bias] [Section 47(1)(... Constitutional Court
20 May 2024 (A)African Congress for Transformation v Electoral Commission of South Africa CCT 106/24; (B)Labour Party of South Africa v Electoral Commission of South Africa and Others CCT 113/24; (C)Afrikan Alliance of Social Democrats v Electoral Commission of South[2024] ZACC 7 · Electoral Act 73 of 1998 — compliance with election timetable — free and fair elections — section 19 of the Constitution — direct access — l... Constitutional Court
16 May 2024 Old Mutual Unit Trust Managers Limited v Living Hands (Pty) Ltd and Others[2024] ZASCA 75 · Delict – pure economic loss – financial institution – client calling up investment portfolio – funds paid out in terms of investment agreeme... Supreme Court of Appeal
16 May 2024 City of Tshwane Metropolitan Municipality v Malvigenix NPC t/a Wecanwin and Others[2024] ZASCA 76 · Local government – Municipal Property Rates Act of 2004 – valuation rolls – setting aside of valuation rolls – consequence – appeal against... Supreme Court of Appeal
14 May 2024 Independent South African National Civic Organisation v Ramosie and Another[2024] ZAEC 18 · Review in terms of s of the Electoral Commission Act of 1996 read with rule of the Electoral Court Rules – application is late – not accompa... Electoral Court
10 May 2024 Molosi and Others v King Phahlo Royal Family and Others[2024] ZASCA 73 · Traditional Leadership and Governance Framework Act of 2003 – section 9 – nomination of king or queen – dispute as to which is legitimate ro... Supreme Court of Appeal
10 May 2024 Lategan and Another v The Director of Public Prosecutions, Western Cape and Another[2024] ZASCA 74 · Interpretation of statutes – sexual offences – Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007(the Act) – whether s... Supreme Court of Appeal
8 May 2024 Maritz v The State[2024] ZASCA 72 · Recusal application – refusal by a judge to recuse herself before sentencing in a criminal trial – onus rests on the appellant to discharge,... Supreme Court of Appeal
6 May 2024 President of the Republic of South Africa and Another v Tembani and Others[2024] ZACC 5 · Prescription — delictual claims for damages — unconstitutionality of President’s conduct a component of alleged wrongfulness — whether compl... Constitutional Court
6 May 2024 The DPP Western Cape v Bongo[2024] ZASCA 70 · Reservation of questions of law in terms of s 319 of the Criminal Procedure Act of 1977 – what constitutes a question of law – misdirection... Supreme Court of Appeal
6 May 2024 Minister of Police v Miya[2024] ZASCA 71 Supreme Court of Appeal
3 May 2024 National Student Financial Aid Scheme v Moloi and Others (574/2022 &194/2022)[2024] ZASCA 66 · Administrative Law – determination of eligibility criteria for a university bursary scheme by the National Student Financial Aid Scheme (NSF... Supreme Court of Appeal
3 May 2024 MV ‘New Endeavor’ and Others v Indian Oil Corporation Limited[2024] ZASCA 67 · Admiralty law – arrest of an associated ship in terms of ss 3(6) and (7) of the Admiralty Jurisdiction Regulation Act 105 of 1983 (the Act)... Supreme Court of Appeal
3 May 2024 Ntoni Jacob Hlape v The Minister of Police[2024] ZASCA 68 · Civil procedure – unlawful arrest and detention – whether the arrest and detention of appellant was unlawful – whether respondent was liable... Supreme Court of Appeal
30 Apr 2024 Optivest Health Services (Pty) Ltd v The Council for Medical Schemes and Others[2024] ZASCA 64 · Whether s 44(4) of the Medical Schemes Act 131 of 1998 (the Act) enables the Council and Registrar of Medical Schemes to investigate the con... Supreme Court of Appeal
30 Apr 2024 Democratic Alliance v Minister of Co-operative Governance and Traditional Affairs[2024] ZASCA 65 · Constitutional law – section of the Disaster Management Act of 2002 – constitutional challenge – whether delegation of plenary legislative p... Supreme Court of Appeal
29 Apr 2024 Cuducap (Pty) Ltd v De Bruyn[2024] ZASCA 62 · Joinder – appeal court taking point of non-joinder mero motu - court would not deal with matters where a third party who may have a direct a... Supreme Court of Appeal
29 Apr 2024 Eskom Holdings SOC Limited v Babcock Ntuthuko Engineering (137/2023, 156/2023 and 148/2023)[2024] ZASCA 63 · Constitutional Law – s 217 of the Constitution – Preferential Procurement Framework Act of 2000 – procurement of goods and services ─ compli... Supreme Court of Appeal
26 Apr 2024 Umkhonto Wesizwe Political Party and Another v Electoral Commission of South Africa and Others[2024] ZAEC 5 · Appeal against the Electoral Commission’s decision upholding the objection lodged in terms of s of the Electoral Act of 1998 – whether the E... Electoral Court
26 Apr 2024 Nkomo and Others v The State[2024] ZASCA 61 · Criminal law and procedure – distinction between recognition and identification of a suspect. Factors applicable. 2 ________________________... Supreme Court of Appeal
25 Apr 2024 Tumelo Mafisa v Road Accident Fund[2024] ZACC 4 · Road Accident Fund — settlement agreement — High Court’s unilateral alteration of settlement agreement irregular and improper Constitutional Court
24 Apr 2024 Supplementary Order ABSA Bank Limited v Rosenburg and Another[2024] ZASCA 58 · Contract – interpretation thereof – whether the guarantee agreement concluded between the parties and securing the indebtedness of the credi... Supreme Court of Appeal
24 Apr 2024 Director of Public Prosecutions, Eastern Cape, Makhanda v Coko (Women's Legal Centre Trust, Initiative for Strategic Litigation in Africa and Commission for Gender Equality intervening as Amici Curiae)[2024] ZASCA 59 · Criminal law and procedure – rape – consent to an act of sexual penetration – nature of consent – appeal by Director of Public Prosecutions... Supreme Court of Appeal
24 Apr 2024 Venator Africa (Pty) Ltd v Watts and Another[2024] ZASCA 60 · Company law – exception – s 218(2) read with s 22(1) of the Companies Act of 2008 – allegation that company carried on its business reckless... Supreme Court of Appeal
19 Apr 2024 Vorster v Clothing City (Pty) Ltd[2024] ZASCA 53 · Jurisdiction – Magistrates’ Court Act of 1944 (the Act) – whether a claim for damages falls within the monetary jurisdiction of the magistra... Supreme Court of Appeal
19 Apr 2024 Heidi Joubert v Pierre Joubert[2024] ZASCA 55 · Divorce – spousal maintenance – order compelling furnishing of further particulars not appealable. 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.