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Case law by topic

Judgments on jurisdiction

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

Handed downJudgmentCourt
29 Sep 2022 Centre for Child Law v Director for Public Prosecutions , Johannesburg and Others[2022] ZACC 35 · Drugs and Drug Trafficking Act 140 of 1992 — constitutionality of section 4(b) — order of constitutional invalidity confirmed Section 28 of... Constitutional Court
26 Sep 2022 Nhlapo v The State[2022] ZASCA 125 · Criminal law and procedure – sentence in excess of the prescribed minimum for robbery – whether effective sentence of years’ imprisonment fo... 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
20 Sep 2022 William Grobler v Clara Philips and Others[2022] ZACC 32 · Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — section 4(7) — factors to be taken into account — evict... Constitutional Court
20 Jul 2022 Seebed CC t/a Siyabonga Convenience Centre v Engen Petroleum Limited[2022] ZACC 28 · Petroleum Products Act 120 of 1977 — Section 12B Arbitration Referral — Stay of Proceedings Termination of Lease Agreement — Eviction Procee... Constitutional Court
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 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
4 Jul 2022 Merifon (Pty) Limited v Greater Letaba Municipality and Another[2022] ZACC 25 · legality — enforceability of agreement — section 19 of the Local Government Municipal Finance Management Act 56 of 2003 — peremptory statuto... 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
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
30 Mar 2022 Adams Damon v City of Cape Town[2022] ZACC 13 · Unfair discrimination — reasonable accommodation — inherent requirements of a job — disability law — importance of pleadings in determining... 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
15 Mar 2022 Andrew Tuee Baloyi N.O. and Others v Pawn Stars CC and Another[2022] ZACC 10 · Rule 46A of the Uniform Rules of Court — legal persons and trusts — determination of alleged constitutional issue not reasonably necessary f... Constitutional Court
11 Mar 2022 Municipal Employees Pension Fund and Another v Dineo Innolentia Mongwaketse[2022] ZACC 9 · Pension Funds Act 24 of 1956 — definitions of “complainant” and “complaint” — purported admission to membership of ineligible member — wheth... 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
1 Mar 2022 Commercial Stevedoring Agricultural and Allied Workers Union and Others v Oak Valley Estates (Pty) Limited and Another[2022] ZACC 7 · Right to strike — final interdict — leave to appeal is granted — interdictory relief is only competent if respondents are linked to the actu... Constitutional Court
28 Feb 2022 National Education, Health and Allied Workers Union v Minister of Public Service and Administration and others CCT 21/21 ; National South African Democratic Teachers Union and Others v Department of Public Service and Administration and Others CCT 28/21;[2022] ZACC 6 · Sections 213, 215 and 216 of the Constitution — regulations 78 and 79 of the Public Service Regulations — collective bargaining Leave to app... Constitutional Court
17 Feb 2022 Mineral Sands Resources Propriety Limited and Another v Christine Reddell and Others[2022] ZACC 37 · Defamation — abuse of process — SLAPP suit defence — ulterior purpose — consideration of the merits 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
11 Feb 2022 Cash Paymaster Services (Pty) Limited (In Liquidation) and Others v Freedom Under Law NPC & Others[2022] ZACC 2 · Joinder — direct and substantial interest — such not shown Variation of order — provisional liquidators — section 359(1)(a) of Companies Act... Constitutional Court
30 Dec 2021 Desta Abore v Minister of Home Affairs and Another[2021] ZACC 50 · Refugees Act 130 of 1998 — applicability of provisions of the Refugees Amendment Act 11 of 2017 — date of intention to apply for asylum — pr... Constitutional Court
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
13 Dec 2021 Bester N.O. and Others v Quintado 120 (Pty) Ltd[2021] ZACC 49 · Liquidation — factual enquiry — directing mind of the company test — misapplication of legal test — no jurisdiction 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
12 Nov 2021 Union for Police, Security and Corrections Organisation v South African Custodial Management (Pty) Limited and Others[2021] ZACC 41 Constitutional Court
5 Nov 2021 Kgabagare David Langa v The Premier of the Limpopo Province[2021] ZACC 38 Constitutional Court
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
4 Oct 2021 Premier, Gauteng and Others v Democratic Alliance and Others; African National Congress v Democratic Alliance and Others[2021] ZACC 34 · Section 139(1) of the Constitution — dissolution — exceptional circumstances — 14(4) of Schedule 1 of the Local Government: Municipal System... Constitutional Court
28 Sep 2021 Former Way Trade and Ivest (Pty) Limited v Bright Idea Projects 66 (Pty) Limited t/a All Fuels and Another[2021] ZACC 33 · Petroleum Products Act 120 of 1977 — section 12B of the Petroleum Products Act does not oust the High Court’s jurisdiction — referral of a f... Constitutional Court
18 Sep 2021 Electoral Commission of South Africa v Minister of Cooperative Governance and Traditional Affairs and Others[reasons for judgment][2021] ZACC 29 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
7 Sep 2021 Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Limited[2021] ZACC 26 · Appeal from the Labour Court — costs — no reasons from the Labour Court for departure from the general rule that costs do not follow the res... 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
6 Jul 2021 Crompton Motors CC v Bright Idea Projects (66) (Pty) Ltd[2021] ZACC 24 · Petroleum Products Act 120 of 1977 — Section 6 of the Arbitration Act 42 of 1965 — stay of proceedings — referral to statutory arbitration —... 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
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
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
4 Jun 2021 Ingosstrakh v Global Aviation Investments (Pty) Ltd and Others[2021] ZASCA 69 · Civil Procedure – default judgment – appellant under bar – whether good cause shown for upliftment thereof. Contract – jurisdiction – where... 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
30 Apr 2021 Impact Financial Consultants CC and Another v Bam NO and Others[2021] ZASCA 54 · Ombud for Financial Services – Financial Advisory and Intermediary Services Act of 2002 – the nature of the financial product to be identifi... Supreme Court of Appeal
16 Apr 2021 David Wilkinson v Georgina Elizabeth Crawford N.O[2021] ZACC 8 · Trust Deed — interpretation — freedom of testation — public policy — section 39(2) of the Constitution Constitutional Court
23 Dec 2020 Municipal Employees Pension Fund v Mongwaketse[2020] ZASCA 181 · Pension fund – acceptance as member of person not qualified to be a member – acceptance contrary to rules of fund – ultra vires and void – m... 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.