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Case law by topic

Judgments on attorney

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

Handed downJudgmentCourt
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
17 Jan 2025 Kidrogen RF (Pty) Ltd v Erasmus and Others[2025] ZASCA 3 · Arbitration – extension of time in terms of section of the Arbitration Act of 1965 – applicability, proper approach and relevant considerati... Supreme Court of Appeal
15 Jan 2025 MEC for Health Eastern Cape v AS obo SS[2025] ZASCA 2 · Civil procedure – uniform rule 49 – condonation and reinstatement of appeal – discretion to condone not exercised judicially - delict – medi... Supreme Court of Appeal
30 Dec 2024 MEC for Health, Gauteng v Dr Regan Solomons[2024] ZASCA 184 · Practice and procedure – subpoena duces tecum – cause of action ceased to exist before judgment at first instance – court not entitled to pr... Supreme Court of Appeal
20 Dec 2024 Charnelle Commando and Others v City of Cape Town and Another[2024] ZACC 27 · Gentrification — eviction — temporary emergency accommodation — inner city Spatial apartheid — unconstitutional — progressive realisation —... Constitutional Court
19 Dec 2024 Glencore Operations South Africa (Pty) Limited and Others v Master of the High Court, Northwest and Others[2024] ZASCA 179 Supreme Court of Appeal
13 Dec 2024 Siyabonga Gugulethu Galela (Ex Parte Application) (1294/2023[2024] ZASCA 176 · Admission as a legal practitioner – explanation required on failure to attach degree certificates – insufficient disclosure on directorship... Supreme Court of Appeal
12 Dec 2024 Sabdia N O and Another v Soma and Another[2024] ZASCA 174 · Administration of deceased estate – s 51(1)(a) of Administration of Estates Act of 1965 – freedom of testation – review in terms of rule of... Supreme Court of Appeal
11 Dec 2024 Smith v The Legal Practitioners’ Fidelity Fund Board[2024] ZASCA 170 · The Attorneys Act of 1979 – whether funds were ‘entrusted’, as contemplated in s 26(a) of the Attorneys Act – applicability of s 47(1)(g) –... Supreme Court of Appeal
4 Nov 2024 Mluleki Martin Chithi and Others v Minister of Rural Development and Land Reform and Others (1203/2021, 1334/2021 & 261/2022)[2024] ZASCA 149 · Land claims – restitution of land – Restitution of Land Rights Act of 1994 – claim for restitution of land on grounds of being a ‘community’... Supreme Court of Appeal
25 Oct 2024 & 0026A/24EC Umkhonto Wesizwe Political Party v The Electoral Commission of South Africa and Others[2024] ZAEC 26 · Uniform Rule 41 – Withdrawal after set-down – Judicial discretion in awarding punitive costs – Exceptional circumstances justifying punitive... Electoral Court
25 Oct 2024 Pringle v Mailula[2024] ZASCA 146 · Protection from Harassment Act of 2011 (the Act) – whether the magistrates’ court had powers to consider new evidence in terms of ss 9(2) an... Supreme Court of Appeal
23 Oct 2024 Grancy Property Limited and Another v Dines Chandra Manilal Gihwala and Others[2024] ZASCA 144 · Contract – breach – failure to acquire additional shares – disposal of shares – quantification of damages – whether highest intermediate val... Supreme Court of Appeal
9 Oct 2024 Swanepoel N.O. (Executor in the Estate Late Mignon Adelia Steyn) v Profmed Medical Scheme[2024] ZACC 23 · Medical Schemes Act 131 of 1998 — substitution — transmissibility of right to just administrative action — procedural fairness — material no... Constitutional Court
2 Oct 2024 Scholtz & Another v De Kock NO & Others[2024] ZASCA 132 · Deceased estate – whether executrix bears duty to account to beneficiaries for deceased’s monies disbursed during the deceased’s lifetime. F... Supreme Court of Appeal
1 Oct 2024 The Public Protector of South Africa v The Chairperson of the Section 194(1) Committee and Others[2024] ZASCA 131 · Uniform rule 15 – applies to change of status not change of persona – finds no application in the high court after judgment or the supreme c... Supreme Court of Appeal
17 Sep 2024 MEC for Economic Development, Gauteng and Another v Sibongile Vilakazi and Others[2024] ZASCA 126 · Civil procedure – whether requirements for interim interdict satisfied – appealability of interim order – order has final effect and dispose... Supreme Court of Appeal
13 Sep 2024 Herold Gie & Broadhead Inc v Harris N O and Others[2024] ZASCA 125 · Statutory interpretation – s 6(4) of the Housing Development Schemes for Retired Persons Act of 1988 (HDSA) does not provide basis for a cla... Supreme Court of Appeal
24 Jul 2024 Botha v Botha[2024] ZASCA 116 · Leave to appeal – referred for oral argument – special leave granted – divorce – variation of a settlement agreement made a court order – wh... Supreme Court of Appeal
24 Jul 2024 De Kock v Du Plessis and Others[2024] ZASCA 117 · Eviction – Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998 (the PIE Act) – defence – right to occupation in... Supreme Court of Appeal
12 Jul 2024 Minister of Rural Development and Land Reform v Land and Agricultural Bank of South Africa[2024] ZACC 14 · Prevention of Organised Crime Act 121 of 1998 — civil recovery of property under Chapter 6 — competing claims for exclusion of “interest” in... Constitutional Court
4 Jul 2024 IRD Global Limited v The Global Fund to fight AIDS, Tuberculosis and Malaria[2024] ZASCA 109 · Civil procedure – interim interdictory relief – jurisdiction – alleged defamatory statement published on the Internet accessed in South Afri... Supreme Court of Appeal
21 Jun 2024 Eamonn Courtney v Izak Johannes Boshoff NO & Others[2024] ZASCA 104 · Insolvency law — order of final sequestration not preceded by provisional order — order not a nullity — valid until set aside by a court of... Supreme Court of Appeal
13 Jun 2024 KSL v AL[2024] ZASCA 96 · Civil procedure – anti-dissipation interdict – whether requirements for an interim anti-dissipation interdict are satisfied – whether intent... Supreme Court of Appeal
12 Jun 2024 Pitso and Others v Chabeli Molatoli Attorneys Incorporated[2024] ZASCA 94 · Agency and representation – at common law a mandate is in general terminable at the will of the principal – requirements of final interdict... Supreme Court of Appeal
10 Jun 2024 Edward Nathan Sonnenberg Inc v Hawarden[2024] ZASCA 90 · Delictual claim – claim for pure economic loss caused by omission – wrongfulness – risk of indeterminate liability – vulnerability to risk –... Supreme Court of Appeal
31 May 2024 City of Ekurhuleni Metropolitan Municipality In re: Unlawful Occupiers: 1 Argyl Street and Others v Rohlandt Holdings CC and Others[2024] ZACC 10 · Prenuptial agreement — providing for maintenance — pleaded as unspecified donation — Divorce Act 70 of 1979 — section 7 — not triggered Pren... Constitutional Court
28 May 2024 City of Ekurhuleni Metropolitan Municipality v Tshepo Gugu Trading CC and Another[2024] ZASCA 81 · Property law – spoliation (mandament van spolie) requirements – municipality dismantling and removing respondent’s billboard on municipal la... Supreme Court of Appeal
27 May 2024 Snowy Owl Properties 284 (Pty) Ltd and Others v Mziki Share Block Limited[2024] ZASCA 79 · Interdict – infringement of rights conferred by servitude - appeal against a final order – defences raised against grant of the interdict de... Supreme Court of Appeal
8 May 2024 Maritz v The State[2024] ZASCA 72 · Recusal application – refusal by a judge to recuse herself before sentencing in a criminal trial – onus rests on the appellant to discharge,... Supreme Court of Appeal
6 May 2024 Minister of Police v Miya[2024] ZASCA 71 Supreme Court of Appeal
18 Apr 2024 MM obo GM v Member of the Executive Council for the Department of Health, North West Province[2024] ZASCA 52 · Delict – medical negligence – transmissibility of damages to parent on death of minor child. Death of child not reported to Master – effect... Supreme Court of Appeal
17 Apr 2024 Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission and Another[2024] ZACC 3 · Competition Act 89 of 1998 — Rules for the Conduct of Proceedings in the Competition Commission — standard of review in special statutory re... Constitutional Court
8 Apr 2024 National Department of Public Works v Fani and 77 Others [Collectively referred to as “Residents of Farm Greydel (Airport Park)”] and Another[2024] ZASCA 43 · Condonation – lapsed appeal – late filing of record and heads of argument – delay not fully explained and prospects of success remote – cond... Supreme Court of Appeal
9 Feb 2024 Cohen v Absa Bank Limited[2024] ZASCA 16 · Insolvency law – Interpretation – s 31(2) read with s of the Insolvency Act of 1936 – whether a surety has locus standi to invoke s 31(2) to... Supreme Court of Appeal
12 Jan 2024 BP Southern Africa (Pty) Ltd v Commissioner for the South African Revenue Service[2024] ZASCA 2 · Tax law – Customs and Excise – interim interdict – requirements restated – demand by Commissioner for the South African Revenue Service – am... Supreme Court of Appeal
18 Dec 2023 Pieter Paul Le Roux and Another v Johannes G ` Coetzee and Seuns and Another[2023] ZACC 46 · Prescription Act 68 of 1969 — section 12(3) — clients’ professional negligence claim against legal practitioner — knowledge of facts may inc... Constitutional Court
18 Dec 2023 Hough & Bremner and Another v The Road Accident Fund[2023] ZASCA 179 · Civil procedure and practice – Contingency Fees Agreement Act of 1997 – high court finding that the fees agreement concluded between the app... Supreme Court of Appeal
12 Dec 2023 Ditsoane v ACWA Power Africa Holdings (Pty) Ltd[2023] ZACC 44 · Notice of withdrawal of case — filed without client’s authority — ratification and ostensible authority not proved Labour Court – revival of... Constitutional Court
5 Dec 2023 Danny Joseph Sibiya and Others v Road Accident Fund[2023] ZASCA 171 · Practice and procedure – Contingency Fees Act of 1997 – whether the high court ruling met the benchmark of fairness, rationality and reasona... Supreme Court of Appeal
5 Dec 2023 De Klerk v The State[2023] ZASCA 172 · Criminal law and procedure – appeal – appeal to the Supreme Court of Appeal against the refusal of a petition in the high court seeking leav... Supreme Court of Appeal
1 Dec 2023 Islandsite Investments 180 (Pty) Ltd v National Director of Public Prosecutions and Others[2023] ZASCA 166 · Company Law –– restraint order under the Prevention of Organised Crime Act 121 of 1998 – authority to represent company in business rescue –... Supreme Court of Appeal
1 Dec 2023 Legal Practice Council v Bulelani Rubushe[2023] ZASCA 167 · Legal Practitioner – misconduct involving dishonesty – striking from the roll appropriate remedy – court a quo making material misdirection... Supreme Court of Appeal
1 Dec 2023 Pasiya and Others v Lithemba Mining (Pty) Ltd and Others (206/2022) and Pasiya and Others v Lithemba Mining (Pty) Ltd and Others[2023] ZASCA 169 · Declaratory relief – when competent under s 21(1)(c) of Superior Courts Act of 2013 – company law – whether resolutions to increase authoris... Supreme Court of Appeal
14 Nov 2023 Robert Andrew Groves v The Minister of Police and Another[2023] ZACC 36 · Section 43 of the Criminal Procedure Act discretion – warrant of arrest – discretion of arresting officer Constitutional Court
8 Nov 2023 Majope and Others v The Road Accident Fund[2023] ZASCA 145 · Default judgment against the RAF – whether an attorney and client fee agreement should be incorporated in a court order – a court is not ent... Supreme Court of Appeal
2 Nov 2023 The Body Corporate of Marsh Rose v Steinmuller and Others[2023] ZASCA 143 · Property law – Sectional Titles Act of 1986 – reliance on transfer registration embargo established in terms of s 15B(3)(a)(i)(aa) of the Se... 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
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
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

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.