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Handed down	Judgment	Court
21 Apr 2023	The Butcher Shop and Grill CC v The Trustees for the time being of the Bymyam Trust[2023] ZASCA 57 · Lease – remission and abatement of rent – vis major – subtenant suffering loss of use and enjoyment of leased premises – whether tenant enti...	Supreme Court of Appeal
21 Apr 2023	Afriforum NPC v Nelson Mandela Foundation Trust and Others[2023] ZASCA 58 · Constitutional Law – section 16(1) of the Constitution – freedom of expression – whether right infringed by prohibition of gratuitous public...	Supreme Court of Appeal
20 Apr 2023	South African Municipal Workers’ Union National Provident Fund v Dihlabeng Local Municipality and Others (652022)[2023] ZASCA 55 · Labour law – employee pension fund – whether the dismissed employees were re-employed or reinstated in terms of a settlement agreement – whe...	Supreme Court of Appeal
20 Apr 2023	Cohen N O & Others v Deans[2023] ZASCA 56 · Summary judgment - particulars of claim based upon incorrect trust deed - plaintiff verified an incorrect cause of action - defendants discl...	Supreme Court of Appeal
19 Apr 2023	Mystic River Investments 45 (Pty) Ltd & Another v Zayeed Paruk Incorporated & Others (Case no 4322022)[2023] ZASCA 54 · Practice – application that peregrinus provide security for costs under rule of Uniform Rules of Court – exercise of true discretion – power...	Supreme Court of Appeal
18 Apr 2023	National Union of Metal Workers of South Africa v Trenstar (PTY) Limited[2023] ZACC 11 · Labour Relations Act 66 of 1995 — section 76(1)(b) — distinction between a terminated strike and a suspended strike — interpretation of “in...	Constitutional Court
18 Apr 2023	Mashinini v The Member of the Executive Council for Health and Social Development, Gauteng Provincial Government (3352021)[2023] ZASCA 53 · Delict – action for damages based on medical negligence of public hospital staff – claim for future medical and hospital expenses – public h...	Supreme Court of Appeal
11 Apr 2023	De la Rey, Pieter Jacobus v PH de la Rey Family Trust and Others (0842021)[2023] ZASCA 48 · Equality Legislation – whether the Equality Court had jurisdiction, complainant making out no case that he had been discriminated against as...	Supreme Court of Appeal
28 Mar 2023	Independent Community Pharmacy Association v The New Clicks Group Limited[2023] ZACC 10 · Pharmacy Act 53 of 1974 — section 22A — Ownership of Pharmacies — Regulations relating to the Ownership and Licensing of Pharmacies — regula...	Constitutional Court
28 Mar 2023	Francis v The State[2023] ZASCA 30 · Criminal procedure – appeal against refusal of petition by high court – appellant convicted of two counts of dealing in drugs – sentenced to...	Supreme Court of Appeal
24 Mar 2023	Media summary Strategic Partners Group (Pty) Ltd and Others v The Liquidators of Ilima Group (Pty) Ltd (in liquidation) and Others[2023] ZASCA 27 · Company Law – shareholder liquidated – rights of liquidators to information – not limited to rights of shareholder – rights under s 414 and...	Supreme Court of Appeal
24 Mar 2023	Media summary Commissioner for the South African Revenue Service v Rappa Resources (Pty) Ltd[2023] ZASCA 28 · Section 105 of the Tax Administration Act of 2011 – a taxpayer may only dispute an assessment by objection and appeal in terms of ss 104 to...	Supreme Court of Appeal
24 Mar 2023	Media summary United Manganese of Kalahari (Pty) Ltd v Commissioner for the South African Revenue Service[2023] ZASCA 29 · Section 105 of the Tax Administration Act of 2011 – a taxpayer may only dispute an assessment by objection and appeal in terms of ss 104 to...	Supreme Court of Appeal
15 Mar 2023	Minister of Water and Sanitation and Others v Casper Jacobus Lotter N.O and Others[2023] ZACC 9	Constitutional Court
10 Mar 2023	Ledla Structural Development (Pty) Limited and Others v Special Investigating Unit[2023] ZACC 8 · Special Tribunal established in terms of section 2 of the Special Investigating Units and Special Tribunals Act — Special Tribunal is not a...	Constitutional Court
8 Feb 2023	Minister of Tourism and others v Afriforum NPC and Another[2023] ZACC 7 · Disaster Management Act 57 of 2002 — Tourism Relief Fund — Broad-Based Black Economic Empowerment— B-BBEE 2 Covid-19 — state of disaster — m...	Constitutional Court
1 Feb 2023	Mfoza Service Station (Pty) Limited v Engen Petroleum Limited and Another[2023] ZACC 3 · Petroleum Products Act 120 of 1977— section 12B(4)(a) — powers of an arbitrator — awarding of damages as a remedy	Constitutional Court
1 Feb 2023	Rissik Street One Stop CC t/a Rissik Street Engen and Another v Engen Petroleum Limited[2023] ZACC 4 · Petroleum Products Act 120 of 1977 — section 12B —stay of eviction proceedings — pending outcome of section 12B arbitration — continued occu...	Constitutional Court
1 Feb 2023	David John Riley v Rochelle Tracy Riley[2023] ZACC 5 · Contempt of Court — rule 42 of the Uniform Rules of Court — variation of court orders	Constitutional Court
1 Feb 2023	Agribee Beef Fund (Pty) Limited and Another v Eastern Cape Rural Development Agency[2023] ZACC 6 · Section 217(1) of the Constitution – procurement – goods and services – tripartite agreement between organs of state and private party – moo...	Constitutional Court
25 Jan 2023	Enforced Investment (Pty) Ltd and Others v Verifika Incorporated and Another[2023] ZASCA 5 · Contract – loan and repayment agreement – whether demand for payment valid – whether lender entitled to perfect security and accelerate paym...	Supreme Court of Appeal
24 Jan 2023	Makhi Kapa v The State[2023] ZACC 1 · Law of Evidence Amendment Act 45 of 1988 — application of section 3(1)(c) — admission of hearsay evidence — interests of justice	Constitutional Court
24 Jan 2023	Afrocentrics Projects and Services (Pty) Limited t/a Innovative Distribution v State Information Technology Agency Soc Limited and Others[2023] ZACC 2 · Uniform Rules of Court — rule 30 — court orders in irregular proceedings —— court order must provide certainty and finality — competency of...	Constitutional Court
23 Jan 2023	South African Reserve Bank and Another v Johnine Winsome Elisie Maddocks N O and Another[2023] ZASCA 4 · Exchange Control Regulations of the Currency and Exchanges Act,1933 – Legal consequences of a forfeiture order issued in terms of Regulation...	Supreme Court of Appeal
15 Dec 2022	MEC for Health, Eastern Cape v N H obo A[2022] ZASCA 181 · Extinctive prescription – s 12(3) of the Prescription Act of 1969 – inquiry as to what constitutes knowledge of sufficient facts giving rise...	Supreme Court of Appeal
15 Dec 2022	lattekloof RMS Boerdery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd[2022] ZASCA 182 · Contract – pre-emptive right in respect of two of eight portions of farm – offer by third party to purchase farm – activated right of pre-em...	Supreme Court of Appeal
14 Dec 2022	Millenium Aluminium and Glass Services CC and Others v Group Five Construction (Pty) Ltd and Another[2022] ZASCA 180 · Construction guarantee – whether the requirements were met - insurer’s obligation to pay – failure by the subcontractor to pay the certified...	Supreme Court of Appeal
9 Dec 2022	South African Human Rights Commission v Standard Bank of South Africa and Others[2022] ZACC 43	Constitutional Court
8 Dec 2022	Villa Crop Protection (Pty) Limited v Bayer Intellectual Property GMBH[2022] ZACC 42 · Amendment of Pleadings — misapplication of applicable test — application of incorrect test —introduction of the special plea of unclean hand...	Constitutional Court
30 Nov 2022	Esorfranki Pipelines (PTY) Limited v Mopani District Municipality[2022] ZACC 41 · Delictual liability for harm arising from state’s intentional misconduct — section 8 of PAJA — compensation under PAJA Section 217 of the Co...	Constitutional Court
30 Nov 2022	Mapholisa N O v Phetoe N O and Others[2022] ZASCA 168 · Administrative law – review of decision of one organ of state by another – whether review under the Promotion of Administrative Justice Act...	Supreme Court of Appeal
29 Nov 2022	Justice Nhlanhla Lebea v Member of the Executive Council for Public Works and Infrastructure, Free State[2022] ZACC 40 · [adverse credibility findings] — [common law development] — [rule 28(1)] — [Magistrate’s Court Rules] [direct and substantial interest] — [h...	Constitutional Court
28 Nov 2022	Samancor Chrome Limited v Bila Civil Contractors (Pty) Ltd[2022] ZASCA 163 · Contempt of court – non-compliance with court orders to be established beyond reasonable doubt – elements of wilfulness and mala fides not e...	Supreme Court of Appeal
24 Nov 2022	Case 650/2020 Madrasah Taleemuddeen Islamic Institute v Chandra Giri Ellaurie and Another[2022] ZASCA 160 · Nuisance – the right to undisturbed use and enjoyment of own property is not unlimited – reasonable interference is to be expected depending...	Supreme Court of Appeal
21 Nov 2022	Janusz Jakub Walus v Minister of Justice and Correctional Services[2022] ZACC 39 · [Parole] — [life imprisonment sentence] — [rationality] — [sentencing remarks] [nature and seriousness of the crime] — [Correctional Service...	Constitutional Court
18 Nov 2022	Rustenburg Platinum Mines Limited and Another v The Regional Manager, Limpopo Region, Department of Mineral Resources and Others[2022] ZASCA 157 · Administrative Law – review of decisions of Regional Manager and Deputy Director General of the Department of Mineral resources and Energy....	Supreme Court of Appeal
14 Nov 2022	Reddell and Others v Mineral Sands Resources (Pty) Limited and Others[2022] ZACC 38 · Defamation — constitutionality of awarding general damages to trading corporations — partially unconstitutional — public discourse on issues...	Constitutional Court
3 Nov 2022	Golden Fried Chicken (Pty) Ltd v Vlachos and Another[2022] ZASCA 150 · Intellectual Property – Trade Marks Act 194 of 1993 – infringement proceedings – registered mark – test for deception or confusion under s 3...	Supreme Court of Appeal
3 Nov 2022	Democratic Alliance v Brummer[2022] ZASCA 151 · Plea of res judicata by reason of issue estoppel in action for damages arising from alleged unlawful termination of membership – prior judgm...	Supreme Court of Appeal
27 Oct 2022	Competition Commission v Group Five Construction Limited[2022] ZACC 36 · Competition Act 89 of 1998 — interpretation and application of section 62 — exclusive jurisdiction of Competition Tribunal —High Court juris...	Constitutional Court
13 Oct 2022	Land and Agricultural Bank of South Africa v The Minister of Rural Development and Land Reform and Others[2022] ZASCA 133 · Prevention of Organised Crime Act 121 of 1998 – civil recovery of property under chapter 6 – exclusion of ‘interest’ in property from operat...	Supreme Court of Appeal
13 Oct 2022	Southern Sky Hotel and Leisure (Pty) Ltd and Others v Southern Sky Food Enterprises (Pty) Ltd[2022] ZASCA 134 · Whether agreement concluded by liquidators for the sale of the property of a company in liquidation is invalid by virtue of the provisions o...	Supreme Court of Appeal
13 Oct 2022	Mazars Recovery & Restructuring (Pty) Ltd and Others v Montic Dairy (Pty) Ltd (in liquidation) and Others[2022] ZASCA 135 · Company Law – business rescue – whether payments made to the business rescue practitioners after the conversion of business rescue proceedin...	Supreme Court of Appeal
13 Oct 2022	MV ‘TARIK III’ Credit Europe Bank N.V. v The Fund Comprising the Proceeds of the Sale of the MV Tarik III and Others[2022] ZASCA 136 · Shipping – Admiralty Jurisdiction Regulation Act 105 of 1983 – when an agreement that has been admitted or proved is said to have been termi...	Supreme Court of Appeal
7 Oct 2022	The Commissioner for the South African Revenue Service v Airports Company for South Africa[2022] ZASCA 132 · Tax Administration Act of 2011 – application for amendment to objection against an additional assessment - no procedure in the Act for amend...	Supreme Court of Appeal
6 Oct 2022	Limpopo v Leboho[2022] ZASCA 131 · Contract – calculation of leave days – jurisdiction of the courts – clause 14.1 of the collective agreement between the parties – difference...	Supreme Court of Appeal
3 Oct 2022	N’Wandlamharhi Communal Property Association and Another v Westcott and Others[2022] ZASCA 129 · Property – servitude – rights of access to and occupation of immovable properties – rights constitute subtraction from dominium of land – no...	Supreme Court of Appeal
3 Oct 2022	Classen & Another v The State[2022] ZASCA 130 · Criminal Law and Procedure – hearsay evidence – s 3(1)(c) of Law of Evidence Amendment Act of 1988 – admissibility, assessment and probative...	Supreme Court of Appeal
28 Sep 2022	Samsung Electronics SA (Pty) Ltd v The Commissioner for the South African Revenue Service[2022] ZASCA 126 · Customs and Excise Act of 1964 – classification of smartphone as a ‘telephone for cellular networks’ for customs duty.	Supreme Court of Appeal
28 Sep 2022	Zurich Insurance Company South Africa Ltd v Gauteng Provincial Government[2022] ZASCA 127 · Insurance contract – damage to rock mass when tunnels for Gautrain Rapid Rail System constructed – whether insured’s claim had prescribed –...	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.

Judgments on appeal