712 judgments on file that touch costs, newest first, each with the court's own file.
| Handed down | Judgment | Court |
|---|---|---|
| 30 Oct 2023 | Fleet Africa (Pty) Limited v Polokwane Local Municipality[2023] ZASCA 142 · Contract law – jurisdiction – Superior Courts Act of 2013 – whether the parties explicitly agreed that a particular high court would have ex... | 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 |
| 25 Oct 2023 | Ba-Gat Motors CC t/a Gys Pitzer Motoring and Another v Kempster Sedgwick (Pty) Ltd[2023] ZASCA 137 · Summary judgment – non-variation clause – oral agreement alleged – application of the Shifren principle and estoppel. | Supreme Court of Appeal |
| 25 Oct 2023 | Emalahleni Local Municipality v Lehlaka Property Development (Pty) Ltd[2023] ZASCA 138 · Civil law and procedure – practice – joinder – no public law relationship between private landowner and unlawful occupiers – notion of a ‘sp... | Supreme Court of Appeal |
| 11 Oct 2023 | M M v MEC for Health; Eastern Cape[2023] ZASCA 130 · Delict – medical negligence – damages – claim for damages arising out of alleged medical negligence of hospital staff- whether the hospital... | 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 |
| 3 Oct 2023 | Sasol Chevron Holdings Limited v Commissioner for the South African Revenue Service[2023] ZACC 30 · Promotion of Administrative Justice Act 3 of 2000 (PAJA) — delay in instituting application for review — section 7(1) of PAJA — 180-day peri... | Constitutional Court |
| 3 Oct 2023 | Nu Africa Duty-Free Shops (Pty) Limited v Minister of Finance and Others CCT29/22,[2023] ZACC 31 | Constitutional Court |
| 29 Sep 2023 | The Commissioner for the South African Revenue Service v Absa Bank Limited and Another[2023] ZASCA 125 · Tax law – General Anti-Avoidance Provisions – legality review of refusal to withdraw a notice issued in terms of s 80J of Income Tax Act - s... | Supreme Court of Appeal |
| 29 Sep 2023 | Golden Core Trade and Invest (Pty) Ltd v Merafong City Local Municipality and Another[2023] ZASCA 126 · Administrative law – delay – legality review– reactive challenge – s 8(9) of the Water Services Act 108 of 1977 – whether the high court err... | Supreme Court of Appeal |
| 28 Sep 2023 | Integrity Forensic Solutions CC v Amajuba District Municipality[2023] ZASCA 124 · Contract – whether proved that contracting parties reached consensus on terms of agreement – narrow factual issue determined at trial – appe... | Supreme Court of Appeal |
| 20 Sep 2023 | KGA Life Limited v Multisure Corporation (Pty) Ltd and Others (with Funeral Federation of South Africa intervening as Amicus Curiae[2023] ZASCA 122 · Funeral Group Scheme – termination of contract between intermediary and insurer – Insurance Act of 2017 (the 2017 Act) – effect on contract,... | Supreme Court of Appeal |
| 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 |
| 24 Aug 2023 | Mncwabe v President of the Republic of South Africa and Others And Mathenjwa v President of the Republic of South Africa and Others (Consolidated matters)[2023] ZACC 29 · National Prosecuting Authority Act 32 of 1998 — sections 12, 13(1) and 14(3) — Appointments in National Prosecuting Authority — Functus offi... | Constitutional Court |
| 21 Aug 2023 | Rand Refinery Limited v Sehunane N.O. and Others[2023] ZACC 28 · Section 34 of the Bill of Rights — Labour Court deciding case without reference to answering affidavit — fundamental right of access to cour... | Constitutional Court |
| 15 Aug 2023 | Koch & Kruger Brokers CC and Another v Financial Sector Conduct Authority and Others[2023] ZACC 27 · Section 34 of Bill of Rights — separated issue — High Court allegedly straying beyond separated issue — separated issue misconceived | Constitutional Court |
| 3 Aug 2023 | De Graaf NO v Camilleri (5652022)[2023] ZASCA 117 · Family law – divorce – interpretation and enforceability of clauses of a consent paper concluded by ex-spouses governing the ex-wife’s entit... | Supreme Court of Appeal |
| 2 Aug 2023 | Mudau v Municipal Employees Pension Fund and Others[2023] ZACC 26 · Pension Funds Act 24 of 1956 — section 12 — amendment of rules — pension fund may not apply retrospective rule amendment prior to registrati... | Constitutional Court |
| 31 Jul 2023 | Municipal Gratuity Fund v The Pension Funds Adjudicator and Another (Case no 3642022)[2023] ZASCA 116 · Pension Fund Act of 1956 – whether the Pension Funds Adjudicator had jurisdiction to consider a complaint by a claimant who lodged their com... | Supreme Court of Appeal |
| 13 Jul 2023 | Democratic Alliance v Public Protector and Others; President of the Republic of South Africa v Public Protector and Others CCT251/22,[2023] ZACC 25 · Section 194 of the Constitution — suspension of the Public Protector — Apprehension of bias — Sub judice rule — conflict of interest | Constitutional Court |
| 12 Jul 2023 | South African Council of Educators v Deon Scheepers and Others[2023] ZACC 23 · South African Council of Educators — professional discipline | Constitutional Court |
| 12 Jul 2023 | Organisation Undoing Tax Abuse v Minister of Transport and Others[2023] ZACC 24 · Constitutional validity — Concurrent legislative competences — Schedule 4 and Schedule 5 of the Constitution — Road traffic infringement Adm... | Constitutional Court |
| 3 Jul 2023 | Stay At South Point Properties (Pty) Ltd v Mqulwana and Others (UCT intervening as amicus curiae)[2023] ZASCA 108 · Eviction – applicability of the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998 (PIE) to s... | Supreme Court of Appeal |
| 29 Jun 2023 | VJV and RT v Minister of Social Development and Another[2023] ZACC 21 · Children’s Act 38 of 2005 — constitutionality of section 40 — section is unconstitutional to the extent that it excludes permanent life part... | Constitutional Court |
| 29 Jun 2023 | Centre for Child Law v Schutte and Others[2023] ZACC 22 · Section 4 of the Mediation in Certain Divorce Matters Act 24 of 1987 — unfair discrimination — parental rights –– unmarried parents | Constitutional Court |
| 28 Jun 2023 | Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited[2023] ZACC 20 · [Interpretation of contracts] — [Exemption clauses] — [Exclusion of liability] — [Public Policy] | Constitutional Court |
| 26 Jun 2023 | South African Iron and Steel Institute v Fertilizer Association of South Africa and Others[2023] ZACC 18 · [National Environmental Management Laws Amendment Act 2 of 2022] — [sections 59(1)(a) and 72(1)(a) the Constitution] — [constitutional oblig... | Constitutional Court |
| 26 Jun 2023 | Advertising Regulatory Board NPC and Others v Bliss Brands (Pty) Limited[2023] ZACC 19 | Constitutional Court |
| 23 Jun 2023 | Independent Outdoor Media (Pty) Ltd v The Body Corporate of Overbeek Building and others[2023] ZACC 17 · Declaration of constitutional invalidity — Section 29(8) of the National Building Regulations and Building Standards Act 103 of 1977 — Minis... | Constitutional Court |
| 12 Jun 2023 | Beneyam Deselegn Ashebo v Minister of Home Affairs and Others[2023] ZACC 16 · Section 12(1) of the Constitution — principle of non-refoulement — section 49(1) and 34 of the Immigration Act 13 of 2002 — illegal foreigne... | Constitutional Court |
| 9 Jun 2023 | Makana People’s Centre v Minister of Health & Others[2023] ZACC 15 · Mental Health Care Act 17 of 2002 — sections 33-4 — statutory regime for involuntary admission and treatment — constitutional validity — sec... | Constitutional Court |
| 31 May 2023 | East Rand Member District of Chartered Accountants and Another v Independent Regulatory Board for Auditors and Others (1132022)[2023] ZASCA 81 · Application for leave to appeal – referral to oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – Mandatory Audit Firm... | Supreme Court of Appeal |
| 31 May 2023 | The Commissioner for The South African Revenue Service v Free State Development Corporation[2023] ZASCA 84 · Application by taxpayer to withdraw statement of grounds of appeal and file amended statement – Tax Court granting order – test for appealab... | Supreme Court of Appeal |
| 30 May 2023 | Ezulwini Mining Company (Pty) Ltd v Minister of Mineral Resources and Energy and Others[2023] ZASCA 80 · Environmental Law – mining – whether mine operator has a continuing obligation to pump extraneous water from underground mining area notwith... | Supreme Court of Appeal |
| 29 May 2023 | Pretorius v Agricultural Research Council[2023] ZASCA 76 · Law of contract – lease of farm – agreement allowing renewal provided lessee not in default of its terms – purported renewal by lessee whils... | Supreme Court of Appeal |
| 29 May 2023 | Media 24 (Pty) Ltd v Nhleko & Another[2023] ZASCA 77 · Civil procedure - application for leave to amend plea - dismissal based on wrong principles of law - appeal upheld. ________________________... | Supreme Court of Appeal |
| 29 May 2023 | Dhlamini v Schumann, Van den Heever & Slabbert Inc and Others[2023] ZASCA 79 · Civil procedure – Appeal – whether the appeal should be dismissed for mootness – s 16(2)(a) of the Superior Courts Act of 2013 – relief soug... | Supreme Court of Appeal |
| 17 May 2023 | Oaker and Others v Kriel NO (118/2021); Rockland Group Holdings (Pty) Ltd v Kriel NO and Others[2023] ZASCA 68 · Curatorship – s of the Financial Institutions (Protection of Funds) Act of 2001 (Protection of Funds Act) – bewind trusts and their fund man... | Supreme Court of Appeal |
| 5 May 2023 | Magwala v Chief Sinthumule and Others (Case no 7442021)[2023] ZASCA 62 · Application for special leave – referral for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – Customary Law – tradi... | Supreme Court of Appeal |
| 5 May 2023 | TWK Agriculture Holdings (Pty) Ltd v Hoogveld Boerderybeleggings (Pty) Ltd and Others[2023] ZASCA 63 · Appealability – dismissal of an exception – doctrine of finality – interests of justice – precedent. | Supreme Court of Appeal |
| 3 May 2023 | Minister of Police v Gqamane[2023] ZASCA 61 · Civil procedure – unlawful arrest and detention – arrest in terms of ss 40(1)(b) and 40 (1)(q) of Criminal Procedure Act of 1977 – assault w... | Supreme Court of Appeal |
| 28 Apr 2023 | Louis N O and Others v Fenwick N O and Others (5982021)[2023] ZASCA 59 · Company law – business rescue – binding offer in terms of s 153(1)(b)(ii) of the Companies Act of 2008 rejected – consequences of – interpre... | Supreme Court of Appeal |
| 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 |
| 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 |
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.