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Case law by topic

Judgments on leave to appeal

513 judgments on file that touch leave to appeal, newest first, each with the court's own file.

Handed downJudgmentCourt
27 Feb 2018 Loni v Member of the Executive Council, Department of Health, Eastern Cape, Bhisho[2018] ZACC 4 Constitutional Court
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
23 Feb 2018 175.48 KB Appeal against refusal of petition for leave to appeal against conviction and sentence for robbery with aggravating circumstances – no reasonable prospects of success concerning conviction – concerning sentence, trial court appeared not to have taken into account period of about three and a half years spent by appellants awaiting trial – reasonable prospects of success on appeal against sentence. DPP v Booysen[2018] ZASCA 7 · Criminal law and procedure – minimum sentence legislation - respondent convicted on two counts of murder and one count of robbery with aggra... Supreme Court of Appeal
2 Feb 2018 212.43 KB Procedure – s 17(2)(f) of the Superior Courts Act 10 of 2013 – exceptional circumstances warranting an order for the reconsideration and variation of the dismissal of the application for leave to appeal not established – application dismissed. Frieslaar NO v Ackerman[2017] ZASCA 3 · Prescription: extinctive prescription: Prescription Act of 1969, ss 10, and 12: obligation to pay transfer costs and to transfer property so... Supreme Court of Appeal
2 Feb 2018 129.44 KB Appeal – whether the high court should have granted leave to appeal to it against a conviction of attempted rape – reasonable prospect of a finding that the intention to penetrate was not established beyond reasonable doubt – appropriate to dispose of appeal without oral hearing – appeal upheld and leave granted to appeal to high court. Hendrik Petrus Hough v Mzubanzi Sisilana and others[2018] ZASCA 4 · Procedure – s 17(2)(f) of the Superior Courts Act of 2013 – exceptional circumstances warranting an order for the reconsideration and variat... Supreme Court of Appeal
2 Dec 2017 Phakane v S[2017] ZACC 44 Constitutional Court
22 Nov 2017 112.33 KB Criminal law and procedure – application for leave to appeal against appeal court striking off application for leave to appeal against its order in terms of the Superior Court Act 10 of 2013 – application for leave to appeal pending at promulgation of Act 10 of 2013 – Act not only regulating procedural issues but substantive rights as well – prospective only – applicable legislation Supreme Court Act 59 of 1959. The Commissioner for SARS v Reunert Ltd[2017] ZASCA 153 · Liability for income tax: Whether commission earned in terms of agreement accrued to taxpayer: proper interpretation of agreement: language,... Supreme Court of Appeal
15 Nov 2017 175.61 KB Criminal Procedure – appeal against conviction – leave to appeal refused by magistrate – petition refused by the courts a quo – special leave to appeal against conviction granted by the Supreme Court of Appeal – Section 309 of the Criminal Procedure Act – whether leave to appeal ought to have been granted. Qhinga v State[2017] ZASCA 149 · Evidence – pointing-out – trial-within-a trial – after pointing out ruled admissible, no evidence in record to prove contents of pointing-ou... Supreme Court of Appeal
21 Aug 2017 93.58 KB Appeal – application for leave to appeal against convictions dismissed by regional magistrate - petition refused by the court a quo- special leave to appeal against the dismissal of petition granted to Supreme Court of Appeal – whether leave to appeal ought to have been granted by court a quo - whether there are reasonable prospects of success. Mathekola v State[2017] ZASCA 100 · Section 17(2)(f) of the Superior Courts Act of 2013 – reconsideration of dismissal of petition for leave to appeal – co-accused of applicant... Supreme Court of Appeal
18 Aug 2017 96.62 KB Section 17(2)(f) of the Superior Courts Act 10 of 2013 – reconsideration of dismissal of petition for leave to appeal – co-accused of applicant having been granted leave to appeal on petition and having succeeded in his appeal – applicant’s prospects of success on appeal strong – leave to appeal granted. Minister of Justice and Correctional Services v Walus[2017] ZASCA 99 · Parole – application therefor brought by respondent serving sentence of life incarceration for murder in terms of s 136(1) of the Correction... Supreme Court of Appeal
31 Mar 2017 187.68 KB Conviction and Sentence – special leave to appeal – reasonable prospects of success on appeal against conviction to the high court, and special circumstances present which would justify the grant of special leave to appeal to the high court – failure by the trial court to take account of inconsistencies in written statement and oral testimony of single witness – failure to consider elements of charge of attempt to steal a motor vehicle – leave to appeal to high court granted.[2017] ZASCA 48 · Intellectual property: claim for patent infringement: s 45 Patents Act of 1978: extent of protection determined by wording of claims: claims... Supreme Court of Appeal
23 Mar 2017 205.47 KB Maintenance of surviving spouse – ss 2 and 3 of the Maintenance of Surviving Spouses Act 27 of 1990 – requisites of Act not satisfied – Special leave to appeal in terms of s 17(2)(d) of the Superior Courts Act 10 of 2013 – appeal upheld. Steyn Lyell Maeyane Attorneys v Oelofse[2017] ZASCA 18 · Written undertaking given by a firm of practising attorneys : whether it constituted an unconditional guarantee to make payment itself : hav... Supreme Court of Appeal
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

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.