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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
4 Feb 2022 Speaker of the National Assembly v Public Protector and Others and Democratic Alliance v Public Protector and Others[2022] ZACC 1 · Section 194 of the Constitution — rules of the National Assembly — removal of a Chapter 9 institution office-bearer Separation of powers — a... Constitutional Court
30 Dec 2021 Post Office Retirement Fund v South African Post Office SOC Ltd and Others[2021] ZASCA 186 · Posts and Telecommunications-Related Matters Act of 1958 – rules of Post Office Retirement Fund (the Fund) – rule requires the South African... Supreme Court of Appeal
13 Dec 2021 Burger N.O. and Others v Bester N.O. and Others[2021] ZACC 48 · Power of a single trustee to conclude loan agreement on trust’s behalf — use of trust to channel funds to company — factual disputes — no ar... Constitutional Court
10 Dec 2021 National Union of Metal Workers of South Africa v Commission for Conciliation Mediation and Arbitration and Others[2021] ZACC 47 · Labour Law — Collective bargaining — Bargaining councils — Dispute about demarcation between sectors and areas — Section 62 of the LRA Demar... Constitutional Court
9 Dec 2021 Minister of Police v Shawn Bosman & Others[2021] ZASCA 172 · Criminal law and procedure – Criminal Procedure Act of 1977 – sections 40(1)(b), (f) and (h) – unlawful arrest and detention – whether the r... Supreme Court of Appeal
22 Oct 2021 The Residents of Industry House and Others v The Minister of Police and Others[2021] ZACC 37 · South African Police Service Act 68 of 1995 — constitutionality of section 13(7)(c) — order of constitutional invalidity confirmed — right t... Constitutional Court
19 Oct 2021 Mlungisi Wellington Booi v Amathole District Municipality and Others[2021] ZACC 36 · Labour Relations Act 66 of 1995 — remedy of reinstatement — section 193(2)(b) demands that intolerability of continued employment relationsh... Constitutional Court
15 Oct 2021 Competition Commission of South Africa v Mediclinic Southern Africa (Pty) Ltd and Another[2021] ZACC 35 · section 12A of the Competition Act 89 of 1998 — substantial lessening of competition — impact of a merger on competition —impact on section... Constitutional Court
23 Sep 2021 Traxys Africa Holdings Ltd and Another v Westbrook Resources Ltd[2021] ZASCA 122 · Partly oral and partly written agreements – whether the terms of the oral parts of the agreements included an obligation on the part of the... Supreme Court of Appeal
23 Sep 2021 Somali Association of South Africa and Others v The Refugee Appeal Board and Others[2021] ZASCA 124 · Applications for refugee status – duty on decision-maker to assist asylum seeker to obtain as full a picture as possible on which to predica... Supreme Court of Appeal
22 Sep 2021 Chairperson of the Council of the University of South Africa and Others v Afriforum NPC[2021] ZACC 32 · University language policy — phasing out of Afrikaans as a language of teaching and learning — limitation of section 29(2) of the Constituti... Constitutional Court
20 Sep 2021 Democratic Alliance v Electoral Commission of South Africa and Others [review application][2021] ZACC 30 · [Urgent application] — [direct access] — [free and fair elections] [local government election timetable] — [voter registration weekend] — [c... Constitutional Court
17 Sep 2021 Jacob Gedleyihlekisa Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture & Others [Rescission Application][2021] ZACC 28 · Rescission — urgent application — direct access — rule 42 of the Uniform Rules of Court and common law of rescission Res judicata — functus... Constitutional Court
6 Sep 2021 Director of Public Prosecutions Western Cape v Lee Nigel Tucker[2021] ZACC 25 · Section 10 of the Extradition Act 67 of 1962 — magistrate’s powers — extradition enquiry Leave to appeal dismissed — magistrate is entitled... Constitutional Court
29 Jun 2021 Secretary of the Judicial Commission of inquiry into Allegation of State Capture, Corruption and Fraud In the Public Sector Including Organ of State v Jacob Gedleyihlekisa Zuma[2021] ZACC 18 · Rule of law — judicial integrity — vindicating the honour of courts Contempt of court — urgent application — direct access — duty to comply... Constitutional Court
29 Jun 2021 The Public Protector v The President of the Republic of South Africa and Others[2021] ZACC 19 · Executive Members’ Ethics Act 82 of 1998 — direct appeal — Public Protector Act 23 of 1994 —CR17 donations —complaints under the Code — pers... Constitutional Court
22 Jun 2021 National Union of Mineworkers and Others v SAMANCOR Limited and Others[2021] ZACC 16 · Appeal from the Labour Appeal Court — costs — no reasons from Labour Appeal Court for departure from the general rule that costs 2 follow th... Constitutional Court
22 Jun 2021 Mduduzi Shembe and Others v Ntombifikile Primrose Shembe N.O[2021] ZACC 17 Constitutional Court
18 Jun 2021 Hirt & Carter (Pty) Ltd v IT Arntsen N O and Others[2021] ZASCA 85 Supreme Court of Appeal
17 Jun 2021 McGregor v Public Health and Social Development Sectoral Bargaining Council and Others[2021] ZACC 14 · Labour Relations Act 66 of 1995 — unfair dismissal — sexual harassment — compensation for procedural unfairness — section 193(2)(c) and sect... Constitutional Court
17 Jun 2021 Media summary Beukes v Ten Four Consulting and Others[2021] ZASCA 83 · Arbitration – review of award – Arbitration Act of 1965, s 33(1)(a) and (b) – misconduct of arbitrator – gross irregularity in the conduct o... Supreme Court of Appeal
11 Jun 2021 University of Johannesburg v Auckland Park Theological Seminary and Another[2021] ZACC 13 · Contract — delectus personae — contractual interpretation — admissibility of contextual evidence — parol evidence rule — permissibility of c... Constitutional Court
5 May 2021 Rajivee Soni v The State (Case no 4652019)[2021] ZASCA 57 · Criminal appeal – appeal against conviction and sentence – whether pattern of evidence proved guilt of the accused beyond a reasonable doubt... Supreme Court of Appeal
3 May 2021 Bobroff and Another v The National Director of Public Prosecutions[2021] ZASCA 56 · Prevention of Organised Crime Act 121 of 1998 – jurisdiction – power of high court to make a forfeiture order in respect of property situate... Supreme Court of Appeal
13 Apr 2021 Jacob Gedleyihlekisa Zuma v Democratic Alliance and Economic Freedom Fighters[2021] ZASCA 39 · Review application – delay – State Attorney Act of 1957 – neither s 3(1), nor s 3(3), authorises the State to cover private legal costs – wh... Supreme Court of Appeal
15 Dec 2020 The Public Protector v Commissioner of SARS and Others[2020] ZACC 28 · Does the power to subpoena under the Public Protector Act trump the proscription under the Tax Administration Act of the disclosure of confi... Constitutional Court
30 Nov 2020 SA Airlink v SAA (SOC) Limited and Others[2020] ZASCA 156 · Company Law – business rescue – revenue received by first respondent shortly prior to being placed under business rescue – appellant preclud... Supreme Court of Appeal
27 Nov 2020 Doorewaard and Another v The State[2020] ZASCA 155 · Mutually destructive versions – evidence of a single witness – corroboration of evidence of a single witness – duty to call important witnes... Supreme Court of Appeal
5 Oct 2020 Altech Radio Holdings (Pty) Limited and Others v City of Tshwane Metropolitan Municipality[2020] ZASCA 122 · Legality review – delay – whether delay unreasonable – whether delay should be condoned. ___________________________________________________... Supreme Court of Appeal
16 Sep 2020 Ramabele v The State; Msimango v The State[2020] ZACC 22 · Fair trial rights — postponement for legal representation of choice — judicial bias — unreasonable delays — section 342A of the Criminal Pro... Constitutional Court
16 Sep 2020 National Union of Metal Workers of South Africa and Others v Aveng Trident Steel (A Division of Aveng Africa (Pty) Limited) and Another[2020] ZACC 23 · Section 187(1)(c) of the Labour Relations Act 66 of 1995 — demand — automatically unfair dismissals — operational requirements — consultatio... Constitutional Court
21 Jul 2020 Tjiroze and Appeal Board of the Financial Services Board[2020] ZACC 18 Constitutional Court
17 Jun 2020 Beadica 231 CC and Others v Trustees For The Time Being of Oregon Trust and Others[2020] ZACC 13 · Law of contract — public policy grounds upon which a court may refuse to enforce contractual terms — the proper role of fairness, reasonable... Constitutional Court
17 Jun 2020 Van der Walt v S[2020] ZACC 19 · Law of contract — public policy grounds upon which a court may refuse to enforce contractual terms — the proper role of fairness, reasonable... Constitutional Court
11 Dec 2019 Tshabalala v S (Commissioner for Gender Equality and Centre for Applied Legal Studies as Amici Curiae); Ntuli v S[2019] ZACC 48 · Common law rape — Doctrine of common purpose — instrumentality Constitutional Court
4 Dec 2019 Centre For Child Law and Others v Media 24 Limited and Others[2019] ZACC 46 · Criminal Procedure Act — section 154(3) — identity of child victims — ongoing identity protection — competing constitutional rights — equali... Constitutional Court
22 Oct 2019 Moyo and Another v Minister of Police and Others (Right2Know Campaign as Amicus Curiae); Sonti and Another v Minister of Police and Others[2019] ZACC 40 · Intimidation Act 72 of 1982 — constitutionality of section 1(1)(b) and section 1(2) — provisions are unconstitutional Constitutional Court
10 Oct 2019 Gelyke Kanse and Others v Chairperson of the Senate of the University of Stellenbosch and Others[2019] ZACC 38 · Section 29(2) of the Constitution — “reasonably practicable” — constitutionality of the language policy of the University of Stellenbosch —... Constitutional Court
28 Sep 2019 Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others (Global Initiative to end all Corporal Punishment of Children, Dullah Omar Institute for Constitutional Law Governance and Human Rights, and Parent Centre as[2019] ZACC 34 · minor — assault with intent to do grievous bodily harm — common law defence of reasonable and moderate chastisement — best interests of the... Constitutional Court
22 Aug 2019 De Klerk v Minister of Police[2019] ZACC 32 · Delict — unlawful detention — legal causation — unlawful remand Constitutional Court
3 Jul 2019 Competition Commission of South Africa v Media 24 (Pty) Limited[2019] ZACC 26 · Competition Act — section 8(c) — predatory pricing — cost standards Jurisdiction — arguable point of law — matter of general public importan... Constitutional Court
28 Jun 2019 National Union of Metalworkers South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others (Casual Workers Advice Office as Amicus Curiae)[2019] ZACC 25 · Labour Relations Act 66 of 1996 — unfair dismissal — derivative misconduct — violent strike Constitutional Court
27 Jun 2019 S v S and Another CCT147/18 27 June 2019[2019] ZACC 22 · Superior Courts Act 10 of 2013 — constitutionality of section 16(3) Uniform Rules of Court — rule 43 Best interests of the child — equality... Constitutional Court
26 Mar 2019 Nekokwane v Road Accident Fund[2019] ZACC 11 · Road Accident Fund Act 56 of 1996 — whether injuries fall within ambit of sections 17 and 20 Jurisdiction — misapplication of legislation do... Constitutional Court
19 Feb 2019 Long v South African Breweries (Pty) Limited and Others; Long v South African Breweries (Pty) Limited and Others[2019] ZACC 7 · Labour Relations Act 66 of 1995 — fail labour practices — hearing prior to precautionary suspension Labour Relations Act 66 of 1995 — costs... Constitutional Court
11 Dec 2018 - Haarhoff & another v Director of Public Prosecutions, Eastern Cape[2018] ZASCA 184 Supreme Court of Appeal
28 Nov 2018 Amardien and Others v Registrar of Deeds and Others (Women's Legal Trust as Amicus Curiae)[2018] ZACC 47 · Alienation of Land Act 68 of 1981 — sections 19, 20 and 26 — purchaser not obliged to make payment until recordal complete by seller Nationa... Constitutional Court
9 Nov 2018 - Sasol Oil v CSARS[2018] ZASCA 153 Supreme Court of Appeal
6 Nov 2018 South African Commercial Catering and Allied Workers Union and Others v Woolworths (Pty) Limited[2018] ZACC 44 · Labour Relations Act — section 189A(19) — retrenchment — dismissal for operational requirements Substantive unfairness — operationally justi... Constitutional Court
1 Nov 2018 - RAF v Kerridge[2018] ZASCA 151 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.