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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
26 Sep 2022 Solomons v The State[2022] ZASCA 124 · Criminal Law and Procedure – murder – inter-partner violence – domestic violence – sentence – years’ imprisonment, years of which is suspend... Supreme Court of Appeal
26 Sep 2022 Nhlapo v The State[2022] ZASCA 125 · Criminal law and procedure – sentence in excess of the prescribed minimum for robbery – whether effective sentence of years’ imprisonment fo... Supreme Court of Appeal
22 Sep 2022 United Democratic Movement and Another v Lebashe Investment Group (PTY) Limited and Others[2022] ZACC 34 · Appealability of Interim Interdicts — Interests of Justice — Section 16(1)(a) of the Superior Courts Act 10 of 2013 Constitutional Court
20 Sep 2022 Amabhungane Centre for Investigative Journalism NPC v President of the Republic of South Africa[2022] ZACC 31 · Executive Ethics Code, Proclamation No. R41 of 2000 — constitutionality of the Code — order of constitutional invalidity confirmed Executive... Constitutional Court
20 Sep 2022 William Grobler v Clara Philips and Others[2022] ZACC 32 · Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — section 4(7) — factors to be taken into account — evict... Constitutional Court
19 Sep 2022 N S v J N[2022] ZASCA 122 · Superior Courts Act of 2013 - s 16(2)(a)(i) – parental rights and responsibilities in respect of a minor child - decision sought would have... Supreme Court of Appeal
29 Aug 2022 Minister of Social Development v SA Childcare (Pty) Ltd & Others; MEC, Social Development, Eastern Cape & Others v SA Childcare (Pty) Ltd & Others[2022] ZASCA 119 · Social development – Early Childhood Development facilities – payment of subsidies by national and provincial Departments of Social Developm... Supreme Court of Appeal
22 Aug 2022 NUMSA obo Aubrey Dhludhlu and 147 Others v Marley Pipe Systems (SA) (Pty) Ltd[2022] ZACC 29 Constitutional Court
22 Aug 2022 Qurashi and Others v The State[2022] ZASCA 118 · Criminal law and procedure – admission of evidence pursuant to search and seizure allegedly in violation of constitutional right to privacy... Supreme Court of Appeal
16 Aug 2022 Benedict Moagi Peloeole v The Director of Public Prosecutions, Gauteng[2022] ZASCA 117 · Criminal law and procedure – appeal and cross-appeal on sentence – appellant convicted on two counts of murder – whether the murders were pr... Supreme Court of Appeal
20 Jul 2022 Seebed CC t/a Siyabonga Convenience Centre v Engen Petroleum Limited[2022] ZACC 28 · Petroleum Products Act 120 of 1977 — Section 12B Arbitration Referral — Stay of Proceedings Termination of Lease Agreement — Eviction Procee... Constitutional Court
19 Jul 2022 Social Justice Coalition and Others v Minister of Police and Others[2022] ZACC 27 · Declaratory order — outstanding Equality Court order — constructive refusal — remedy Constitutional Court
15 Jul 2022 Frantzen v Road Accident Fund[2022] ZASCA 107 · Delict – personal injury claim – factual causation – cause and effect – whether soft tissue injury of neck and back sustained in motor vehic... Supreme Court of Appeal
15 Jul 2022 ICM v The State[2022] ZASCA 108 · Criminal law and procedure – evidence – sexual assault and rape of child complainant in terms of the Criminal Law (Sexual Offences and Relat... Supreme Court of Appeal
15 Jul 2022 Tsobo v Tsobo[2022] ZASCA 109 · Application for protection order under Domestic Violence Act, 116 of 1198 – applicant must establish, on balance of probabilities, that resp... Supreme Court of Appeal
15 Jul 2022 Imbuko Wines (Pty) Ltd v Reference Audio CC[2022] ZASCA 110 · Cession – whether oral cession established – whether debtor aware of the cession. 2 ________________________________________________________... Supreme Court of Appeal
15 Jul 2022 Minister of Police and Others v Samuel Molokwane[2022] ZASCA 111 · Civil Procedure – s 2(2) of State Liability Act of 1957 –– whether failure to serve summons against Minister of Police on State Attorney nul... Supreme Court of Appeal
15 Jul 2022 Maree v The State[2022] ZASCA 112 · Appeal against refusal by high court to grant leave to appeal – against conviction and sentence by magistrate’s court – Supreme Court of App... Supreme Court of Appeal
6 Jul 2022 Mamadi and Another v Premier of Limpopo Province and Others[2022] ZACC 26 · Jurisdiction — Just administrative action — right of access to courts Rule 6(5)(g) — Rule 53 — res judicata Plascon Evans rule — reasonably... Constitutional Court
4 Jul 2022 Merifon (Pty) Limited v Greater Letaba Municipality and Another[2022] ZACC 25 · legality — enforceability of agreement — section 19 of the Local Government Municipal Finance Management Act 56 of 2003 — peremptory statuto... Constitutional Court
28 Jun 2022 e.tv (Pty) Limited and Others v Minister of Communication and Digital Technologies and 11 Others[2022] ZACC 22 · Analogue switch-off date — duty to give notice — procedural rationality Remedy — review of Minister’s decision — separation of powers — subs... Constitutional Court
28 Jun 2022 Women’s Legal Centre Trust v President of the Republic of South Africa and Others[2022] ZACC 23 · Muslim marriages — non recognition — infringement of rights to dignity, equality, access to courts and principle of best interests of the ch... Constitutional Court
21 Jun 2022 Transnet Soc Limited v Total South Africa (Pty) Limited and Others[2022] ZACC 21 Constitutional Court
15 Jun 2022 Voice of the Unborn Baby NPC and Another v Minister of Home Affairs and Another[2022] ZACC 20 · Births and Deaths Registration Act 51 of 1992 — constitutional validity of sections 18(1) to (3) and 20(1) — order of constitutional invalid... Constitutional Court
2 Jun 2022 Peermont Global (North West) (Pty) Ltd v Chairperson of the North West Gambling Review Tribunal and Others and Two Other Cases (Case numbers 1040/2020); 1055/2020 and 1056/2020[2022] ZASCA 80 Supreme Court of Appeal
2 Jun 2022 Lebogang Peter Mashilo v The State[2022] ZASCA 81 · Application in terms of s 17(2)(f) of the Superior Courts Act of 2013 – referred by the President of the Supreme Court of Appeal to a full c... Supreme Court of Appeal
31 May 2022 Tuta v The State[2022] ZACC 19 Constitutional Court
30 May 2022 Minister of Finance v Sakeliga NPC (previously known as Afribusiness NPC) and Others[2022] ZACC 17 Constitutional Court
30 May 2022 TM obo MM v Member of the Executive Council for Health and Social Development[2022] ZACC 18 · Jurisdiction — constitutional issue — interests of justice Leave to appeal — not in the interests of justice to grant leave — leave to appea... Constitutional Court
30 May 2022 Arena Holdings (Pty) Limited t/a Financial Mail and Others v South African Revenue Service and Others[2023] ZACC 13 · Promotion of Access to Information Act 2 of 2000 — constitutionality of sections 35 and 46 — provisions are unconstitutional Tax Administrat... Constitutional Court
27 May 2022 Minister of Police and Others v Fidelity Security Services (Pty) Limited[2022] ZACC 16 · Sections 13 to 20 of the Firearms Control Act 60 of 2000 — [application for licence to possess firearm] — [lapsing of previous licence] — [n... Constitutional Court
19 May 2022 Nedbank Limited v Houtbosplaas (Pty) Ltd and Another[2022] ZASCA 69 · Banking law – banker and client – summary closure of bank accounts by client – exercise of contractual right by client to do so – trusts tha... Supreme Court of Appeal
17 May 2022 Tee Que Trading Services (Pty) Ltd v Oracle Corporation South Africa (Pty) Ltd and Another[2022] ZASCA 68 · Contract law – arbitration and governing law clauses in licence agreements – whether subsequent contracts replaced or rendered clauses inope... Supreme Court of Appeal
6 May 2022 Solidarity obo Members and Another v Barloworld Equipment Southern Africa and Others[2022] ZACC 15 · Labour Relations Act — meaningful joint consensus-seeking process — selection criteria Constitutional Court
22 Apr 2022 Commissioner, South African Revenue Service v Sasol Chevron Holdings Limited[2022] ZASCA 56 · Administrative law – Promotion of Administrative Justice Act of 2000 (PAJA) – application for review of administrative action – delay in ins... Supreme Court of Appeal
22 Apr 2022 Minister of Police and Another v Erasmus[2022] ZASCA 57 · Delict – actio iniuriarum – unlawful arrest and detention – liability of police for post-court appearance detention – not caused by unlawful... Supreme Court of Appeal
22 Apr 2022 Mirchandani v Unica Iron & Steel (Pty) Ltd and Unica Iron & Steel (Pty) Ltd v Mirchandani (Case no 802/2020 & 813/2020)[2022] ZASCA 58 · Damages – breach of profit share agreement and lease agreements – claim for payment of utilities and bond charges erroneously debited in app... Supreme Court of Appeal
22 Apr 2022 Le Hanie and Others v Glasson and Others[2022] ZASCA 59 · Contempt of court – interpretation of court order – non- compliance not proven – absence of wilfulness and mala fides – court order not dire... Supreme Court of Appeal
20 Apr 2022 David Papiki Komane v The State[2022] ZASCA 55 · Criminal law – evidence – what constitutes sufficiency of circumstantial evidence – conviction based on circumstantial evidence well- founde... Supreme Court of Appeal
13 Apr 2022 Central Energy Fund SOC Ltd and Another v Venus Rays Trade (Pty) Ltd and Others[2022] ZASCA 54 · Review under principle of legality and Promotion of Administrative Justice Act of 2000 – rotation of country’s strategic oil stock – decisio... Supreme Court of Appeal
12 Apr 2022 Advertising Regulatory Board NPC and Others v Bliss Brands (Pty) Ltd[2022] ZASCA 51 · Administrative Law – private body exercising public functions – submission to jurisdiction – powers of the Administrative Regulatory Board (... Supreme Court of Appeal
12 Apr 2022 HLB International (South Africa) v MWRK Accountants and Consultants[2022] ZASCA 52 · Practice – judgments and orders – interpretation of order – applicable principles. Supreme Court of Appeal
5 Apr 2022 AK v Minister of Police[2022] ZACC 14 · Delict — wrongfulness — negligence — extent of police liability for negligent police work — psychopathological harm Constitutional Court
30 Mar 2022 Adams Damon v City of Cape Town[2022] ZACC 13 · Unfair discrimination — reasonable accommodation — inherent requirements of a job — disability law — importance of pleadings in determining... Constitutional Court
25 Mar 2022 NVM obo VKM v Tembisa Hospital and Another[2022] ZACC 11 · Jurisdiction — section 167(3)(b) of Constitution — sole issue one of factual causation — constitutional considerations not affecting resolut... Constitutional Court
25 Mar 2022 Ayres and Another v Minister of Justice and Correctional Services and Another[2022] ZACC 12 · Constitutional law — Foundational values — Rule of law — Doctrine of Precedent Constitutional Court
15 Mar 2022 Andrew Tuee Baloyi N.O. and Others v Pawn Stars CC and Another[2022] ZACC 10 · Rule 46A of the Uniform Rules of Court — legal persons and trusts — determination of alleged constitutional issue not reasonably necessary f... Constitutional Court
11 Mar 2022 Municipal Employees Pension Fund and Another v Dineo Innolentia Mongwaketse[2022] ZACC 9 · Pension Funds Act 24 of 1956 — definitions of “complainant” and “complaint” — purported admission to membership of ineligible member — wheth... Constitutional Court
4 Mar 2022 Barnard Labuschagne Incorporated v South African Revenue Service and Another[2022] ZACC 8 · Tax Administration Act 28 of 2011 — sections 172 and 174 — certified statement filed by South African Revenue Service to be treated as civil... Constitutional Court
1 Mar 2022 Commercial Stevedoring Agricultural and Allied Workers Union and Others v Oak Valley Estates (Pty) Limited and Another[2022] ZACC 7 · Right to strike — final interdict — leave to appeal is granted — interdictory relief is only competent if respondents are linked to the actu... Constitutional Court

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.