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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
28 Feb 2022 National Education, Health and Allied Workers Union v Minister of Public Service and Administration and others CCT 21/21 ; National South African Democratic Teachers Union and Others v Department of Public Service and Administration and Others CCT 28/21;[2022] ZACC 6 · Sections 213, 215 and 216 of the Constitution — regulations 78 and 79 of the Public Service Regulations — collective bargaining Leave to app... Constitutional Court
17 Feb 2022 Mineral Sands Resources Propriety Limited and Another v Christine Reddell and Others[2022] ZACC 37 · Defamation — abuse of process — SLAPP suit defence — ulterior purpose — consideration of the merits Constitutional Court
16 Feb 2022 Minister of Finance v Afribusiness NCP[2022] ZACC 4 · Section 217 of the Constitution — Preferential Procurement Policy Framework Act 5 of 2000 — Preferential Procurement Regulations, 2017 Minis... Constitutional Court
16 Feb 2022 South African Human Rights Commission on behalf of South African Jewish Board of Deputies v Masuku and Another (South African Holocaust and Genocide Foundation, Psychological Society of South Africa, Freedom of Expression Institute...[2022] ZACC 5 · Application for recusal — reasonable apprehension of bias — grounds for recusal not met Promotion of Equality and Prevention of Unfair Discr... Constitutional Court
15 Feb 2022 Municipal Manager: OR Tambo District Municipality v Nosipho Portia Ndabeni[2022] ZACC 3 · Local Government Municipal Systems Act 32 of 2000 — section 66(1) — section 66(3) and (5) — nullity of a court order — court orders are bind... Constitutional Court
4 Feb 2022 Speaker of the National Assembly v Public Protector and Others and Democratic Alliance v Public Protector and Others[2022] ZACC 1 · Section 194 of the Constitution — rules of the National Assembly — removal of a Chapter 9 institution office-bearer Separation of powers — a... Constitutional Court
31 Dec 2021 Jane Bwanya v The Master of the High Court, Cape Town[2021] ZACC 51 Constitutional Court
30 Dec 2021 Desta Abore v Minister of Home Affairs and Another[2021] ZACC 50 · Refugees Act 130 of 1998 — applicability of provisions of the Refugees Amendment Act 11 of 2017 — date of intention to apply for asylum — pr... Constitutional Court
30 Dec 2021 Post Office Retirement Fund v South African Post Office SOC Ltd and Others[2021] ZASCA 186 · Posts and Telecommunications-Related Matters Act of 1958 – rules of Post Office Retirement Fund (the Fund) – rule requires the South African... Supreme Court of Appeal
13 Dec 2021 Burger N.O. and Others v Bester N.O. and Others[2021] ZACC 48 · Power of a single trustee to conclude loan agreement on trust’s behalf — use of trust to channel funds to company — factual disputes — no ar... Constitutional Court
13 Dec 2021 Bester N.O. and Others v Quintado 120 (Pty) Ltd[2021] ZACC 49 · Liquidation — factual enquiry — directing mind of the company test — misapplication of legal test — no jurisdiction Constitutional Court
10 Dec 2021 National Union of Metal Workers of South Africa v Commission for Conciliation Mediation and Arbitration and Others[2021] ZACC 47 · Labour Law — Collective bargaining — Bargaining councils — Dispute about demarcation between sectors and areas — Section 62 of the LRA Demar... Constitutional Court
10 Dec 2021 DPP, Pretoria v Zulu[2021] ZASCA 174 · Sentence – Appeal by the State in terms of s 311(1) of the Criminal Procedure Act 105 of 1977 – whether the issue raised is a question of la... Supreme Court of Appeal
9 Dec 2021 Malan v Die Gerhard Labuschagne Familie Trust & Another[2021] ZASCA 171 · Sale – immovable property – subdivision of Remainder approved by Surveyor-General – option to purchase one of the proposed subdivisions – op... Supreme Court of Appeal
9 Dec 2021 Minister of Police v Shawn Bosman & Others[2021] ZASCA 172 · Criminal law and procedure – Criminal Procedure Act of 1977 – sections 40(1)(b), (f) and (h) – unlawful arrest and detention – whether the r... Supreme Court of Appeal
9 Dec 2021 Rajkumar Tahilram v Trustees of the Lukamber Trust and Another[2021] ZASCA 173 · Sale – price – to be fixed by third party’s valuation – subject to limited exceptions and in the absence of agreement to the contrary or wai... Supreme Court of Appeal
3 Dec 2021 Nongogo v The State[2021] ZASCA 166 · Criminal law and procedure – conviction of murder and conspiracy to commit murder – whether the court a quo erred in convicting the appellan... Supreme Court of Appeal
3 Dec 2021 The Clicks Group Ltd and Others v The Independent Community Pharmacy Association and Others[2021] ZASCA 167 · Pharmacy Act of 1974 (the Act) – regulation 6(d) of the Regulations relating to Ownership and Licencing of Pharmacies – beneficial interest... Supreme Court of Appeal
3 Dec 2021 Masako v Masako & Another[2021] ZASCA 168 · Locus standi – whether an attorney requires authority from client to depose to an affidavit – distinction between right to institute proceed... Supreme Court of Appeal
3 Dec 2021 Selota v SALPC[2021] ZASCA 169 · Appeal – appellant sought a declarator that he was entitled to Fidelity Fund certificate for 2019 – decision would have no practical effect... Supreme Court of Appeal
19 Nov 2021 Phillipa Susan Van Zyl N.O v Road Accident Fund[2021] ZACC 44 · Road Accident Fund Act 56 of 1996 — section 23(1) — section 23(2)(b) and (c) — prescription of claim against the Road Accident Fund — claima... Constitutional Court
12 Nov 2021 Union for Police, Security and Corrections Organisation v South African Custodial Management (Pty) Limited and Others[2021] ZACC 41 Constitutional Court
12 Nov 2021 Association for Mineworkers and Construction Union and Others v Anglo Gold Ashanti Limited and Others[2021] ZACC 42 · Section 66(2)(c) of the Labour Relations Act 66 of 1995 — lawfulness of secondary strikes — section 66(2) imports a proportionality assessme... Constitutional Court
12 Nov 2021 Mphephu-Ramabulana and Another v Mphephu and Others[2021] ZACC 43 · Traditional affairs — Leadership of Royal Family — Presidential decision to recognise traditional leader Traditional Leadership and Governan... Constitutional Court
9 Nov 2021 Shiva Uranium (Proprietary) Limited and Another v Mahomed Mahier Tayob and Others[2021] ZACC 40 · Companies Act 71 of 2008 — business rescue — practitioner appointed in terms of section 130(6)(a) — resignation — section 139(3) — company t... Constitutional Court
8 Nov 2021 Alias Mtolo and Another v Theunis Christoffel Lombard and Others[2021] ZACC 39 Constitutional Court
5 Nov 2021 Kgabagare David Langa v The Premier of the Limpopo Province[2021] ZACC 38 Constitutional Court
27 Oct 2021 & 782/2019 R H Christie Incorporated v Taxing Master – Supreme Court of Appeal[2021] ZASCA 152 Supreme Court of Appeal
22 Oct 2021 The Residents of Industry House and Others v The Minister of Police and Others[2021] ZACC 37 · South African Police Service Act 68 of 1995 — constitutionality of section 13(7)(c) — order of constitutional invalidity confirmed — right t... Constitutional Court
19 Oct 2021 Mlungisi Wellington Booi v Amathole District Municipality and Others[2021] ZACC 36 · Labour Relations Act 66 of 1995 — remedy of reinstatement — section 193(2)(b) demands that intolerability of continued employment relationsh... Constitutional Court
15 Oct 2021 Competition Commission of South Africa v Mediclinic Southern Africa (Pty) Ltd and Another[2021] ZACC 35 · section 12A of the Competition Act 89 of 1998 — substantial lessening of competition — impact of a merger on competition —impact on section... Constitutional Court
11 Oct 2021 12/8/0020425) and Others[2021] ZASCA 144 · Application for interim interdict – whether requirements for interim order were met – whether the appellant should have brought a separate p... Supreme Court of Appeal
4 Oct 2021 Premier, Gauteng and Others v Democratic Alliance and Others; African National Congress v Democratic Alliance and Others[2021] ZACC 34 · Section 139(1) of the Constitution — dissolution — exceptional circumstances — 14(4) of Schedule 1 of the Local Government: Municipal System... Constitutional Court
29 Sep 2021 Pick ’n Pay Retailers (Pty) Ltd v Pillay[2021] ZASCA 125 · Negligence – foreseeability of harm – failure to guard against – shopper injured when struck by automated boom gate – exit of parking area f... Supreme Court of Appeal
28 Sep 2021 Former Way Trade and Ivest (Pty) Limited v Bright Idea Projects 66 (Pty) Limited t/a All Fuels and Another[2021] ZACC 33 · Petroleum Products Act 120 of 1977 — section 12B of the Petroleum Products Act does not oust the High Court’s jurisdiction — referral of a f... Constitutional Court
23 Sep 2021 Traxys Africa Holdings Ltd and Another v Westbrook Resources Ltd[2021] ZASCA 122 · Partly oral and partly written agreements – whether the terms of the oral parts of the agreements included an obligation on the part of the... Supreme Court of Appeal
23 Sep 2021 Luhlwini Mchunu Community v Hancock and Others[2021] ZASCA 123 · Civil procedure – application for leave to appeal referred for oral argument in terms of s 17(2)(f) of Superior Courts Act of 2013 – costs o... Supreme Court of Appeal
23 Sep 2021 Somali Association of South Africa and Others v The Refugee Appeal Board and Others[2021] ZASCA 124 · Applications for refugee status – duty on decision-maker to assist asylum seeker to obtain as full a picture as possible on which to predica... Supreme Court of Appeal
22 Sep 2021 Centre For Child Law v Director-General Dept of Home Affairs and Others[2021] ZACC 31 · Births and Deaths Registration Act 51 of 1992 — constitutionality of section 10 — section is unconstitutional Section 9 of the Constitution... Constitutional Court
22 Sep 2021 Chairperson of the Council of the University of South Africa and Others v Afriforum NPC[2021] ZACC 32 · University language policy — phasing out of Afrikaans as a language of teaching and learning — limitation of section 29(2) of the Constituti... Constitutional Court
17 Sep 2021 Jacob Gedleyihlekisa Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture & Others [Rescission Application][2021] ZACC 28 · Rescission — urgent application — direct access — rule 42 of the Uniform Rules of Court and common law of rescission Res judicata — functus... Constitutional Court
9 Sep 2021 Jugwanth v MTN[2021] ZASCA 114 Supreme Court of Appeal
7 Sep 2021 Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Limited[2021] ZACC 26 · Appeal from the Labour Court — costs — no reasons from the Labour Court for departure from the general rule that costs do not follow the res... Constitutional Court
6 Sep 2021 Director of Public Prosecutions Western Cape v Lee Nigel Tucker[2021] ZACC 25 · Section 10 of the Extradition Act 67 of 1962 — magistrate’s powers — extradition enquiry Leave to appeal dismissed — magistrate is entitled... Constitutional Court
30 Jul 2021 Qwelane v South African Human Rights Commission and Another[2021] ZACC 22 · Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 — constitutionality of section 10(1) — section 10(1) is unconsti... Constitutional Court
23 Jul 2021 Minister of Water and Sanitation v Sembcorp Size Water (Pty) Ltd and Another[2021] ZACC 20 · Appeal from Labour Appeal Court — unfair labour practice — quantification of back pay — insufficient information before Labour Court — mater... Constitutional Court
6 Jul 2021 Crompton Motors CC v Bright Idea Projects (66) (Pty) Ltd[2021] ZACC 24 · Petroleum Products Act 120 of 1977 — Section 6 of the Arbitration Act 42 of 1965 — stay of proceedings — referral to statutory arbitration —... Constitutional Court
1 Jul 2021 Minister of Cooperative Governance and Traditional Affairs v De Beer and Another[2021] ZASCA 95 Supreme Court of Appeal
29 Jun 2021 Secretary of the Judicial Commission of inquiry into Allegation of State Capture, Corruption and Fraud In the Public Sector Including Organ of State v Jacob Gedleyihlekisa Zuma[2021] ZACC 18 · Rule of law — judicial integrity — vindicating the honour of courts Contempt of court — urgent application — direct access — duty to comply... Constitutional Court
29 Jun 2021 The Public Protector v The President of the Republic of South Africa and Others[2021] ZACC 19 · Executive Members’ Ethics Act 82 of 1998 — direct appeal — Public Protector Act 23 of 1994 —CR17 donations —complaints under the Code — pers... 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.