385 judgments on file that touch evidence, newest first, each with the court's own file.
| Handed down | Judgment | Court |
|---|---|---|
| 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.