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Judgments on evidence

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

Handed downJudgmentCourt
25 Oct 2018 Maledu and Others v Itereleng Bakgatla Mineral Resources (Pty) Limited and Another (Dlamini and Land Access Movement of South Africa as Amici Curiae)[2018] ZACC 41 · Mineral and Petroleum Resources Development Act 28 of 2002 — Section 54 — Other satisfactory remedy Interim Protection of Informal Land Righ... Constitutional Court
28 Sep 2018 Gavrić v Refugee Status Determination Officer Cape Town and Others (People Against Suppression Suffering Oppression and Poverty as Amicus Curiae)[2018] ZACC 38 · Section 4 of the Refugees Act— Exclusion — Internal remedies — Unfounded application Section 4(1)(b) of the Refugees Act — Non-political cri... Constitutional Court
28 Sep 2018 - Du Bruyn NO & others v Karsten[2018] ZASCA 143 Supreme Court of Appeal
27 Sep 2018 Thwala v S[2018] ZACC 34 · Section 35(3)(o) of the Constitution — right to a fair trial — Res Judicata Constitutional Court
27 Sep 2018 Tarr v S[2018] ZACC 35 · Extra-curial statement — Interference with factual findings of a lower court Constitutional Court
20 Sep 2018 Hunter v Financial Sector Conduct Authority and Others (Casual Workers Advice Office and Right2Know Campaign as Amici Curiae)[2018] ZACC 31 · Pension Funds Act — pension funds — orphan funds — pension funds cancellations project — locus standi — misjoinder — amendment of pleadings... Constitutional Court
20 Sep 2018 800/18; 123/18; 346/18 MediaSummary - Life Healthcare Group (PTY) LTD v DR Abdool Samad Suliman[2018] ZASCA 118 Supreme Court of Appeal
29 Aug 2018 Liesching and Others v S[2018] ZACC 25 · Superior Courts Act 10 of 2013 — section 17(2)(f) — referral of petition for reconsideration — discretion of the President of Supreme Court... Constitutional Court
29 Aug 2018 Shiburi v The State[2018] ZASCA 107 Supreme Court of Appeal
21 Aug 2018 Scholtz & others v The State (428/17, 491/17, 635/17, 636/17)[2018] ZASCA 106 Supreme Court of Appeal
23 Jul 2018 Ludidi v Ludidi & others[2018] ZASCA 104 Supreme Court of Appeal
10 Jul 2018 Jiba & another v The General Council of the Bar of South Africa and Mrwebi v The General Council of the Bar of South Africa (141/17 and 180/17)[2018] ZASCA 103 Supreme Court of Appeal
1 Jun 2018 Gongqose & others v Minister of Agriculture, Forestry & Fisheries and others; Gongqose & others v State & others (1340/16 & 287/17)[2018] ZASCA 87 Supreme Court of Appeal
1 Jun 2018 Oosthuizen & another v S[2018] ZASCA 92 Supreme Court of Appeal
1 Jun 2018 Flanagan v Minister of Safety and Security[2018] ZASCA 96 Supreme Court of Appeal
1 Jun 2018 Minister of Police and another v Zweni[2018] ZASCA 97 Supreme Court of Appeal
31 May 2018 Louis Pasteur Hospital Holdings (Pty) Ltd v Bonitas Medical Fund[2018] ZASCA 82 Supreme Court of Appeal
31 May 2018 Moor v Tongaat-Hulett Pension Fund[2018] ZASCA 83 Supreme Court of Appeal
29 May 2018 The Commissioner for the South African Revenue Service v Encarnaçâo N.O.[2018] ZASCA 71 Supreme Court of Appeal
18 May 2018 Criminal law - plea of guilty under s 112(2) of the Criminal Procedure Act 51 of 1977 - where all the elements of an offence are admitted in a written plea ofguilty an accused may be convicted accordingly on the basis of the plea - respondent admitted having had sexual intercourse with the 12 year old complainant - sentenceof life imprisonment improperly set aside by the high court on appeal on the basis of lack of evidence of complainant’s age - appeal by the National Director of Pros[2018] ZASCA 60 · Criminal law – appeal by State against sentences for two counts of housebreaking with intent to rape and rape – misdirections by trial court... Supreme Court of Appeal
17 May 2018 Administrative law – whether management framework and totality of relevant evidence including previous public participation concluded in anticipation of implementation of statutory park management plan was proper basis for legitimate expectation – document to be interpreted comprehensively – legitimate expectation established. Osborne v Cockin NO & Others[2018] ZASCA 58 · Where no contractual or other claim lies against a trust, and the creditor alleges that the trust is the alter ego of the debtor, it cannot... Supreme Court of Appeal
24 Apr 2018 Helen Suzman Foundation v Judicial Service Commission[2018] ZACC 8 Constitutional Court
15 Mar 2018 Klaas-v-S[2018] ZACC 6 · Criminal Appeal — Drugs and Drug Trafficking Act — sentence — drug dealing and drug manufacturing — market value of drugs not proven — minim... Constitutional Court
27 Feb 2018 Loni v Member of the Executive Council, Department of Health, Eastern Cape, Bhisho[2018] ZACC 4 Constitutional Court
23 Feb 2018 S and Another v Okah; Okah v S (Institute for Security Studies and Southern Africa Litigation Centre as Amici Curiae)[2018] ZACC 3 Constitutional Court
2 Dec 2017 Phakane v S[2017] ZACC 44 Constitutional Court
1 Dec 2017 142.13 KB Criminal law and procedure – evidence obtained contrary to the provisions of s 35 of the Constitution – appellant assaulted - trial rendered unfair - onus on the State to prove that a confession or admission was made voluntarily - no admissible incriminating evidence against the appellant – convictions and sentences set aside. Msimango v The State[2017] ZASCA 181 · Criminal Law – appellant convicted of one count of robbery with aggravating circumstances read with s 51(2) of the Criminal Law Amendment Ac... Supreme Court of Appeal
8 Nov 2017 252.62 KB Evidence – pointing-out – trial-within-a trial – after pointing out ruled admissible, no evidence in record to prove contents of pointing-out – such evidence either not led or, if led, lost and not capable of being reconstructed – no admissible evidence implicating appellant in commission of offences – convictions and sentences set aside. Botha v S[2017] ZASCA 148 · Criminal procedure – refusal of discharge in terms of s 174 – court a quo did not act irregularly by refusing discharge – there was evidence... Supreme Court of Appeal
26 Oct 2017 398.1 KB Criminal procedure – refusal of discharge in terms of s 174 – court a quo did not act irregularly by refusing discharge – there was evidence on which a reasonable court might convict. Criminal procedure – reopening of the State’s case – State failed to establish grounds for reopening – court a quo’s decision to allow reopening irregular (Mokgohloa AJA and Mbatha AJA dissenting). Criminal procedure – whether State proved beyond reasonable doubt that appellant shot deceased and[2017] ZASCA 147 · Company: Shareholders: Oppression: Oppressive or Unfairly Prejudicial Conduct: Section 252 of the Companies Act of 1973: party entitled to r... Supreme Court of Appeal
21 Jun 2017 364.31 KB Where an acknowledgment of indebtedness is made by a debtor to a creditor, even in without prejudice settlement negotiations, the acknowledgment may be admitted in evidence for the sole purpose of interrupting the running of the prescription period in terms of s 14 of the Prescription Act 68 of 1969. The NDPP v Media 24 Limited & others and HC Van Breda v Media 24 Limited & others[2017] ZASCA 97 · Constitutional law – application by media to broadcast criminal proceedings – tension between the right to freedom of expression and the ope... Supreme Court of Appeal
31 May 2017 Robbery – prosecution submitting that evidence of identification of accused unsatisfactory and that accused should be acquitted on appeal to full bench – appeal nonetheless dismissed – appeal upheld – function of appeal court where prosecution does not seek to uphold conviction. Wilkinson v The Law Society of the Northern Provinces[2017] ZASCA 69 · Striking off is an appropriate sanction for an attorney guilty of misappropriation of trust moneys and failure to account for funds entruste... Supreme Court of Appeal
12 Mar 2010 385/2009 Burger v The State (236/09)[2010] ZASCA 12 Supreme Court of Appeal
28 Jan 2010 Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State v President Jacob Gedleyihlekisa Zuma[2021] ZACC 2 · Section 3 of the Commissions Act 8 of 1947 — the power of a commission to compel a witness to appear before it — urgent application — direct... Constitutional Court
22 Sep 2008 Sandton Civic Precinct (Pty) Ltd v City of Johannesburg[2008] ZASCA 104 Supreme Court of Appeal
18 Mar 2008 JG Swanepoel v The State (508/07)[2008] ZASCA 8 Supreme Court of Appeal

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.