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Case law by topic

Judgments on appeal

1003 judgments on file that touch appeal, newest first, each with the court's own file.

Handed downJudgmentCourt
13 May 2025 Lorenzi v The State[2025] ZASCA 58 · Practice and procedure – special leave to appeal -refusal by two judges of the Supreme Court of Appeal (SCA) – s 17(2)(f) of the Superior Co... Supreme Court of Appeal
12 May 2025 Henque 3935 CC t/a PQ Clothing Outlet v Commissioner for the South African Revenue Service[2025] ZASCA 56 · Company in business rescue – whether tax liability arising from additional assessment raised by Commissioner for South African Revenue Servi... Supreme Court of Appeal
12 May 2025 Gilchrist v The State[2025] ZASCA 57 · Criminal Law and Procedure – s 93ter(1) of the Magistrates’ Court Act of 1944 – appellant legally represented – record stating no assessors... Supreme Court of Appeal
9 May 2025 Godfrey Alfred Ntuli v The State[2025] ZASCA 53 · Criminal law – hearsay evidence – cannot be admitted after the close of the state’s case – the trial court must rule on it before close of t... Supreme Court of Appeal
9 May 2025 Manelis v Manelis[2025] ZASCA 55 · Divorce – accrual system – effect of the declaration of the net value of a party’s estate at the commencement of his or her marriage in an a... Supreme Court of Appeal
8 May 2025 Mothulwe v Labour Court, Johannesburg and Others[2025] ZACC 10 · Rescission — res judicata — section 34 of the Constitution — access to courts Constitutional Court
7 May 2025 Nakana v Claassens & Others[2025] ZASCA 52 · Criminal law – malicious prosecution – whether the Supreme Court of Appeal (the SCA) may interfere with the order of the Limpopo Division of... Supreme Court of Appeal
6 May 2025 Democratic Alliance v Minister of Home Affairs and Another[2025] ZACC 8 · Citizenship Act 88 of 1995 — confirmation application — constitutionality of section 6(1)(a) — loss of citizenship — order of constitutional... Constitutional Court
30 Apr 2025 Huntrex 277 (Pty) Ltd v Berzack and Others[2025] ZACC 6 · Servitude — whether praedial or personal — approach to interpretation of servitude — whether servitude compliant with principles of property... Constitutional Court
30 Apr 2025 Minister of Justice and Correctional Services and Others v Ntuli[2025] ZACC 7 · Correctional Services Policy Procedures on Formal Education Programmes — right to further education — use of personal computers in prison ce... Constitutional Court
30 Apr 2025 Twenty-Third Century Systems (Pty) Ltd and Another v SAP Africa Region (Pty) Ltd[2025] ZASCA 51 · Law of contract – whether a contracting party can rely on the terms of a contract after the termination of the contract – distinction betwee... Supreme Court of Appeal
29 Apr 2025 East Asian Consortium B.V. v MTN Group Limited and Others[2025] ZASCA 50 · Delict – unlawful inducement – unlawful competition – conflict of law – transnational delicts – lex loci delicti – significant relationship... Supreme Court of Appeal
25 Apr 2025 Johannes Frederick Gouws N O and Others v Johannes Petrus Erasmus Swarts N O[2025] ZASCA 48 · Law of Contract – verbal agreement – transfer of shares – whether a valid and legally binding purchase and sale agreement was concluded betw... Supreme Court of Appeal
25 Apr 2025 Sekabate v The State[2025] ZASCA 49 · Application for special leave referred to oral argument in terms of s 17 (2)(d) of the Superior Courts Act of 2013 – exceptional circumstanc... Supreme Court of Appeal
24 Apr 2025 Shaynaz Prithilal v Akani Egoli (Pty) Limited and Another[2025] ZACC 5 · Attorney and client costs — Court’s duty to give reasons — sections 1(c) and 34 of the Constitution Constitutional Court
11 Apr 2025 Minister of Environmental Affairs v The Trustees for the time being of Groundwork Trust and Others[2025] ZASCA 43 · National Environmental Management: Air Quality Act of 2004 (the Air Quality Act) – statutory interpretation – ministerial powers to enact re... Supreme Court of Appeal
8 Apr 2025 The Loan Company (Pty) Ltd v The National Credit Regulator and Another[2025] ZASCA 40 · National Credit Act, of 2005 – interpretation – sections 40(1), 40(3), 76(3), 100(1)(c),100(1)(d)(ii) and 151 – obligation to register as cr... Supreme Court of Appeal
4 Apr 2025 JT International Manufacturing South Africa (Pty) Ltd v The Commissioner for the South African Revenue Service[2025] ZASCA 37 · Interpretation: Customs and Excise Act of 1964 – twelve imported consignments of cigarette tobacco entered under rebate code 460.24 not ente... Supreme Court of Appeal
1 Apr 2025 Uys N O and Others v National Credit Regulator and Another[2025] ZASCA 34 · National Credit Act of 2005 (NCA) – impugned transactions – whether the impugned transactions constitute credit agreements as defined by s 8... Supreme Court of Appeal
1 Apr 2025 Western Cape Provincial Government and Others v D C Security (Pty) Ltd t/a D C Security and Others[2025] ZASCA 35 · Administrative law – review and setting aside – tender – Promotion of Administrative Justice Act of 2000 – whether appeal has been rendered... Supreme Court of Appeal
31 Mar 2025 United Manganese of Kalahari (Pty) Limited v Commissioner of the South African Revenue Service and four other cases[2025] ZACC 2 · Section 105 of Tax Administration Act 28 of 2011 — test for granting a direction — relevant considerations in granting or refusing direction... Constitutional Court
31 Mar 2025 Commissioner for the South African Revenue Service v Richards Bay Coal Terminal (Pty) Ltd[2025] ZACC 3 · Customs and Excise Act 91 of 1964 — tariff determination — section 47(9)(e) — wide appeal — review in terms of Promotion of Administrative J... Constitutional Court
31 Mar 2025 Obiang v Janse van Rensburg & Others[2025] ZASCA 30 · Civil Procedure – rescission of orders in terms of rule 42(1)(a) of Uniform Rules of Court – Service of legal process in substantial complia... Supreme Court of Appeal
31 Mar 2025 The National Director of Public Prosecutions v Victor N O and Others[2025] ZASCA 31 · Prevention of Organised Crime Act 121 of 1998 (POCA) – funds kept in bank accounts of company and directors the proceeds of an unlawful inve... Supreme Court of Appeal
31 Mar 2025 Aventino Ecotroopers Joint Venture and Others v The MEC for the Department of Roads and Transport, Gauteng Province and Others[2025] ZASCA 32 · Tender – tender validity period – extensions of the period – s of the Public Finance Management Act of 1999 – supply chain management policy... Supreme Court of Appeal
31 Mar 2025 Resilient Rock (Pty) Ltd v Voltex (Pty) Ltd t/a Atlas Group[2025] ZASCA 33 · Insolvency law – section 347(5) of the Companies Act of 1973 – whether an appeal court has jurisdiction to grant a final winding-up order, w... Supreme Court of Appeal
28 Mar 2025 late Yasmin Salie) and Another[2025] ZASCA 26 · Delict – negligence – runner colliding with member of public during race – route on promenade not cordoned off – runner negligent in failing... Supreme Court of Appeal
28 Mar 2025 Sumeil (Pty) Ltd v Coogal Finance (Pty) Ltd (In Liquidation) and Others[2025] ZASCA 27 · Claim for money payment on application – application of Plascon-Evans rule – Set-off – executory contract – reciprocal obligations – duty of... Supreme Court of Appeal
27 Mar 2025 Alexia Kobusch and Others v Wendy Whitehead[2025] ZASCA 24 · Civil procedure – barring a party to proceedings – exception based on lack of averments to sustain a cause of action – whether the exception... Supreme Court of Appeal
27 Mar 2025 Doorware CC v Mercury Fittings CC[2025] ZASCA 25 · Application for leave to appeal – dispute as to whether agreement exists – referred to oral evidence – interim interdict granted – applicant... Supreme Court of Appeal
26 Mar 2025 Bidvest Protea Coin Security (Pty) Ltd v Mandla Wellem Mabena[2025] ZASCA 23 · Section 17(2)(f) of the Superior Courts Act of 2013 – reconsideration of a decision of the Supreme Court of Appeal to refuse special leave t... Supreme Court of Appeal
24 Mar 2025 Ekapa Minerals (Pty) Ltd and Another v Sol Plaatje Local Municipality and Others[2025] ZACC 1 · [municipal property rates] — [principle of legality] — [section 172(1)(b)] — [just and equitable relief] — [review proceedings] Constitutional Court
20 Mar 2025 Medupe & Others v African National Congress & Others[2025] ZASCA 22 · Administrative law – constitution of a voluntary association – interpretation of rule 12.2.4 of the African National Congress constitution –... Supreme Court of Appeal
19 Mar 2025 Tosholo v Road Accident Fund[2025] ZASCA 21 · Civil Procedure – special plea of prior settlement – compromised claim – settlement agreement neither challenged nor rectified – Road Accide... Supreme Court of Appeal
17 Mar 2025 Aveng Mining Shafts & Underground v The Commissioner for the South African Revenue Service[2025] ZASCA 20 · Value-Added Tax Act of 1991 (the Act) – vendor conducting enterprise of shaft sinking and mining construction activities – whether input tax... Supreme Court of Appeal
14 Mar 2025 Newnet Properties (Pty) Ltd t/a Sunshine Hospital v The Road Accident Fund[2025] ZASCA 19 · Civil procedure – principle of finality of court orders – whether the Road Accident Fund is entitled to compel a judgment creditor to provid... Supreme Court of Appeal
13 Mar 2025 Haralambos Prokas N O and Others v Zoviflo (Pty) Ltd[2025] ZASCA 18 · Contract – interpretation of – whether Joint Venture Agreement (JVA) and Nominee Shareholders Agreement (NSA) concluded on the same day are... Supreme Court of Appeal
5 Mar 2025 Sishen Iron Ore Company (Pty) Ltd v CSARS[2025] ZASCA 16 · Taxation – taxpayer deriving income from mining operations – whether expenditure incurred in respect of the relocation of a neighbouring res... Supreme Court of Appeal
5 Mar 2025 The Road Accident Fund and Others v Hlatshwayo and Others (724/2023 and 724B/2023)[2025] ZASCA 17 · Civil procedure-whether it was competent for the full court to inquire into the issue of costs occasioned by the late settlement of two Road... Supreme Court of Appeal
25 Feb 2025 Casadobe Props 60 (Pty) Ltd v Fratelli Martini Secondo Luigi SpA[2025] ZASCA 14 · Trade Mark – opposition to the registration of a trade mark in reliance upon s 10(14) of the Trade Marks Act 194 of 1993 – whether the trade... Supreme Court of Appeal
25 Feb 2025 Board of Governors of Mitchell House School and Others v Maluleke[2025] ZASCA 15 · Civil Procedure – re-adjudication of concluded application by same court – functus officio – res judicata principles – Judge re-adjudicating... Supreme Court of Appeal
21 Feb 2025 Akani Retirement Fund Administrators (Pty) Limited and Others v Moropa and Others (1125/2022 and 1129/2022)[2025] ZASCA 13 · Mootness – appeal having no practical effect – whether a discrete point of law arises – general principles restated. Supreme Court of Appeal
12 Feb 2025 Ngcobo v The State[2025] ZASCA 12 · Criminal law – conviction – whether the trial court failed to exercise caution when considering the evidence of a single witness – whether t... Supreme Court of Appeal
10 Feb 2025 Manwadu v Manwadu and Others[2025] ZASCA 10 · Evidence – uncertified copy of Identity Document utilised to prove customary marriage – failure to produce certificate of marriage or coroll... Supreme Court of Appeal
6 Feb 2025 Kangra Coal (Pty) Ltd v The Trustees of the Time Being of the Corneels Greyling Trust and Others[2025] ZASCA 9 · Appeals in terms of s 148(3) of the National Water Act of 1998 (the NWA) against water use licences (the WUL) – suspension of licence pursua... Supreme Court of Appeal
31 Jan 2025 Magasela v The State (12572023)[2025] ZASCA 8 · Appeal against conviction and sentence – proof beyond a reasonable doubt – rejection of appellant’s version – not reasonably possibly true –... Supreme Court of Appeal
30 Jan 2025 Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others[2025] ZASCA 7 · Superior Courts Act of 2013 (the Superior Courts Act) – Reconsideration of application for special for leave to appeal – s 17(2)(f) of the S... Supreme Court of Appeal
29 Jan 2025 Mashwayi Projects (Pty) Ltd and Others v Wescoal (Pty) Ltd and Others (11572023)[2025] ZASCA 5 · Company law – Companies Act of 2008 (the Act) – Chapter thereof – business rescue – whether post commencement creditors excluded from voting... Supreme Court of Appeal
29 Jan 2025 Equistock Properties 8 (Pty) Ltd and Another v Oosthuizen and Others (7382023 and 7392023)[2025] ZASCA 6 · Civil Procedure – the requirements of a final interdict restated – authority to bring an application not established – personal costs order... Supreme Court of Appeal
28 Jan 2025 Du Plessis v Majiedt N O and Others[2025] ZASCA 4 · Insolvency – locus standi of insolvent to sue in his own name – Insolvency Act of 1936 – trustees were the correct persons to take action –... 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.