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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
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
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
18 May 2023 The Commissioner for the South African Revenue Service v Nyhonyha and Others[2023] ZASCA 69 · Company law – setting aside of winding-up under s 354 of Companies Act of 1973 – test is whether facts demonstrate that continuation of wind... 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
3 May 2023 Govender v The State[2023] ZASCA 60 · Criminal Law – murder – common purpose – conviction on direct and circumstantial evidence – presence at scene, active association and intent... 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
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
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
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
10 Mar 2023 Ledla Structural Development (Pty) Limited and Others v Special Investigating Unit[2023] ZACC 8 · Special Tribunal established in terms of section 2 of the Special Investigating Units and Special Tribunals Act — Special Tribunal is not a... Constitutional Court
1 Feb 2023 David John Riley v Rochelle Tracy Riley[2023] ZACC 5 · Contempt of Court — rule 42 of the Uniform Rules of Court — variation of court orders Constitutional Court
24 Jan 2023 Makhi Kapa v The State[2023] ZACC 1 · Law of Evidence Amendment Act 45 of 1988 — application of section 3(1)(c) — admission of hearsay evidence — interests of justice Constitutional Court
8 Dec 2022 Villa Crop Protection (Pty) Limited v Bayer Intellectual Property GMBH[2022] ZACC 42 · Amendment of Pleadings — misapplication of applicable test — application of incorrect test —introduction of the special plea of unclean hand... Constitutional Court
30 Nov 2022 Esorfranki Pipelines (PTY) Limited v Mopani District Municipality[2022] ZACC 41 · Delictual liability for harm arising from state’s intentional misconduct — section 8 of PAJA — compensation under PAJA Section 217 of the Co... Constitutional Court
30 Nov 2022 Mapholisa N O v Phetoe N O and Others[2022] ZASCA 168 · Administrative law – review of decision of one organ of state by another – whether review under the Promotion of Administrative Justice Act... Supreme Court of Appeal
29 Nov 2022 Justice Nhlanhla Lebea v Member of the Executive Council for Public Works and Infrastructure, Free State[2022] ZACC 40 · [adverse credibility findings] — [common law development] — [rule 28(1)] — [Magistrate’s Court Rules] [direct and substantial interest] — [h... Constitutional Court
28 Nov 2022 Samancor Chrome Limited v Bila Civil Contractors (Pty) Ltd[2022] ZASCA 163 · Contempt of court – non-compliance with court orders to be established beyond reasonable doubt – elements of wilfulness and mala fides not e... Supreme Court of Appeal
24 Nov 2022 Case 650/2020 Madrasah Taleemuddeen Islamic Institute v Chandra Giri Ellaurie and Another[2022] ZASCA 160 · Nuisance – the right to undisturbed use and enjoyment of own property is not unlimited – reasonable interference is to be expected depending... Supreme Court of Appeal
21 Nov 2022 Janusz Jakub Walus v Minister of Justice and Correctional Services[2022] ZACC 39 · [Parole] — [life imprisonment sentence] — [rationality] — [sentencing remarks] [nature and seriousness of the crime] — [Correctional Service... Constitutional Court
14 Nov 2022 Reddell and Others v Mineral Sands Resources (Pty) Limited and Others[2022] ZACC 38 · Defamation — constitutionality of awarding general damages to trading corporations — partially unconstitutional — public discourse on issues... Constitutional Court
13 Oct 2022 MV ‘TARIK III’ Credit Europe Bank N.V. v The Fund Comprising the Proceeds of the Sale of the MV Tarik III and Others[2022] ZASCA 136 · Shipping – Admiralty Jurisdiction Regulation Act 105 of 1983 – when an agreement that has been admitted or proved is said to have been termi... Supreme Court of Appeal
26 Sep 2022 Solomons v The State[2022] ZASCA 124 · Criminal Law and Procedure – murder – inter-partner violence – domestic violence – sentence – years’ imprisonment, years of which is suspend... Supreme Court of Appeal
22 Sep 2022 United Democratic Movement and Another v Lebashe Investment Group (PTY) Limited and Others[2022] ZACC 34 · Appealability of Interim Interdicts — Interests of Justice — Section 16(1)(a) of the Superior Courts Act 10 of 2013 Constitutional Court
29 Aug 2022 Minister of Social Development v SA Childcare (Pty) Ltd & Others; MEC, Social Development, Eastern Cape & Others v SA Childcare (Pty) Ltd & Others[2022] ZASCA 119 · Social development – Early Childhood Development facilities – payment of subsidies by national and provincial Departments of Social Developm... Supreme Court of Appeal
22 Aug 2022 NUMSA obo Aubrey Dhludhlu and 147 Others v Marley Pipe Systems (SA) (Pty) Ltd[2022] ZACC 29 Constitutional Court
22 Aug 2022 Qurashi and Others v The State[2022] ZASCA 118 · Criminal law and procedure – admission of evidence pursuant to search and seizure allegedly in violation of constitutional right to privacy... Supreme Court of Appeal
16 Aug 2022 Benedict Moagi Peloeole v The Director of Public Prosecutions, Gauteng[2022] ZASCA 117 · Criminal law and procedure – appeal and cross-appeal on sentence – appellant convicted on two counts of murder – whether the murders were pr... Supreme Court of Appeal
19 Jul 2022 Social Justice Coalition and Others v Minister of Police and Others[2022] ZACC 27 · Declaratory order — outstanding Equality Court order — constructive refusal — remedy Constitutional Court
15 Jul 2022 Frantzen v Road Accident Fund[2022] ZASCA 107 · Delict – personal injury claim – factual causation – cause and effect – whether soft tissue injury of neck and back sustained in motor vehic... Supreme Court of Appeal
15 Jul 2022 ICM v The State[2022] ZASCA 108 · Criminal law and procedure – evidence – sexual assault and rape of child complainant in terms of the Criminal Law (Sexual Offences and Relat... Supreme Court of Appeal
15 Jul 2022 Imbuko Wines (Pty) Ltd v Reference Audio CC[2022] ZASCA 110 · Cession – whether oral cession established – whether debtor aware of the cession. 2 ________________________________________________________... Supreme Court of Appeal
15 Jul 2022 Maree v The State[2022] ZASCA 112 · Appeal against refusal by high court to grant leave to appeal – against conviction and sentence by magistrate’s court – Supreme Court of App... Supreme Court of Appeal
6 Jul 2022 Mamadi and Another v Premier of Limpopo Province and Others[2022] ZACC 26 · Jurisdiction — Just administrative action — right of access to courts Rule 6(5)(g) — Rule 53 — res judicata Plascon Evans rule — reasonably... Constitutional Court
29 Jun 2022 Speaker of the National Assembly and Another v New Nation Movement NPC and Others[2022] ZACC 24 · Suspended declaration of invalidity — urgent application for extension of a suspension of invalidity — avoid last-minute applications for ex... Constitutional Court
28 Jun 2022 e.tv (Pty) Limited and Others v Minister of Communication and Digital Technologies and 11 Others[2022] ZACC 22 · Analogue switch-off date — duty to give notice — procedural rationality Remedy — review of Minister’s decision — separation of powers — subs... Constitutional Court
15 Jun 2022 Voice of the Unborn Baby NPC and Another v Minister of Home Affairs and Another[2022] ZACC 20 · Births and Deaths Registration Act 51 of 1992 — constitutional validity of sections 18(1) to (3) and 20(1) — order of constitutional invalid... Constitutional Court
31 May 2022 Tuta v The State[2022] ZACC 19 Constitutional Court
30 May 2022 TM obo MM v Member of the Executive Council for Health and Social Development[2022] ZACC 18 · Jurisdiction — constitutional issue — interests of justice Leave to appeal — not in the interests of justice to grant leave — leave to appea... Constitutional Court
30 May 2022 Arena Holdings (Pty) Limited t/a Financial Mail and Others v South African Revenue Service and Others[2023] ZACC 13 · Promotion of Access to Information Act 2 of 2000 — constitutionality of sections 35 and 46 — provisions are unconstitutional Tax Administrat... Constitutional Court
6 May 2022 Solidarity obo Members and Another v Barloworld Equipment Southern Africa and Others[2022] ZACC 15 · Labour Relations Act — meaningful joint consensus-seeking process — selection criteria Constitutional Court
22 Apr 2022 Mirchandani v Unica Iron & Steel (Pty) Ltd and Unica Iron & Steel (Pty) Ltd v Mirchandani (Case no 802/2020 & 813/2020)[2022] ZASCA 58 · Damages – breach of profit share agreement and lease agreements – claim for payment of utilities and bond charges erroneously debited in app... Supreme Court of Appeal
20 Apr 2022 David Papiki Komane v The State[2022] ZASCA 55 · Criminal law – evidence – what constitutes sufficiency of circumstantial evidence – conviction based on circumstantial evidence well- founde... Supreme Court of Appeal
13 Apr 2022 Central Energy Fund SOC Ltd and Another v Venus Rays Trade (Pty) Ltd and Others[2022] ZASCA 54 · Review under principle of legality and Promotion of Administrative Justice Act of 2000 – rotation of country’s strategic oil stock – decisio... Supreme Court of Appeal
12 Apr 2022 Advertising Regulatory Board NPC and Others v Bliss Brands (Pty) Ltd[2022] ZASCA 51 · Administrative Law – private body exercising public functions – submission to jurisdiction – powers of the Administrative Regulatory Board (... Supreme Court of Appeal
5 Apr 2022 AK v Minister of Police[2022] ZACC 14 · Delict — wrongfulness — negligence — extent of police liability for negligent police work — psychopathological harm Constitutional Court
25 Mar 2022 NVM obo VKM v Tembisa Hospital and Another[2022] ZACC 11 · Jurisdiction — section 167(3)(b) of Constitution — sole issue one of factual causation — constitutional considerations not affecting resolut... Constitutional Court
4 Mar 2022 Barnard Labuschagne Incorporated v South African Revenue Service and Another[2022] ZACC 8 · Tax Administration Act 28 of 2011 — sections 172 and 174 — certified statement filed by South African Revenue Service to be treated as civil... Constitutional Court
16 Feb 2022 South African Human Rights Commission on behalf of South African Jewish Board of Deputies v Masuku and Another (South African Holocaust and Genocide Foundation, Psychological Society of South Africa, Freedom of Expression Institute...[2022] ZACC 5 · Application for recusal — reasonable apprehension of bias — grounds for recusal not met Promotion of Equality and Prevention of Unfair Discr... 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.