386 judgments on file that touch evidence, newest first, each with the court's own file.
| Handed down | Judgment | Court |
|---|---|---|
| 28 Oct 2024 | Du Preez N O v The Member of the Executive Council for Health of the Eastern Cape Province[2024] ZASCA 147 · Reconsideration of application for leave to appeal – s 17(2)(f) of the Superior Courts Act of 2013 – whether exceptional circumstance exists... | Supreme Court of Appeal |
| 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 | Transasia 444 (Pty) Ltd v The Minister of Mineral Resources and Energy and Others (702/2023) & Transasia Minerals (SA) (Pty) Ltd v The Minister of Mineral Resources and Energy and Others[2024] ZASCA 145 · Failure to cite party with direct and substantial interest in application to compel disclosure of records held by the Director-General of th... | Supreme Court of Appeal |
| 21 Oct 2024 | Democratic Alliance v Ramaphosa and Others[2024] ZAEC 24 · Electoral irregularities – undue influence and abuse of power to influence the conduct and outcome of elections – Item 9(2)(e) of the Electo... | Electoral Court |
| 21 Oct 2024 | Elmir Property Projects (Pty) Ltd t/a Elmir and Another v Bankenveld Homeowners Association (Pty) Ltd (522/2023 and 524/2023)[2024] ZASCA 141 · Town-Planning and Townships Ordinance of 1986 (the Ordinance) – township establishment conditions imposed by municipality in terms of s of t... | Supreme Court of Appeal |
| 17 Oct 2024 | Polovin v The Director of Public Prosecutions and Others[2024] ZASCA 140 · Criminal law and procedure – private prosecution – review – whether leave to appeal should be granted in terms of s 17(2)(b) read with s 17(... | Supreme Court of Appeal |
| 16 Oct 2024 | Naraidu v The State[2024] ZASCA 139 · Criminal law – Tax practitioner – claim for a refund under the Value- Added Tax Act of 1991 (the VAT Act) – fraud – intent to defraud – know... | Supreme Court of Appeal |
| 11 Oct 2024 | Minister of Police v Nontsele[2024] ZASCA 137 · Appeals – whether the court may consider a cross-appeal in the absence of an application for leave to cross-appeal. Delict – damages for mal... | 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 |
| 8 Oct 2024 | Coughlan N O v Health Professions Council of South Africa & Others[2024] ZASCA 135 · Road Accident Fund Tribunal (the Tribunal) – whether the powers conferred on the Tribunal are limited to determining the seriousness of the... | Supreme Court of Appeal |
| 3 Oct 2024 | President of the Republic of South Africa and Others v Wezizwe Feziwe Sigcau and Others[2024] ZACC 21 · Admin law — Commission committed no error of law or fact —No basis to review the Commission’s findings — Customary law — Commission sufficie... | Constitutional Court |
| 2 Oct 2024 | Thistle Trust v Commissioner for the South African Revenue Service[2024] ZACC 19 · Income Tax Act 58 of 1962 — Section 25B — Section 26A — conduit principle — capital gains tax — beneficiaries Tax Administration Act 28 of 2... | Constitutional Court |
| 2 Oct 2024 | Greater Tzaneen Municipality v Bravospan 252 CC[2024] ZACC 20 · Compensation for services delivered pursuant to an unlawful tender process — court not placed in a position to decide substantive basis for... | 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 |
| 2 Oct 2024 | The Prudential Authority v Dlamini and Another[2024] ZASCA 133 · Provisional sequestration order sought on the grounds of s and s of the Banks Act of 1990 – prima facie proof of non-compliance with the Pru... | Supreme Court of Appeal |
| 1 Oct 2024 | Jooste NO and Another v Pretorius and Others[2024] ZASCA 130 · Law of trusts – removal of trustee – provision in trust deed empowering trustees to adopt resolution forcing trustee to resign – subject to... | Supreme Court of Appeal |
| 26 Sep 2024 | Shongwe v The State[2024] ZASCA 127 · Murder – robbery with aggravating circumstances – whether murder premeditated – whether appellant wrongly convicted of robbery with aggravat... | Supreme Court of Appeal |
| 24 Jul 2024 | Commissioner for the South African Revenue Service v Tunica Trading 59 (Pty) Ltd[2024] ZASCA 115 · Administrative Law – review of Commissioner’s decision refusing refund of excise duty and fuel levy – Customs and Excise Act of 1964 (the Ac... | Supreme Court of Appeal |
| 17 Jul 2024 | Chief Avhatendi Ratshibvumo Rambuda and Others v Tshibvumo Royal Family and Others[2024] ZACC 15 · Limpopo Traditional Leadership and Institutions Act 6 of 2005 — interpretation of section 12(2) — authority to identify a new headman or hea... | Constitutional Court |
| 12 Jul 2024 | Christoffel Hendrik Wiese and Others v CSARS[2024] ZASCA 111 · Taxation – recovery of tax debt from third party in terms of s 183 of Tax Administration Act, of 2011 (the TAA) – whether term ‘tax debt’ en... | Supreme Court of Appeal |
| 3 Jul 2024 | Phoenix Salt Industries (Pty) Ltd v The Lubavitch Foundation of Southern Africa[2024] ZASCA 107 · Loan agreement – variation clause – waiver – whether variation clause precludes waiver – waiver is not variation – interpretation of a loan... | Supreme Court of Appeal |
| 28 Jun 2024 | Minister of Mineral Resources and Energy v Becker (Case no 1199/23); National Nuclear Regulator and Another v Becker (Case no 966/2023); Becker v Minister of Mineral Resources and Energy[2024] ZASCA 106 · National Nuclear Regulator Act of 1999 – Board of Directors of Regulator appointed by the Minister of Mineral Resources and Energy in terms... | Supreme Court of Appeal |
| 21 Jun 2024 | Coronation Investment Management SA (Pty) Ltd v Commissioner for the South African Revenue Service[2024] ZACC 11 · Income Tax Act 58 of 1962 — section 9D exemption — foreign controlled company — foreign business establishment — meaning of “business” and “... | Constitutional Court |
| 21 Jun 2024 | C A R v The Central Authority of The Republic of South Africa and Another[2024] ZASCA 103 · Hague Convention on the Civil Aspects of International Child Abduction – whether a defence to the application for the return of the child to... | Supreme Court of Appeal |
| 20 Jun 2024 | Moodley and Another v The State[2024] ZASCA 102 · Criminal Law and Procedure – identification – witnesses’ previous knowledge of the appellants – appellants identified by witnesses on the st... | Supreme Court of Appeal |
| 14 Jun 2024 | Masango and Another v The State[2024] ZASCA 98 · Criminal Procedure – first appellant appeal against conviction and sentence – second appellant appeal against conviction – leave to appeal r... | 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 |
| 11 Jun 2024 | Ubisi and Another v Road Accident Fund[2024] ZASCA 93 · Practice and procedure – settlement agreement of claim against the Road Accident Fund – irregular and improper setting aside of settlement a... | Supreme Court of Appeal |
| 5 Jun 2024 | Department of Home Affairs and Others (with Scalabrini Centre of Cape Town intervening as Amicus Curiae)[2024] ZASCA 87 · Immigration – Refugee Act 130 of 1998 – whether asylum seeker entitled to submit subsequent applications after initial application has been... | Supreme Court of Appeal |
| 4 Jun 2024 | Bonifacio and Another v Lombard Insurance Company Ltd[2024] ZASCA 86 · Construction law – performance guarantee – guarantor resisting liability on basis that the claim is fraudulent – guarantor thereafter compro... | Supreme Court of Appeal |
| 3 Jun 2024 | Minister of Mineral Resources and Energy and Others v Sustaining the Wild Coast NPC and Others[2024] ZASCA 84 · Review – failure by court to consider question of just and equitable relief under s 172 of the Constitution when setting aside grant and ren... | 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 |
| 31 May 2024 | Goedverwachting Farm (Pty) Ltd v Roux and Others[2024] ZASCA 83 · Land tenure – Extension of Security of Tenure Act of 1997 – whether the respondents were occupiers as defined – no evidence of commercial fa... | Supreme Court of Appeal |
| 22 May 2024 | D H B v C S B[2024] ZACC 9 · Prenuptial agreement — providing for maintenance — pleaded as unspecified donation — Divorce Act 70 of 1979 — section 7 — not triggered Pren... | Constitutional Court |
| 20 May 2024 | (A)African Congress for Transformation v Electoral Commission of South Africa CCT 106/24; (B)Labour Party of South Africa v Electoral Commission of South Africa and Others CCT 113/24; (C)Afrikan Alliance of Social Democrats v Electoral Commission of South[2024] ZACC 7 · Electoral Act 73 of 1998 — compliance with election timetable — free and fair elections — section 19 of the Constitution — direct access — l... | Constitutional Court |
| 16 May 2024 | Old Mutual Unit Trust Managers Limited v Living Hands (Pty) Ltd and Others[2024] ZASCA 75 · Delict – pure economic loss – financial institution – client calling up investment portfolio – funds paid out in terms of investment agreeme... | Supreme Court of Appeal |
| 10 May 2024 | Lategan and Another v The Director of Public Prosecutions, Western Cape and Another[2024] ZASCA 74 · Interpretation of statutes – sexual offences – Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007(the Act) – whether s... | Supreme Court of Appeal |
| 6 May 2024 | Arise South Africa v Electoral Commission of South Africa; Independent South African National Civic Organisation v Electoral Commission of South Africa[2024] ZAEC 8 · The Electoral Act – section 27(1), s 27(2)(cB) and item 3(2) of Schedule 1A – unrepresented registered political parties required to submit... | Electoral Court |
| 6 May 2024 | The DPP Western Cape v Bongo[2024] ZASCA 70 · Reservation of questions of law in terms of s 319 of the Criminal Procedure Act of 1977 – what constitutes a question of law – misdirection... | Supreme Court of Appeal |
| 3 May 2024 | MV ‘New Endeavor’ and Others v Indian Oil Corporation Limited[2024] ZASCA 67 · Admiralty law – arrest of an associated ship in terms of ss 3(6) and (7) of the Admiralty Jurisdiction Regulation Act 105 of 1983 (the Act)... | Supreme Court of Appeal |
| 3 May 2024 | Ntoni Jacob Hlape v The Minister of Police[2024] ZASCA 68 · Civil procedure – unlawful arrest and detention – whether the arrest and detention of appellant was unlawful – whether respondent was liable... | Supreme Court of Appeal |
| 30 Apr 2024 | Optivest Health Services (Pty) Ltd v The Council for Medical Schemes and Others[2024] ZASCA 64 · Whether s 44(4) of the Medical Schemes Act 131 of 1998 (the Act) enables the Council and Registrar of Medical Schemes to investigate the con... | Supreme Court of Appeal |
| 26 Apr 2024 | Nkomo and Others v The State[2024] ZASCA 61 · Criminal law and procedure – distinction between recognition and identification of a suspect. Factors applicable. 2 ________________________... | Supreme Court of Appeal |
| 25 Apr 2024 | Tumelo Mafisa v Road Accident Fund[2024] ZACC 4 · Road Accident Fund — settlement agreement — High Court’s unilateral alteration of settlement agreement irregular and improper | Constitutional Court |
| 24 Apr 2024 | Director of Public Prosecutions, Eastern Cape, Makhanda v Coko (Women's Legal Centre Trust, Initiative for Strategic Litigation in Africa and Commission for Gender Equality intervening as Amici Curiae)[2024] ZASCA 59 · Criminal law and procedure – rape – consent to an act of sexual penetration – nature of consent – appeal by Director of Public Prosecutions... | 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 |
| 17 Apr 2024 | Mathuthu and Others v The State[2024] ZASCA 50 · Criminal procedure – appeal against conviction and sentence – leave to appeal refused by regional magistrate – petition in terms of s 309C o... | Supreme Court of Appeal |
| 12 Apr 2024 | Capitec Bank Limited v Commissioner for the South African Revenue Service[2024] ZACC 1 · Value-Added Tax Act 89 of 1991 — whether a supply free of charge may constitute a taxable supply Value-Added Tax Act 89 of 1991 — section 16... | Constitutional Court |
| 12 Apr 2024 | Petrus Johannes Bestbier and Others v Nedbank Limited[2024] ZACC 2 · Extension of Security of Tenure Act 62 of 1997 — Rule 46A of Uniform Rules of Court — residential property — party who may be affected | 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.