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Case law by topic

Judgments on evidence

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

Handed downJudgmentCourt
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.