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Case law by topic

Judgments on jurisdiction

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

Handed downJudgmentCourt
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
4 Dec 2020 Louisah Basani Baloyi v Public Protector and Others[2020] ZACC 27 · Labour Relations Act 66 of 1995 — section 157(1) — concurrent jurisdiction — unlawful termination Constitutional Court
26 Nov 2020 Nkandla Local Municipality and Others v MEC for the Department of COGTA and Others[2020] ZASCA 153 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
4 Aug 2020 Road Traffic Management Corporation v Tasima (Pty) Limited; Tasima (Pty) Limited v Road Traffic Management Corporation[2020] ZACC 21 · Labour Relations Act 66 of 1995 — section 197 transfer — transfer of employment contracts — effective date of transfer — effect of public or... Constitutional Court
21 Jul 2020 Big G Restaurants (Pty) Limited v Commissioner for the South African Revenue Service[2020] ZACC 16 Constitutional Court
21 Jul 2020 Tjiroze and Appeal Board of the Financial Services Board[2020] ZACC 18 Constitutional Court
25 Jun 2020 Telkom SA SOC Limited v City of Cape Town and Another[2020] ZACC 15 · Electronic Communications Act 36 of 2005 — exercise of rights held in terms of section 22 — compliance with bylaws — licensee to pay “due re... Constitutional Court
17 Jun 2020 AB and Another v Pridwin Preparatory School and Others[2020] ZACC 12 · independent school contracts — fair process — appropriate justification — section 8(2) 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
29 May 2020 Economic Freedom Fighters v Gordhan and Others; Public Protector and Another v Gordhan and Others[2020] ZACC 10 · Interim interdict — remedial action of Public Protector — separation of powers — appealability of interim interdicts — prospects of success... Constitutional Court
26 May 2020 Mans v Mans[2020] ZACC 9 · Matrimonial Property Act 88 of 1984 — section 21 — postnuptial agreement — without sanction of a court — leave to appeal — interests of just... Constitutional Court
6 May 2020 Association of Mine Workers and Construction Union v Ngululu Bulk Carriers (Pty) Limited[2020] ZACC 8 · [section 191 Labour Relations Act] — [jurisdiction] — [characterisation of dispute] Constitutional Court
24 Mar 2020 Normandien Farms (Pty) Limited v South African Agency for Promotion of Petroleum Exploration and Exploitation SOC Limited and Others[2020] ZACC 5 · Mineral and Petroleum Resources Development Act 28 of 2002 — application for exploration right — mootness — interests of justice — punitive... Constitutional Court
20 Mar 2020 Member of the Executive Council for the Department of Health, Western Cape v Coetzee and Others[2020] ZACC 3 · Labour Relations Act 66 of 1995 — Public Service Act 103 of 1994 — definition of public service — Public Health and Social Development Secto... Constitutional Court
20 Mar 2020 Maswanganyi v Minister of Defence and Military Veterans and Others[2020] ZACC 4 · Termination of employment by the South African National Defence Force — ex lege (by operation of law) — pursuant to section 59(1)(d) of the... Constitutional Court
20 Feb 2020 Competition Commission of South Africa v Standard Bank of South Africa Limited Competition Commission of South Africa v Standard Bank of South Africa Limited Competition Commission of South Africa v Waco Africa (Pty) Limited CCT 158/18, 179/18 and 218/18[2020] ZACC 2 · [Competition Commission Rules] — [Rule 15] — [access to record of investigation] — [public access to information] — [section 32(1) of the Co... Constitutional Court
23 Jan 2020 Association of Mine Workers and Construction Union and Others v Royal Bafokeng Platinum Mine Limited and Others[2020] ZACC 1 · Labour Relations Act 66 of 1995 — constitutionality of sections 23(1)(d) and 189(1) — principle of majoritarianism — retrenchment — consulta... Constitutional Court
26 Nov 2019 Amalungelo Workers’ Union and Others v Philip Morris South Africa (Pty) Limited and Another[2019] ZACC 45 · Basic Conditions of Employment Act 75 of 1997 — Section 77 — Labour Court’s jurisdiction — Labour inspector’s functions Constitutional Court
10 Sep 2019 Dykema v Malebane and Another (South African Association of Consulting Professional Planners as Amicus Curiae)[2019] ZACC 33 · Chapters V and VI of the Development Facilitation Act 67 of 1995 — suspension of declaration of invalidity — expiration of suspension withou... Constitutional Court
20 Aug 2019 Mwelase and Others v Director- General for the Department of Rural Development and Land Reform and Another[2019] ZACC 30 · Land Reform (Labour Tenants) Act 3 of 1996 — appointment of a special master by Land Claims Court — separation of powers — not overreach of... 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
27 Jun 2019 General Council of the Bar of South Africa v Jiba and Others CCT192/18 27 June 2019[2019] ZACC 23 · Admission of Advocates Act 74 of 1964 — unethical conduct — fit and proper person test — dismissed for lack of jurisdiction Costs — litigati... Constitutional Court
17 May 2019 Shipalana v S[2019] ZACC 20 · Application for leave to appeal — sentence and conviction — common purpose — interests of justice Constitutional Court
17 May 2019 Muhanelwa v Gcingca[2019] ZACC 21 · Jurisdiction — no constitutional issue or arguable point of law of general public importance — not in interests of justice to grant leave to... Constitutional Court
3 May 2019 Makhokha v S[2019] ZACC 19 Constitutional Court
9 Apr 2019 Kruger v National Director of Public Prosecutions[2019] ZACC 13 · Jurisdiction — Purely factual issue does not raise jurisdiction — No constitutional or legal issue Prescription — Prescription Act 68 of 196... 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
28 Feb 2019 Buffalo City Metropolitan Municipality v Metgovis (Pty) Limited[2019] ZACC 9 · Section 217 of the Constitution — development of the common law relating to tacit agreements entered into with organs of state Jurisdiction... Constitutional Court
19 Feb 2019 Cloete and Another v S (Legal Aid South Africa as Amicus Curiae); Sekgala v Nedbank Limited[2019] ZACC 6 · Appeal — section 17(2)(f) of the Superior Courts Act 10 of 2013 — Constitutional Court jurisdiction Constitutional Court
14 Feb 2019 Jacobs and Others v S[2019] ZACC 4 · [Appeal from the Full Court] — [The doctrine of common purpose] — [jurisdiction] — [whether matter consists of a constitutional principle] [... Constitutional Court
7 Feb 2019 Stokwe v Member of the Executive Council: Department of Education, Eastern Cape and Others[2019] ZACC 3 · [Appeal from the Labour Court] — [Employment of Educators Act] — [Schedule 2 item 2(g)] — [disciplinary proceedings must be concluded in the... Constitutional Court
1 Feb 2019 Competition Commission of South Africa v Hosken Consolidated Investments Limited and Another[2019] ZACC 2 · [Competition Act 89 of 1998] — [chapter 3] — [mergers] — [section 12(2)] — [forms of control] — [notifiability of a merger] [Once-off princi... Constitutional Court
11 Dec 2018 Law Society of South Africa and Others v President of the Republic of South Africa and Others (South Africa Litigation Centre and Centre for Applied Legal Studies as Amicus Curiae)[2018] ZACC 51 · Constitution — sections 231, 232, 7(1)-(2), 8(1) — Prematurity — constitutionality of the President’s signing of the 2014 Protocol — suspens... Constitutional Court
28 Sep 2018 S.O.S Support Public Broadcasting Coalition and Others v South African Broadcasting Corporation (SOC) Limited and Others[2018] ZACC 37 · Competition Act 89 of 1998 — notifiable merger — Competition Commission — investigatory powers — Part B of Chapter 5 of the Competition Act... 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
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
21 Sep 2018 MediaSummary - Buffalo City v Nurcha Development Finance[2018] ZASCA 122 Supreme Court of Appeal
3 Sep 2018 M T v The State; A S B v The State and Johannes September v The State[2018] ZACC 27 · Criminal Law Amendment Act 105 of 1997 — section 51(1) — minimum sentences — exclusion from charge sheet Leave to appeal — inherent power of... Constitutional Court
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
27 Jun 2018 Booysen v Minister of Safety and Security[2018] ZACC 18 · Delict — vicarious liability — deviation case — police officer — domestic violence — police firearm Constitutional Court
21 May 2018 Where a claim for the cancellation of lease agreements, and the eviction of the tenants, is based only on the terms of the agreements, and not on the title of the lessor, the court of the tenants’ domicile, and of the place where the contracts were concluded, has concurrent jurisdiction with that of the forum rei sitae. Ignorance of a term of the leases entitling the lessor to cancel in the event of a surety’s sequestration not a justus error on the facts. Mostert and Others v Nash and[2018] ZASCA 62 · Pension fund – curatorship in terms of s 5(2) of Financial Institutions (Protection of Funds) Act of 2001 – trustee’s remuneration – court o... Supreme Court of Appeal
10 May 2018 Immovable property purchased by disqualified person in contravention ofthe Group Areas Act 36 of 1966 – registered owner seeking eviction of testamentaryheir of purchaser – defence that registered owner holding property as nominee onbehalf of purchaser – such a claim in terms of s 3 of Restitution of Land Rights Act 22of 1994 – exclusive jurisdiction of Land Claims Court – eviction action stayed in termsof s 19(d) of Superior Courts Act 10 of 2013 pending action before Land Claims Cour[2018] ZASCA 56 · Administrative action – whether the determination of a methodology used to regulate gas prices under s 21(1)(p) of the Gas Act of 2001 is ad... Supreme Court of Appeal
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
25 Jan 2010 Rikhotso v Premier, Limpopo Province[2021] ZACC 1 · Constitution — section 34 — access to courts Constitution — section 33 — just administrative action Constitutional Court
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.