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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
13 Jun 2024 KSL v AL[2024] ZASCA 96 · Civil procedure – anti-dissipation interdict – whether requirements for an interim anti-dissipation interdict are satisfied – whether intent... Supreme Court of Appeal
13 Jun 2024 AIG South Africa Limited v 43 Air School Holdings (Pty) Ltd and Others[2024] ZASCA 97 · Insurance law – interpretation of insurance policy – policy providing cover for loss resulting from interruption of business due to notifiab... Supreme Court of Appeal
10 Jun 2024 Edward Nathan Sonnenberg Inc v Hawarden[2024] ZASCA 90 · Delictual claim – claim for pure economic loss caused by omission – wrongfulness – risk of indeterminate liability – vulnerability to risk –... Supreme Court of Appeal
7 Jun 2024 Tyte Security Services CC v Western Cape Provincial Government and Others[2024] ZASCA 88 · Section of Superior Courts Act of 2013 – leave to execute pending appeal – requirements of exceptional circumstances and irreparable harm co... Supreme Court of Appeal
7 Jun 2024 Mabena v The State[2024] ZASCA 89 · Criminal Law – Sentencing – Convictions of robbery with aggravating circumstances and attempted murder – whether sentence for each convictio... Supreme Court of Appeal
31 May 2024 City of Ekurhuleni Metropolitan Municipality In re: Unlawful Occupiers: 1 Argyl Street and Others v Rohlandt Holdings CC and Others[2024] ZACC 10 · Prenuptial agreement — providing for maintenance — pleaded as unspecified donation — Divorce Act 70 of 1979 — section 7 — not triggered Pren... Constitutional Court
28 May 2024 City of Ekurhuleni Metropolitan Municipality v Tshepo Gugu Trading CC and Another[2024] ZASCA 81 · Property law – spoliation (mandament van spolie) requirements – municipality dismantling and removing respondent’s billboard on municipal la... Supreme Court of Appeal
27 May 2024 Snowy Owl Properties 284 (Pty) Ltd and Others v Mziki Share Block Limited[2024] ZASCA 79 · Interdict – infringement of rights conferred by servitude - appeal against a final order – defences raised against grant of the interdict de... Supreme Court of Appeal
27 May 2024 George Hlaudi Motsoeneng v South African Broadcasting Corporation Soc Ltd and Others[2024] ZASCA 80 · Application in terms of s 17(2)(f) of the Superior Courts Act of 2013 – absence of exceptional circumstances – application dismissed. 2 ____... Supreme Court of Appeal
22 May 2024 D H B v C S B[2024] ZACC 9 · Prenuptial agreement — providing for maintenance — pleaded as unspecified donation — Divorce Act 70 of 1979 — section 7 — not triggered Pren... Constitutional Court
21 May 2024 Regenesys Management (Pty) Ltd t/a Regenesys v Ilunga and Others[2024] ZACC 8 · Employees’ posts declared redundant — inadequate consultation — employees required to apply for own positions unsuccessful — selection crite... Constitutional Court
20 May 2024 Electoral Commission of South Africa v Umkhonto Wesizwe Political Party and Others[2024] ZACC 6 · [Recusal] — [double requirement of reasonableness] — [narrow and defined legal issue] — [no reasonable apprehension of bias] [Section 47(1)(... Constitutional Court
20 May 2024 (A)African Congress for Transformation v Electoral Commission of South Africa CCT 106/24; (B)Labour Party of South Africa v Electoral Commission of South Africa and Others CCT 113/24; (C)Afrikan Alliance of Social Democrats v Electoral Commission of South[2024] ZACC 7 · Electoral Act 73 of 1998 — compliance with election timetable — free and fair elections — section 19 of the Constitution — direct access — l... Constitutional Court
14 May 2024 Independent South African National Civic Organisation v Ramosie and Another[2024] ZAEC 18 · Review in terms of s of the Electoral Commission Act of 1996 read with rule of the Electoral Court Rules – application is late – not accompa... Electoral Court
8 May 2024 Maritz v The State[2024] ZASCA 72 · Recusal application – refusal by a judge to recuse herself before sentencing in a criminal trial – onus rests on the appellant to discharge,... Supreme Court of Appeal
6 May 2024 President of the Republic of South Africa and Another v Tembani and Others[2024] ZACC 5 · Prescription — delictual claims for damages — unconstitutionality of President’s conduct a component of alleged wrongfulness — whether compl... Constitutional Court
6 May 2024 The DPP Western Cape v Bongo[2024] ZASCA 70 · Reservation of questions of law in terms of s 319 of the Criminal Procedure Act of 1977 – what constitutes a question of law – misdirection... Supreme Court of Appeal
30 Apr 2024 Democratic Alliance v Minister of Co-operative Governance and Traditional Affairs[2024] ZASCA 65 · Constitutional law – section of the Disaster Management Act of 2002 – constitutional challenge – whether delegation of plenary legislative p... Supreme Court of Appeal
26 Apr 2024 Umkhonto Wesizwe Political Party and Another v Electoral Commission of South Africa and Others[2024] ZAEC 5 · Appeal against the Electoral Commission’s decision upholding the objection lodged in terms of s of the Electoral Act of 1998 – whether the E... Electoral Court
25 Apr 2024 Tumelo Mafisa v Road Accident Fund[2024] ZACC 4 · Road Accident Fund — settlement agreement — High Court’s unilateral alteration of settlement agreement irregular and improper Constitutional Court
24 Apr 2024 Director of Public Prosecutions, Eastern Cape, Makhanda v Coko (Women's Legal Centre Trust, Initiative for Strategic Litigation in Africa and Commission for Gender Equality intervening as Amici Curiae)[2024] ZASCA 59 · Criminal law and procedure – rape – consent to an act of sexual penetration – nature of consent – appeal by Director of Public Prosecutions... Supreme Court of Appeal
19 Apr 2024 Heidi Joubert v Pierre Joubert[2024] ZASCA 55 · Divorce – spousal maintenance – order compelling furnishing of further particulars not appealable. Supreme Court of Appeal
19 Apr 2024 Police, Roads & Transport, Free State and Others (497/2022 & 820/2022)[2024] ZASCA 56 · Civil procedure – Section 17(2)(f) of the Superior Courts Act of 2013 – whether a proper case for reconsideration in terms of s 17(2)(f) is... Supreme Court of Appeal
18 Apr 2024 City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd and Others[2024] ZASCA 51 · Civil Practice – Appealability of interim orders - order held to be final in nature and appealable; municipal law – deliberate non-payment o... Supreme Court of Appeal
18 Apr 2024 MM obo GM v Member of the Executive Council for the Department of Health, North West Province[2024] ZASCA 52 · Delict – medical negligence – transmissibility of damages to parent on death of minor child. Death of child not reported to Master – effect... Supreme Court of Appeal
17 Apr 2024 Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission and Another[2024] ZACC 3 · Competition Act 89 of 1998 — Rules for the Conduct of Proceedings in the Competition Commission — standard of review in special statutory re... Constitutional Court
17 Apr 2024 Mathuthu and Others v The State[2024] ZASCA 50 · Criminal procedure – appeal against conviction and sentence – leave to appeal refused by regional magistrate – petition in terms of s 309C o... Supreme Court of Appeal
15 Apr 2024 68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited[2024] ZASCA 48 · Special leave to appeal – law of contract – enforcement of provision in loan agreement – failure to pay all rates, taxes, water and electric... Supreme Court of Appeal
12 Apr 2024 Capitec Bank Limited v Commissioner for the South African Revenue Service[2024] ZACC 1 · Value-Added Tax Act 89 of 1991 — whether a supply free of charge may constitute a taxable supply Value-Added Tax Act 89 of 1991 — section 16... Constitutional Court
12 Apr 2024 Petrus Johannes Bestbier and Others v Nedbank Limited[2024] ZACC 2 · Extension of Security of Tenure Act 62 of 1997 — Rule 46A of Uniform Rules of Court — residential property — party who may be affected Constitutional Court
12 Apr 2024 Christopher Charles Hughes v Nicolas Gargassoulas and Others[2024] ZASCA 46 · Civil Procedure – application for leave to appeal in terms of section 17(2)(d) of the Superior Courts Act of 2013 – whether the appeal would... Supreme Court of Appeal
5 Apr 2024 Makwakwa and Others v Minister of State Security[2024] ZASCA 41 · Interdict – Ex parte proceedings – need for good faith – intelligence report – foreign State said to be monitoring internal politics of ruli... Supreme Court of Appeal
4 Apr 2024 Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd and Others[2024] ZASCA 40 · Procedure – application for special leave to appeal in terms of s 16(1)(b) of the Superior Courts Act of 2013 – difference between ‘special... Supreme Court of Appeal
28 Mar 2024 Highway Junction (Pty) Ltd and Others v Di-Thabeng Truck and Taxi (Pty) Ltd and Others[2024] ZASCA 31 · Interdictory relief – four interdicts sought – interdict granted which adequately protects rights – appeal against refusal to grant further... Supreme Court of Appeal
28 Mar 2024 Cyril and Another v The Commissioner for the South African Revenue Service[2024] ZASCA 32 · Practice – Appealability – application to review ruling on admissibility in criminal trial while trial still pending – leave given to compla... Supreme Court of Appeal
28 Mar 2024 Glowing Rooms (Pty) Ltd v Levin N O & Others[2024] ZASCA 33 · Contract law – whether the eviction order was properly granted – whether the respondents had a right to cancel the lease agreement – whether... Supreme Court of Appeal
27 Mar 2024 Syce and Another v Minister of Police[2024] ZASCA 30 · Application for special leave to appeal – referred for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – discretion... Supreme Court of Appeal
26 Mar 2024 Technology Corporate Management (Pty) Ltd and Others v De Sousa and Another[2024] ZASCA 29 · Companies Act of 1973 – s 252 – claim that manner in which the business of the company has been conducted was unfairly prejudicial, inequita... Supreme Court of Appeal
20 Mar 2024 Nong and Masingi v The State[2024] ZASCA 25 · Criminal Procedure – appeal against conviction – leave to appeal refused by regional magistrate – petition in terms of s 309C refused by the... Supreme Court of Appeal
20 Mar 2024 SAP SE v Systems Applications Consultants (Pty) Ltd t/a Securinfo and Another[2024] ZASCA 26 · Application for recusal – reasonable apprehension of bias – trial judge – misconceiving the issue in the evidence – preventing counsel from... Supreme Court of Appeal
14 Mar 2024 Murray and Others NNO v Ntombela and Others[2024] ZASCA 24 · Review – whether it is competent for a court to compel delivery of a rule record before determining whether what is before it is a review as... Supreme Court of Appeal
28 Feb 2024 Parry v Dunn-Blatch and Others[2024] ZASCA 19 · Company law – section 163 of the Companies Act of 2008 – whether the applicant established any act or omission having a result that is oppre... Supreme Court of Appeal
21 Feb 2024 Sekoala v The State[2024] ZASCA 18 · Criminal law and procedure – appeal against rape conviction – whether the evidence of the complainant, a single witness, was correctly accep... Supreme Court of Appeal
17 Jan 2024 Mhlontlo Local Municipality & 2 others v Ngcangula and Another[2024] ZASCA 5 · Jurisdiction of the high court – whether withdrawal of salary increment constitutes a breach of contract of employment – jurisdiction of civ... Supreme Court of Appeal
12 Jan 2024 BP Southern Africa (Pty) Ltd v Commissioner for the South African Revenue Service[2024] ZASCA 2 · Tax law – Customs and Excise – interim interdict – requirements restated – demand by Commissioner for the South African Revenue Service – am... Supreme Court of Appeal
23 Dec 2023 Eskom v Vaal River Development Association (Pty) Ltd and Others[2022] ZACC 44 · Interim interdicts — nature of prima facie right — rights in Bill of Rights — content of rights — whether rights established — role of final... Constitutional Court
18 Dec 2023 Pieter Paul Le Roux and Another v Johannes G ` Coetzee and Seuns and Another[2023] ZACC 46 · Prescription Act 68 of 1969 — section 12(3) — clients’ professional negligence claim against legal practitioner — knowledge of facts may inc... Constitutional Court
18 Dec 2023 Hough & Bremner and Another v The Road Accident Fund[2023] ZASCA 179 · Civil procedure and practice – Contingency Fees Agreement Act of 1997 – high court finding that the fees agreement concluded between the app... Supreme Court of Appeal
14 Dec 2023 Grupo Bimbo S.A.B. v Takis Biltong[2023] ZASCA 175 · Reconsideration of dismissal of application for special leave to appeal ─ cancellation of applicant’s trade mark ─ Takis Fuego ─ likely to d... Supreme Court of Appeal
12 Dec 2023 Saboath General Traders (Pty) Ltd t/a Sausage Saloon and Another v Mthatha Mall (Pty) Ltd[2023] ZACC 43 · Ouster of jurisdiction of Magistrate’s Court in lease agreement — interests of justice and leave to appeal 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.