Your first month for R1 Then your plan price. Cancel any time.
Start free
Case law by topic

Judgments on evidence

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

Handed downJudgmentCourt
5 Apr 2024 Summermania Eleven (Pty) Ltd v Hattingh N O[2024] ZASCA 42 · Contract law – breach of a warranty – onus on the plaintiff to prove breach. Civil procedure – in a trial, evidence is given orally – court... Supreme Court of Appeal
28 Mar 2024 Cyril and Another v The Commissioner for the South African Revenue Service[2024] ZASCA 32 · Practice – Appealability – application to review ruling on admissibility in criminal trial while trial still pending – leave given to compla... Supreme Court of Appeal
27 Mar 2024 Syce and Another v Minister of Police[2024] ZASCA 30 · Application for special leave to appeal – referred for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – discretion... Supreme Court of Appeal
26 Mar 2024 Technology Corporate Management (Pty) Ltd and Others v De Sousa and Another[2024] ZASCA 29 · Companies Act of 1973 – s 252 – claim that manner in which the business of the company has been conducted was unfairly prejudicial, inequita... Supreme Court of Appeal
20 Mar 2024 Nong and Masingi v The State[2024] ZASCA 25 · Criminal Procedure – appeal against conviction – leave to appeal refused by regional magistrate – petition in terms of s 309C refused by the... Supreme Court of Appeal
20 Mar 2024 SAP SE v Systems Applications Consultants (Pty) Ltd t/a Securinfo and Another[2024] ZASCA 26 · Application for recusal – reasonable apprehension of bias – trial judge – misconceiving the issue in the evidence – preventing counsel from... Supreme Court of Appeal
8 Mar 2024 Queen Sibongile Winnifred Zulu v Queen Buhle Mathe and Others[2024] ZASCA 22 · Family law – administration of deceased estate – Marriage Act of 1961 – whether consequences of civil marriage precluded husband from conclu... Supreme Court of Appeal
5 Mar 2024 MEC of Health and Social Development of the Gauteng Provincial Government v M[2024] ZASCA 21 · Delict – claim for medical negligence damages – minor born with brain injury sustained during birth – whether hospital staff were negligent... Supreme Court of Appeal
21 Feb 2024 Sekoala v The State[2024] ZASCA 18 · Criminal law and procedure – appeal against rape conviction – whether the evidence of the complainant, a single witness, was correctly accep... 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
31 Jan 2024 Transnet SOC Ltd v Tipp-Con (Pty) Ltd and Others[2024] ZASCA 12 · Administrative law – legality review – self-review by state organ – delay – whether delay unreasonable – whether delay should be overlooked.... Supreme Court of Appeal
26 Jan 2024 Rabinowitz v Levy and Others[2024] ZASCA 8 · Arbitration award – application of s 33(1)(b) of the Arbitration Act of 1965 – whether alleged failure by arbitrator to comply with terms of... Supreme Court of Appeal
17 Jan 2024 Mhlontlo Local Municipality & 2 others v Ngcangula and Another[2024] ZASCA 5 · Jurisdiction of the high court – whether withdrawal of salary increment constitutes a breach of contract of employment – jurisdiction of civ... Supreme Court of Appeal
16 Jan 2024 Cupido v The State[2024] ZASCA 4 · Criminal law and Procedure – reliance on single witness – whether the court applied the cautionary rule in respect of single witness –admiss... Supreme Court of Appeal
23 Dec 2023 Eskom v Vaal River Development Association (Pty) Ltd and Others[2022] ZACC 44 · Interim interdicts — nature of prima facie right — rights in Bill of Rights — content of rights — whether rights established — role of final... Constitutional Court
21 Dec 2023 Allied Steelrode (Pty) Ltd v Dreyer and Another[2023] ZASCA 181 · National Credit Act of 2005 – whether agreement subject to the Act – loan and acknowledgment of debt not at arm’s length – interest only pay... Supreme Court of Appeal
18 Dec 2023 Nedbank Limited and Another v Survé and Others[2023] ZASCA 178 · Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 – application for interim interdict in Equality Court – failure to... Supreme Court of Appeal
14 Dec 2023 Grupo Bimbo S.A.B. v Takis Biltong[2023] ZASCA 175 · Reconsideration of dismissal of application for special leave to appeal ─ cancellation of applicant’s trade mark ─ Takis Fuego ─ likely to d... Supreme Court of Appeal
14 Dec 2023 Mashisane v Mhlauli[2023] ZASCA 176 · Family law – customary law – civil procedure – declaratory relief sought on whether parties married according to customary law – dispute of... Supreme Court of Appeal
14 Dec 2023 South African Legal Practice Council v Mokhele[2023] ZASCA 177 · Legal Practice – s of the Legal Practice Act of 2014 – whether the court may hear a matter that has become moot – the issues for determinati... Supreme Court of Appeal
12 Dec 2023 Scalabrini Centre of Cape Town v Minister of Home Affairs and Others[2023] ZACC 45 · Refugees Act 30 of 1998 — constitutionality of subsections 22(12) and 22(13) — provisions are unconstitutional Failure to renew visa — resul... 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
4 Dec 2023 Independent Candidate Association South Africa NPC v President of the Republic of South Africa[2023] ZACC 41 · Electoral Amendment Act 1 of 2023 — provision limiting seats that independent candidates can contest in the provincial and national election... Constitutional Court
4 Dec 2023 One Movement South Africa NPC v President of the Republic of South Africa and Others[2023] ZACC 42 · Electoral Amendment Act 1 of 2023 — provision limiting seats that independent candidates can contest in the provincial and national election... Constitutional Court
4 Dec 2023 Andrew Barney August v The State[2023] ZASCA 170 · Application for condonation of the late filing of notice of appeal – requirements for condonation restated – appellant not satisfying requir... 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
28 Nov 2023 Bisschoff N O obo Reyners v Passenger Rail Agency Of South Africa[2023] ZASCA 160 · Prescription – interruption of running of extinctive prescription – claimant of unsound mind – prescription only begins to run from the date... Supreme Court of Appeal
27 Nov 2023 Ad Hoc Central Authority for RSA and Another v Heidi Nicole Koch N.O. and Another[2023] ZACC 37 · Hague Convention on the Civil Aspects of International Child Abduction — interpretation of Article 13(b) — determination of the threshold fo... Constitutional Court
24 Nov 2023 African National Congress v Ezulweni Investments (Pty) Ltd[2023] ZASCA 159 · Contract – conclusion – authority to conclude – test for factual disputes – evaluation of evidence – bare denials coupled with untenable ver... Supreme Court of Appeal
23 Nov 2023 and 913/2022 Armitage NO v Valencia Holdings 13 (Pty) Ltd and Others[2023] ZASCA 157 · Company law ─ action by executor of deceased shareholder’s estate ─ s 163 of the Companies Act of 2008 (the Act) ─ oppressive or unfairly pr... Supreme Court of Appeal
21 Nov 2023 Ntshongwana v The State[2023] ZASCA 156 · Criminal law – defence of pathological incapacity – ss 78(1A) and 78(1B) of the Criminal Procedure Act of 1977 – onus on accused to prove la... Supreme Court of Appeal
17 Nov 2023 Smit v The State[2023] ZASCA 154 · Criminal law and procedure – fraud – whether appellant had intent, in the form of dolus eventualis, to commit fraud – whether the appellant,... Supreme Court of Appeal
15 Nov 2023 King Price Insurance Company Limited v Mhlongo[2023] ZASCA 152 · Civil procedure – claim under insurance policy arising from motor vehicle collision – market value pleaded – evidence led on shortfall of am... 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
14 Nov 2023 Hulisani Viccel Sithangu v Capricorn District Municipality[2023] ZASCA 151 · Application for special leave referred for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – whether special leave t... Supreme Court of Appeal
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 Mohuba v University of Limpopo[2023] ZASCA 139 · Whether the relationship between a university and a student is contractual or administrative in nature – refusal by a university to confer a... 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
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 Natasha Liebenberg v The State[2023] ZACC 33 · Admissions in terms of section 220 of the Criminal Procedure Act 57 of 1977 — admissibility of evidence in disciplinary hearing –– lack of j... 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
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
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
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
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

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.