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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
30 Oct 2023 Fleet Africa (Pty) Limited v Polokwane Local Municipality[2023] ZASCA 142 · Contract law – jurisdiction – Superior Courts Act of 2013 – whether the parties explicitly agreed that a particular high court would have ex... Supreme Court of Appeal
27 Oct 2023 Mohuba v University of Limpopo[2023] ZASCA 139 · Whether the relationship between a university and a student is contractual or administrative in nature – refusal by a university to confer a... Supreme Court of Appeal
27 Oct 2023 Narius Moloto v The Pan Africanist Congress of Azania[2023] ZASCA 140 · Civil procedure – review application – whether changed circumstances existed since the order appealed was granted – any decision sought not... Supreme Court of Appeal
25 Oct 2023 Ba-Gat Motors CC t/a Gys Pitzer Motoring and Another v Kempster Sedgwick (Pty) Ltd[2023] ZASCA 137 · Summary judgment – non-variation clause – oral agreement alleged – application of the Shifren principle and estoppel. Supreme Court of Appeal
25 Oct 2023 Emalahleni Local Municipality v Lehlaka Property Development (Pty) Ltd[2023] ZASCA 138 · Civil law and procedure – practice – joinder – no public law relationship between private landowner and unlawful occupiers – notion of a ‘sp... Supreme Court of Appeal
11 Oct 2023 M M v MEC for Health; Eastern Cape[2023] ZASCA 130 · Delict – medical negligence – damages – claim for damages arising out of alleged medical negligence of hospital staff- whether the hospital... Supreme Court of Appeal
10 Oct 2023 EB (born S) v ER (born B) and Others; KG v Minister of Home Affairs and Others[2023] ZACC 32 · Divorce Act 70 of 1979 — redistribution remedy in section 7(3) — exclusion of remedy where marriage dissolved by death — exclusion of remedy... Constitutional Court
10 Oct 2023 Natasha Liebenberg v The State[2023] ZACC 33 · Admissions in terms of section 220 of the Criminal Procedure Act 57 of 1977 — admissibility of evidence in disciplinary hearing –– lack of j... Constitutional Court
3 Oct 2023 Sasol Chevron Holdings Limited v Commissioner for the South African Revenue Service[2023] ZACC 30 · Promotion of Administrative Justice Act 3 of 2000 (PAJA) — delay in instituting application for review — section 7(1) of PAJA — 180-day peri... Constitutional Court
3 Oct 2023 Nu Africa Duty-Free Shops (Pty) Limited v Minister of Finance and Others CCT29/22,[2023] ZACC 31 Constitutional Court
29 Sep 2023 The Commissioner for the South African Revenue Service v Absa Bank Limited and Another[2023] ZASCA 125 · Tax law – General Anti-Avoidance Provisions – legality review of refusal to withdraw a notice issued in terms of s 80J of Income Tax Act - s... Supreme Court of Appeal
29 Sep 2023 Golden Core Trade and Invest (Pty) Ltd v Merafong City Local Municipality and Another[2023] ZASCA 126 · Administrative law – delay – legality review– reactive challenge – s 8(9) of the Water Services Act 108 of 1977 – whether the high court err... Supreme Court of Appeal
28 Sep 2023 Integrity Forensic Solutions CC v Amajuba District Municipality[2023] ZASCA 124 · Contract – whether proved that contracting parties reached consensus on terms of agreement – narrow factual issue determined at trial – appe... Supreme Court of Appeal
26 Sep 2023 Evans v The State[2023] ZASCA 123 · Criminal law – fraud – sentence – prescribed minimum sentence – appeal – cumulative convictions of fraud – applicability of section 51(2)(a)... Supreme Court of Appeal
20 Sep 2023 KGA Life Limited v Multisure Corporation (Pty) Ltd and Others (with Funeral Federation of South Africa intervening as Amicus Curiae[2023] ZASCA 122 · Funeral Group Scheme – termination of contract between intermediary and insurer – Insurance Act of 2017 (the 2017 Act) – effect on contract,... Supreme Court of Appeal
18 Sep 2023 Jacolien Barnard NO and Another v National Consumer Tribunal and Another[2023] ZASCA 121 · Section 148(2)(b) of the National Credit Act of 2005 – jurisdictional factor of applicant’s participation in hearing before National 2 Consu... Supreme Court of Appeal
24 Aug 2023 Mncwabe v President of the Republic of South Africa and Others And Mathenjwa v President of the Republic of South Africa and Others (Consolidated matters)[2023] ZACC 29 · National Prosecuting Authority Act 32 of 1998 — sections 12, 13(1) and 14(3) — Appointments in National Prosecuting Authority — Functus offi... Constitutional Court
21 Aug 2023 Rand Refinery Limited v Sehunane N.O. and Others[2023] ZACC 28 · Section 34 of the Bill of Rights — Labour Court deciding case without reference to answering affidavit — fundamental right of access to cour... Constitutional Court
15 Aug 2023 Koch & Kruger Brokers CC and Another v Financial Sector Conduct Authority and Others[2023] ZACC 27 · Section 34 of Bill of Rights — separated issue — High Court allegedly straying beyond separated issue — separated issue misconceived Constitutional Court
3 Aug 2023 De Graaf NO v Camilleri (5652022)[2023] ZASCA 117 · Family law – divorce – interpretation and enforceability of clauses of a consent paper concluded by ex-spouses governing the ex-wife’s entit... Supreme Court of Appeal
2 Aug 2023 Mudau v Municipal Employees Pension Fund and Others[2023] ZACC 26 · Pension Funds Act 24 of 1956 — section 12 — amendment of rules — pension fund may not apply retrospective rule amendment prior to registrati... Constitutional Court
31 Jul 2023 Municipal Gratuity Fund v The Pension Funds Adjudicator and Another (Case no 3642022)[2023] ZASCA 116 · Pension Fund Act of 1956 – whether the Pension Funds Adjudicator had jurisdiction to consider a complaint by a claimant who lodged their com... Supreme Court of Appeal
13 Jul 2023 Democratic Alliance v Public Protector and Others; President of the Republic of South Africa v Public Protector and Others CCT251/22,[2023] ZACC 25 · Section 194 of the Constitution — suspension of the Public Protector — Apprehension of bias — Sub judice rule — conflict of interest Constitutional Court
12 Jul 2023 South African Council of Educators v Deon Scheepers and Others[2023] ZACC 23 · South African Council of Educators — professional discipline Constitutional Court
12 Jul 2023 Organisation Undoing Tax Abuse v Minister of Transport and Others[2023] ZACC 24 · Constitutional validity — Concurrent legislative competences — Schedule 4 and Schedule 5 of the Constitution — Road traffic infringement Adm... Constitutional Court
3 Jul 2023 Stay At South Point Properties (Pty) Ltd v Mqulwana and Others (UCT intervening as amicus curiae)[2023] ZASCA 108 · Eviction – applicability of the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998 (PIE) to s... Supreme Court of Appeal
28 Jun 2023 Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited[2023] ZACC 20 · [Interpretation of contracts] — [Exemption clauses] — [Exclusion of liability] — [Public Policy] Constitutional Court
26 Jun 2023 Advertising Regulatory Board NPC and Others v Bliss Brands (Pty) Limited[2023] ZACC 19 Constitutional Court
23 Jun 2023 Independent Outdoor Media (Pty) Ltd v The Body Corporate of Overbeek Building and others[2023] ZACC 17 · Declaration of constitutional invalidity — Section 29(8) of the National Building Regulations and Building Standards Act 103 of 1977 — Minis... Constitutional Court
12 Jun 2023 Beneyam Deselegn Ashebo v Minister of Home Affairs and Others[2023] ZACC 16 · Section 12(1) of the Constitution — principle of non-refoulement — section 49(1) and 34 of the Immigration Act 13 of 2002 — illegal foreigne... Constitutional Court
12 Jun 2023 Ethekwini Municipality v Cooperativa Muratori & Cementisti - CMC di Ravenna Societa Cooperativa[2023] ZASCA 95 · Contract – decisions on adjudication of disputes under construction contract – enforcement by court – whether contrary to public policy – sp... Supreme Court of Appeal
9 Jun 2023 Makana People’s Centre v Minister of Health & Others[2023] ZACC 15 · Mental Health Care Act 17 of 2002 — sections 33-4 — statutory regime for involuntary admission and treatment — constitutional validity — sec... Constitutional Court
1 Jun 2023 Minister of Police & 2 Others v Umbhaba Estates (Pty) Ltd & 53 Others[2023] ZASCA 85 · Delict – whether the response by members of the South African Police Services to violence that occurred at private property during a strike... Supreme Court of Appeal
31 May 2023 East Rand Member District of Chartered Accountants and Another v Independent Regulatory Board for Auditors and Others (1132022)[2023] ZASCA 81 · Application for leave to appeal – referral to oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – Mandatory Audit Firm... Supreme Court of Appeal
31 May 2023 Raymond Daniel de Villiers v The State[2023] ZASCA 83 · Criminal Law and Procedure – compensation order – whether a court of appeal could impose an order of compensation in terms of s 300 of the C... Supreme Court of Appeal
31 May 2023 The Commissioner for The South African Revenue Service v Free State Development Corporation[2023] ZASCA 84 · Application by taxpayer to withdraw statement of grounds of appeal and file amended statement – Tax Court granting order – test for appealab... Supreme Court of Appeal
30 May 2023 Ezulwini Mining Company (Pty) Ltd v Minister of Mineral Resources and Energy and Others[2023] ZASCA 80 · Environmental Law – mining – whether mine operator has a continuing obligation to pump extraneous water from underground mining area notwith... Supreme Court of Appeal
29 May 2023 Pretorius v Agricultural Research Council[2023] ZASCA 76 · Law of contract – lease of farm – agreement allowing renewal provided lessee not in default of its terms – purported renewal by lessee whils... Supreme Court of Appeal
29 May 2023 Media 24 (Pty) Ltd v Nhleko & Another[2023] ZASCA 77 · Civil procedure - application for leave to amend plea - dismissal based on wrong principles of law - appeal upheld. ________________________... Supreme Court of Appeal
29 May 2023 Steenhuisen and Another v Van Rooyen and Others[2023] ZASCA 78 · Administrative law – review of Public Protector’s decision on whether in responding to a written parliamentary question the first respondent... Supreme Court of Appeal
29 May 2023 Dhlamini v Schumann, Van den Heever & Slabbert Inc and Others[2023] ZASCA 79 · Civil procedure – Appeal – whether the appeal should be dismissed for mootness – s 16(2)(a) of the Superior Courts Act of 2013 – relief soug... Supreme Court of Appeal
18 May 2023 The Commissioner for the South African Revenue Service v Nyhonyha and Others[2023] ZASCA 69 · Company law – setting aside of winding-up under s 354 of Companies Act of 1973 – test is whether facts demonstrate that continuation of wind... Supreme Court of Appeal
17 May 2023 Oaker and Others v Kriel NO (118/2021); Rockland Group Holdings (Pty) Ltd v Kriel NO and Others[2023] ZASCA 68 · Curatorship – s of the Financial Institutions (Protection of Funds) Act of 2001 (Protection of Funds Act) – bewind trusts and their fund man... Supreme Court of Appeal
12 May 2023 Director of Public Prosecutions, Gauteng Division, Pretoria v D M S and A O L[2023] ZASCA 65 · Appeal against sentences in terms of s 316B of the Criminal Procedure Act of 1977 – whether sentences imposed by the trial court were too le... Supreme Court of Appeal
8 May 2023 The Road Accident Fund v Taylor and other matters (1136-1140/2021)[2023] ZASCA 64 · Practice and procedure – final settlement of claim against Road Accident Fund – compromise – extinguishes disputed rights and obligations an... Supreme Court of Appeal
5 May 2023 Magwala v Chief Sinthumule and Others (Case no 7442021)[2023] ZASCA 62 · Application for special leave – referral for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – Customary Law – tradi... Supreme Court of Appeal
5 May 2023 TWK Agriculture Holdings (Pty) Ltd v Hoogveld Boerderybeleggings (Pty) Ltd and Others[2023] ZASCA 63 · Appealability – dismissal of an exception – doctrine of finality – interests of justice – precedent. Supreme Court of Appeal
3 May 2023 Govender v The State[2023] ZASCA 60 · Criminal Law – murder – common purpose – conviction on direct and circumstantial evidence – presence at scene, active association and intent... Supreme Court of Appeal
3 May 2023 Minister of Police v Gqamane[2023] ZASCA 61 · Civil procedure – unlawful arrest and detention – arrest in terms of ss 40(1)(b) and 40 (1)(q) of Criminal Procedure Act of 1977 – assault w... Supreme Court of Appeal
28 Apr 2023 Louis N O and Others v Fenwick N O and Others (5982021)[2023] ZASCA 59 · Company law – business rescue – binding offer in terms of s 153(1)(b)(ii) of the Companies Act of 2008 rejected – consequences of – interpre... 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.