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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
31 Jul 2025 Vodacom (Pty) Ltd v Makate and Another[2025] ZACC 13 Constitutional Court
12 Jun 2025 The State v Thabethe and Others[2025] ZASCA 88 · Application for leave to appeal – Criminal Procedure – reservation by State of questions of law under s 319(1) of the Criminal Procedure Act... Supreme Court of Appeal
12 Jun 2025 Ditlhakanyane v The State[2025] ZASCA 90 · Practice and procedure – special leave to appeal – s 17(2)(f) of the Superior Courts Act of 2013. Appeal – application for special leave to... Supreme Court of Appeal
30 May 2025 Selective Empowerment Investments 1 Ltd v Companies and Intellectual Property Commission[2025] ZASCA 71 · Public company – grounds for winding-up – failure to comply with statutory requirements of the Companies Act of 2008 (the Act) alternatively... Supreme Court of Appeal
30 May 2025 Rathebe v The State[2025] ZASCA 73 · Criminal Law – Criminal Procedure Act of 1977 (the CPA) – the proper approach to adopt where an accused person whose erstwhile co-accused wa... Supreme Court of Appeal
29 May 2025 Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another[2025] ZASCA 69 · Statutory appeal – s 149(1) of National Water Act of 1998 (NWA) – against decision of Water Tribunal – confined to question of law – what th... Supreme Court of Appeal
28 May 2025 Minister of Forestry, Fisheries and the Environment & Others v Badenhorst N.O. & Others[2025] ZASCA 68 · Administrative law – review under the Promotion of Administrative Justice Act of 2000 (PAJA), s 7(2) – failure to exhaust internal remedies... Supreme Court of Appeal
26 May 2025 Director of Public Prosecutions, Gauteng Division v Thato Molefe and Another (4172024)[2025] ZASCA 67 · Section 35(5) of the Constitution – defective search warrant – admissibility of evidence – unfair trial – administration of justice – public... Supreme Court of Appeal
20 May 2025 Set Square Developments (Pty) Ltd v Power Guarantees (Pty) Ltd and Another and a related matter (099/2023 and 150/24)[2025] ZASCA 64 · Contract Law – on-demand performance guarantees – liability of guarantor. 3 ________________________________________________________________... Supreme Court of Appeal
16 May 2025 Magudumana v Director of Public Prosecutions, Free State and Others[2025] ZASCA 62 · Criminal law – whether the appellant was arrested and abducted in Tanzania by members of South African Police Service – matter decided on re... Supreme Court of Appeal
16 May 2025 JR 209 Investments (Pty) Ltd and Others v Homeless People Housing Co-Operative Ltd and Others[2025] ZASCA 63 · Contempt of court – requirements restated – whether conduct met requirements – Co-operatives Act of 2005 – s 72 (1) – whether competent to r... Supreme Court of Appeal
14 May 2025 Msibithi Investments (Pty) Ltd and Others v African Legend Investment (Pty) Ltd and Others[2025] ZASCA 61 · Company Law – directors’ resolution – attack on basis of failure to comply with s of Companies Act of 2008 (the Act) – notice given – s comp... Supreme Court of Appeal
12 May 2025 Gilchrist v The State[2025] ZASCA 57 · Criminal Law and Procedure – s 93ter(1) of the Magistrates’ Court Act of 1944 – appellant legally represented – record stating no assessors... Supreme Court of Appeal
9 May 2025 Godfrey Alfred Ntuli v The State[2025] ZASCA 53 · Criminal law – hearsay evidence – cannot be admitted after the close of the state’s case – the trial court must rule on it before close of t... Supreme Court of Appeal
8 May 2025 Mothulwe v Labour Court, Johannesburg and Others[2025] ZACC 10 · Rescission — res judicata — section 34 of the Constitution — access to courts Constitutional Court
7 May 2025 Nakana v Claassens & Others[2025] ZASCA 52 · Criminal law – malicious prosecution – whether the Supreme Court of Appeal (the SCA) may interfere with the order of the Limpopo Division of... Supreme Court of Appeal
30 Apr 2025 Minister of Justice and Correctional Services and Others v Ntuli[2025] ZACC 7 · Correctional Services Policy Procedures on Formal Education Programmes — right to further education — use of personal computers in prison ce... Constitutional Court
25 Apr 2025 Johannes Frederick Gouws N O and Others v Johannes Petrus Erasmus Swarts N O[2025] ZASCA 48 · Law of Contract – verbal agreement – transfer of shares – whether a valid and legally binding purchase and sale agreement was concluded betw... Supreme Court of Appeal
25 Apr 2025 Sekabate v The State[2025] ZASCA 49 · Application for special leave referred to oral argument in terms of s 17 (2)(d) of the Superior Courts Act of 2013 – exceptional circumstanc... Supreme Court of Appeal
9 Apr 2025 South African Municipal Workers’ Union v Minister of Cooperative Governance and Traditional Affairs and Another[2025] ZACC 4 · Local Government: Municipal Systems Act 32 of 2000 — Declaration of constitutional invalidity — confirmation — municipal employees — limitat... Constitutional Court
8 Apr 2025 The Loan Company (Pty) Ltd v The National Credit Regulator and Another[2025] ZASCA 40 · National Credit Act, of 2005 – interpretation – sections 40(1), 40(3), 76(3), 100(1)(c),100(1)(d)(ii) and 151 – obligation to register as cr... Supreme Court of Appeal
1 Apr 2025 Uys N O and Others v National Credit Regulator and Another[2025] ZASCA 34 · National Credit Act of 2005 (NCA) – impugned transactions – whether the impugned transactions constitute credit agreements as defined by s 8... Supreme Court of Appeal
31 Mar 2025 Commissioner for the South African Revenue Service v Richards Bay Coal Terminal (Pty) Ltd[2025] ZACC 3 · Customs and Excise Act 91 of 1964 — tariff determination — section 47(9)(e) — wide appeal — review in terms of Promotion of Administrative J... Constitutional Court
31 Mar 2025 Obiang v Janse van Rensburg & Others[2025] ZASCA 30 · Civil Procedure – rescission of orders in terms of rule 42(1)(a) of Uniform Rules of Court – Service of legal process in substantial complia... Supreme Court of Appeal
31 Mar 2025 Aventino Ecotroopers Joint Venture and Others v The MEC for the Department of Roads and Transport, Gauteng Province and Others[2025] ZASCA 32 · Tender – tender validity period – extensions of the period – s of the Public Finance Management Act of 1999 – supply chain management policy... Supreme Court of Appeal
28 Mar 2025 Sumeil (Pty) Ltd v Coogal Finance (Pty) Ltd (In Liquidation) and Others[2025] ZASCA 27 · Claim for money payment on application – application of Plascon-Evans rule – Set-off – executory contract – reciprocal obligations – duty of... Supreme Court of Appeal
27 Mar 2025 Doorware CC v Mercury Fittings CC[2025] ZASCA 25 · Application for leave to appeal – dispute as to whether agreement exists – referred to oral evidence – interim interdict granted – applicant... Supreme Court of Appeal
26 Mar 2025 Bidvest Protea Coin Security (Pty) Ltd v Mandla Wellem Mabena[2025] ZASCA 23 · Section 17(2)(f) of the Superior Courts Act of 2013 – reconsideration of a decision of the Supreme Court of Appeal to refuse special leave t... Supreme Court of Appeal
24 Mar 2025 Ekapa Minerals (Pty) Ltd and Another v Sol Plaatje Local Municipality and Others[2025] ZACC 1 · [municipal property rates] — [principle of legality] — [section 172(1)(b)] — [just and equitable relief] — [review proceedings] Constitutional Court
20 Mar 2025 Medupe & Others v African National Congress & Others[2025] ZASCA 22 · Administrative law – constitution of a voluntary association – interpretation of rule 12.2.4 of the African National Congress constitution –... Supreme Court of Appeal
19 Mar 2025 Tosholo v Road Accident Fund[2025] ZASCA 21 · Civil Procedure – special plea of prior settlement – compromised claim – settlement agreement neither challenged nor rectified – Road Accide... Supreme Court of Appeal
13 Mar 2025 Haralambos Prokas N O and Others v Zoviflo (Pty) Ltd[2025] ZASCA 18 · Contract – interpretation of – whether Joint Venture Agreement (JVA) and Nominee Shareholders Agreement (NSA) concluded on the same day are... Supreme Court of Appeal
5 Mar 2025 The Road Accident Fund and Others v Hlatshwayo and Others (724/2023 and 724B/2023)[2025] ZASCA 17 · Civil procedure-whether it was competent for the full court to inquire into the issue of costs occasioned by the late settlement of two Road... Supreme Court of Appeal
12 Feb 2025 Ngcobo v The State[2025] ZASCA 12 · Criminal law – conviction – whether the trial court failed to exercise caution when considering the evidence of a single witness – whether t... Supreme Court of Appeal
10 Feb 2025 Manwadu v Manwadu and Others[2025] ZASCA 10 · Evidence – uncertified copy of Identity Document utilised to prove customary marriage – failure to produce certificate of marriage or coroll... Supreme Court of Appeal
31 Jan 2025 Magasela v The State (12572023)[2025] ZASCA 8 · Appeal against conviction and sentence – proof beyond a reasonable doubt – rejection of appellant’s version – not reasonably possibly true –... Supreme Court of Appeal
29 Jan 2025 Equistock Properties 8 (Pty) Ltd and Another v Oosthuizen and Others (7382023 and 7392023)[2025] ZASCA 6 · Civil Procedure – the requirements of a final interdict restated – authority to bring an application not established – personal costs order... Supreme Court of Appeal
15 Jan 2025 MEC for Health Eastern Cape v AS obo SS[2025] ZASCA 2 · Civil procedure – uniform rule 49 – condonation and reinstatement of appeal – discretion to condone not exercised judicially - delict – medi... Supreme Court of Appeal
27 Dec 2024 Zeal Health Innovations (Pty) Ltd v Minister of Defence and Military Veterans and Another[2024] ZASCA 183 · Procurement law and administrative law – court’s powers when contract declared constitutionally invalid – just and equitable remedy in terms... Supreme Court of Appeal
20 Dec 2024 Mawanda Makhala and Another v Director of Public Prosecutions, Western Cape[2024] ZACC 28 · Criminal Procedure Act 51 of 1977 — admissibility of recanted section 204 statements without other incriminating evidence — statements inadm... Constitutional Court
19 Dec 2024 N M v The Central Authority for the Republic of South Africa and Another[2024] ZASCA 178 · Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention) – whether a defence to the application for the... Supreme Court of Appeal
18 Dec 2024 Eskom Holdings Soc Ltd and Another v Sonae Arauco (Pty) Ltd[2024] ZASCA 177 · Electricity Regulation Act of 2006 (the Act) – Eskom and municipalities’ statutory obligations regarding loadshedding – legal nature of Code... Supreme Court of Appeal
11 Dec 2024 Smith v The Legal Practitioners’ Fidelity Fund Board[2024] ZASCA 170 · The Attorneys Act of 1979 – whether funds were ‘entrusted’, as contemplated in s 26(a) of the Attorneys Act – applicability of s 47(1)(g) –... Supreme Court of Appeal
2 Dec 2024 The Minister of Department of Rural Development and Land Reform and Others v Thamsanqa Davis Bisset[2024] ZASCA 164 · Land – compensation – s 42D of the Restitution of Land Rights Act of 1994 – settlement agreement – absence of concurrence – review – absence... Supreme Court of Appeal
13 Nov 2024 Nkomazi Local Municipality v The Valuation Appeal Board For The District of Ehlanzeni & Others[2024] ZASCA 155 · Administrative Law – review of Valuation Appeal Board’s decision dismissing the appeal on the valuation of the property – failure to give re... Supreme Court of Appeal
8 Nov 2024 Mbambisa and Others v Nelson Mandela Bay Metropolitan Municipality[2024] ZASCA 151 · Statutory interpretation – s of Local Government: Municipal Finance Management Act of 2003 (MFMA) – liability of municipal officials for una... Supreme Court of Appeal
6 Nov 2024 Merryweather v Scholtz and Another[2024] ZASCA 150 · Appeal – civil appeal from full court – trial court’s reliance on inadmissible evidence constituting an irregularity – appellant failed to d... Supreme Court of Appeal
4 Nov 2024 Mluleki Martin Chithi and Others v Minister of Rural Development and Land Reform and Others (1203/2021, 1334/2021 & 261/2022)[2024] ZASCA 149 · Land claims – restitution of land – Restitution of Land Rights Act of 1994 – claim for restitution of land on grounds of being a ‘community’... Supreme Court of Appeal
31 Oct 2024 Britton v Minister of Justice and Correctional Services and Others[2024] ZASCA 148 · Section 5(1)(a) of the Extradition Act of 1962 – finding of constitutional invalidity does not apply retrospectively – held that Constitutio... Supreme Court of Appeal
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

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.