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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
16 Oct 2026 Barnard v Gouws[2026] ZASCA 139 · Prescription Act of 1969 – s 15(1) – interruption of prescription by service of process – onus resting on the party invoking prescription –... Supreme Court of Appeal
9 Oct 2026 Grancy Property Limited v Dines Chandra Manilal Gihwala[2026] ZACC 40 · no-conflict rule — no-profit rule — disgorgement of profits in duplum rule — development of common law — liquidated claims — statement and d... Constitutional Court
9 Oct 2026 Brain Gear Investments (Pty) Ltd v Buhle Waste (Pty) Ltd and Others; Sembcorp Silulumanzi (RF) (Pty) Ltd and Others v Buhle Waste (Pty) Ltd and Others; Sembcorp Utilities (Netherlands) NV v Buhle Waste (Pty) Ltd and Others CCT 11/25, 12/25 and 25/25[2026] ZACC 41 · Review — Promotion of Administrative Justice Act 3 of 2000 — definition of “administrative action” — Municipality’s decision not taken “in t... Constitutional Court
7 Oct 2026 Ackerman v Amaning and Another[2026] ZASCA 138 · Promotion of Equality and Prevention of Unfair Discrimination Act of 2004 — whether the appellant’s communications are hate speech under s 1... Supreme Court of Appeal
5 Oct 2026 Habib Overseas Bank Limited (in liquidation) v Crestar Printers and Publishers (Pty) Ltd (in liquidation) and Others[2026] ZASCA 136 · Insolvency – suretyship – set-off raised as defence by sureties (banking customers) against an insolvent bank – delay in raising defence of... Supreme Court of Appeal
2 Oct 2026 Bertie van Zyl (Pty) Ltd and Another v The Municipal Manager of the Polokwane Local Municipality and Others[2026] ZASCA 133 · Final interdict – requirements – Contravention of legislation – whether such contravention sufficient to secure a final interdict – need by... Supreme Court of Appeal
29 Sep 2026 NUMSA and Others v SCAW South Africa (Pty) Ltd[2026] ZASCA 126 · Claim for payment of severance pay due in terms of the contract of employment – application of s of the Basic Conditions of Employment Act –... Supreme Court of Appeal
25 Sep 2026 Umkhonto Wesizwe Party v Electoral Commission of SA and Others[2026] ZAEC 6 · Electoral Commission Act of 1996 – Section 5(1)(b) confirms the Electoral Commission’s constitutional mandate to ensure that elections are f... Electoral Court
25 Sep 2026 Ad All CC v Kapa Bokoni Trading and Projects 10 CC[2026] ZASCA 124 · Unjustified enrichment – illegal contract – statutory illegality – s 20(1)(a) of the Private Security Industry Regulation Act of 2001 – cond... Supreme Court of Appeal
23 Sep 2026 African National Congress v Electoral Commission of South Africa and Another[2026] ZAEC 5 · Electoral law – Local government elections – Electronic nomination of candidates through Electoral Commission Online Candidate Nomination Sy... Electoral Court
17 Sep 2026 Premier of the Western Cape Government and Another v Speaker of the National Assembly and Others; City of Cape Town and Others v Speaker of the National Assembly and Others[2026] ZACC 37 · Sections 59(1)(a) and 72(1)(a) of the Constitution — Public Procurement Act 28 of 2024 — Chapter 4 — public participation Constitutional Court
11 Sep 2026 uMndeni weNkosi of Inkosi Luthuli v Executive Council, KwaZulu-Natal[2026] ZACC 35 · KwaZulu-Natal Traditional Leadership and Governance Act 5 of 2005 — sections 21(4), 22, 23 and 24(1) — removal of traditional leader — misco... Constitutional Court
11 Sep 2026 Mokasule N.O and Others v Botha N.O and Another[2026] ZACC 36 · Insolvency Act 24 of 1936 — section 8 — acts of insolvency — factual insolvency Duty of proper consideration — failure to appreciate facts —... Constitutional Court
7 Sep 2026 Barnard v Barnard[2026] ZASCA 115 · Civil procedure – condonation and reinstatement of a lapsed appeal – rule 33(4) separation of issues order – whether the trial court exceede... Supreme Court of Appeal
4 Sep 2026 Kido Staalwerke CC v Safety Engineering International LLC and Another (2652024)[2026] ZASCA 114 · Intellectual property law – patent – infringement of claims – test to prove infringement restated – onus to prove that the infringer infring... Supreme Court of Appeal
3 Sep 2026 Equal Education v MEC for Education, Western Cape Government and Others (298/2024); South African Democratic Teachers’ Union v MEC for Education, Western Cape and Others[2026] ZASCA 113 · Constitutional law – ss and of the Constitution – Western Cape Provincial School Education Amendment Act of 2018 – constitutional challenge... Supreme Court of Appeal
31 Aug 2026 Zuma and Another v Chairperson of the Judicial Commission of Inquiry into Allegations Regarding Efforts or Attempts Having Been Made to Stop the Investigation or Prosecution of Truth and Reconciliation Commission Cases and Others[2026] ZACC 34 · Superior Courts Act 10 of 2013 — section 47(1) — judge of a Superior Court — judicial independence — consent to sue Review application — Pro... Constitutional Court
26 Aug 2026 Electoral Commission of SA and Another v The Good Party and Others[2026] ZAEC 3 · The Political Funding Act of 2018 (Funding Act) – ss and 12, read with Regulations 7, and of the Regulations regarding the Funding of Politi... Electoral Court
25 Aug 2026 Kalagadi Manganese (Pty) Limited & Others v Industrial Development Corporation of SA Limited & Others[2026] ZASCA 111 · Refusal of leave to appeal – reconsideration in terms of s 17(2)(f) of the Superior Courts Act – whether exceptional circumstances in the fo... Supreme Court of Appeal
14 Aug 2026 Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others CCT194/24 & Natural Justice and Another v Minister of Mineral Resources and Energy and Others[2026] ZACC 33 · Section 172(1)(b) of the Constitution — just and equitable remedy — true discretion — grounds for appellate interference established Section... Constitutional Court
13 Aug 2026 Hengdeli Deyesion International Shipping Limited v MV ‘Haralambos’ and Others[2026] ZASCA 107 · Maritime Law – vessel association – Admiralty Jurisdiction Regulation Act 105 of 1983 (AJRA) – standard and burden of proof on reconsiderati... Supreme Court of Appeal
12 Aug 2026 79/2025)[2026] ZASCA 106 · Contempt of Court – Code of Advertising Practice – Intellectual Property – court order prohibiting marketing of product in offending packagi... Supreme Court of Appeal
26 Jul 2026 Tshabangu v S[2026] ZACC 32 · Criminal Procedure Act 51 of 1977 — sections 167 and 186 — exercise of discretion — essential to the just decision of the case Constitutional Court
13 Jul 2026 Alpheus Mogase Molopo v The State[2026] ZASCA 100 · Evidence – reliability of identification evidence – cautionary rule – housebreaking, robbery with aggravating circumstances and murder – app... Supreme Court of Appeal
7 Jul 2026 Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others[2026] ZACC 30 · Refugees Act 130 of 1998 — asylum applications — principle of non-refoulement — procedural non-compliance cannot bar asylum applications wit... Constitutional Court
7 Jul 2026 Thabang Motjamela v George Local Municipality[2026] ZACC 31 · Vexatious litigant — development of the common law — mental health assessment order — right to dignity — right to freedom and security of pe... Constitutional Court
7 Jul 2026 FirstRand Limited and Another v National Bank of Abu Dhabi PJSC (Pty) Limited[2026] ZASCA 98 · Intellectual Property – Trade marks – Trade Marks Act 194 of 1993 – s 10(4) – whether there is a bona fide intention of using a mark as a tr... Supreme Court of Appeal
3 Jul 2026 Lephalale Residents Party and Another v The Independent Electoral Commission of South Africa[2026] ZAEC 1 · Leadership dispute under s 20(2A) of the Electoral Commission Act of 1996 – application to remove the name of a leader of the political part... Electoral Court
3 Jul 2026 QI Logistics (Pty) Ltd v The Commissioner for SARS[2026] ZASCA 96 · Customs and Excise Act of 1964 – statutory obligations of clearing agents appointed under s 64B – proof required to acquit goods entered for... Supreme Court of Appeal
30 Jun 2026 BNP Paribas v Competition Commission of South Africa; Credit Suisse Securities (USA) LLC v Competition Commission of South Africa; and Competition Commission of South Africa v Bank of America Europe DAC CCT 25/24; CCT 27/24; and[2026] ZACC 28 · In Case CCT 25/24 BNP Paribas v Competition Commission of South Africa: On application for leave to appeal from the Competition Appeal Court... Constitutional Court
24 Jun 2026 Jordaan v MEC, Local Government, Environmental Affairs and Development Planning, Western Cape and Others CC331/24[2026] ZACC 25 · National Environmental Management Act 107 of 1998 — environmental authorisation Environmental Impact Assessment Regulations Listing Notice 1... Constitutional Court
24 Jun 2026 Divine Life Society of South Africa and Others v Avinash Parshotam[2026] ZASCA 89 · Judicial review – voluntary association – disciplinary proceedings – interpretation of the organisation’s constitution – composition of the... Supreme Court of Appeal
23 Jun 2026 Lueven Metals (Pty) Limited v Commissioner for the South African Revenue Service[2026] ZACC 24 · Value-Added Tax Act 89 of 1991 — section 11(1)(f) — statutory interpretation — VAT consequences of the supply of gold Constitutional Court
23 Jun 2026 City of Johannesburg Metropolitan Municipality v Bantham and Others[2026] ZASCA 86 · Property law – mandament van spolie – interdict against unlawful eviction – onus on applicants to prove locus standi and entitlement to reli... Supreme Court of Appeal
23 Jun 2026 Esther Lungu and Others v Government of The Republic of Zambia and Others[2026] ZASCA 87 · Burial dispute – Government of Zambia claiming right to repatriate and bury late former President – family disputing on basis of deceased's... Supreme Court of Appeal
17 Jun 2026 Ex parte President of the Republic of South Africa: In re Constitutionality of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill[2026] ZACC 26 · Section 79(4)(b) of the Constitution — competence of referral — scope of referral — referral incompetent as to sections 6A, 7A and 8A Copyri... Constitutional Court
3 Jun 2026 Jacolien Barnard N.O. and Another v National Consumer Tribunal and Others[2026] ZACC 23 · National Credit Act 34 of 2005 — section 148(2)(b) — hearing — participants in a hearing Constitutional Court
28 May 2026 The MEC for Health of the Gauteng Provincial Government v C B M[2026] ZASCA 80 · Medical negligence – whether hysterectomy caused by negligence of appellants’ employees – absence of medical records – prima facie evidence... Supreme Court of Appeal
27 May 2026 Minister of Defence and Military Veterans and Another v Zeal Health Innovations (Pty) Limited[2026] ZACC 21 · Section 172(1)(b) of the Constitution — just and equitable remedy — true discretion — grounds for appellate interference established No prof... Constitutional Court
25 May 2026 Ngwadla v State[2026] ZASCA 77 · Criminal Law and Procedure – evidence of a single witness – whether sufficient to sustain a conviction of murder – doctrine of common purpos... Supreme Court of Appeal
22 May 2026 Kingdom of Lesotho v Frazer Solar GmbH and Others[2026] ZASCA 75 · Rescission of judgments and orders in terms of Uniform Rule 42(1)(a) or common law – grounds for rescission – explanation for default and bo... Supreme Court of Appeal
21 May 2026 Road Accident Fund v Lise Maloney and Others[2026] ZASCA 73 · claim for loss of support by dependants against the Road Accident Fund - arising from the death of the breadwinner following a motor vehicle... Supreme Court of Appeal
19 May 2026 Sinhle Inosacia Sambo v Road Accident Fund[2026] ZASCA 72 · Delict – breadwinner fatally injured – claim for loss of support – deceased supported partner and minor child – whether deceased’s source of... Supreme Court of Appeal
13 May 2026 Mary Fisher and Another v The Silverbirch Estate Homeowners’ Association (NPC) and Others[2026] ZASCA 69 · Reconsideration application – s 17(2)(f) Superior Courts Act of 2013 – application for reconsideration of refusal of petition for leave to a... Supreme Court of Appeal
13 May 2026 Button v The State[2026] ZASCA 71 · Criminal Law and Procedure – conviction on two counts of rape – sentence – special leave – application to introduce further evidence – s 16(... Supreme Court of Appeal
12 May 2026 Director-General, Department of Home Affairs and Others v Irankunda and Another[2026] ZACC 18 · Refugees Act 130 of 1998 — section 21(1) — asylum seeker applications — subsequent applications — non refoulement Interpretation — sur place... Constitutional Court
30 Apr 2026 Road Accident Fund and Others v Legal Practitioners’ Indemnity Insurance Fund, NPC and Others (1106/2024 and 1479/2024)[2026] ZASCA 63 · Administrative Law – Promotion of Administrative Justice Act of 2000 (PAJA) – Road Accident Fund Act of 1996 (the Act) – whether the Ministe... Supreme Court of Appeal
29 Apr 2026 Blue Label Distribution (Pty) Ltd v St Clair Cooper N O and Others[2026] ZASCA 61 · Companies Act of 1973 – liquidation – whether liquidators can rely on s 341(2) of the Companies Act to reclaim payments – amounts alleged to... Supreme Court of Appeal
28 Apr 2026 MV “Tai harmony” and Another v Sure Success Steamship S.A and Another (953/2024 and 923/2024)[2026] ZASCA 60 · Maritime Law – Admiralty Jurisdiction Regulation Act 105 of 1983 (the Act) – s 5(2)(d) of the Act – whether s 5(2)(d) of the Act was properl... Supreme Court of Appeal
24 Apr 2026 Mandla v The State[2026] ZASCA 59 · Criminal procedure – appeal – leave to appeal against dismissal of petition in terms of s 309C of the Criminal Procedure Act of 1977 – issue... 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.