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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
9 Dec 2022 South African Human Rights Commission v Standard Bank of South Africa and Others[2022] ZACC 43 Constitutional Court
8 Dec 2022 Villa Crop Protection (Pty) Limited v Bayer Intellectual Property GMBH[2022] ZACC 42 · Amendment of Pleadings — misapplication of applicable test — application of incorrect test —introduction of the special plea of unclean hand... Constitutional Court
30 Nov 2022 Esorfranki Pipelines (PTY) Limited v Mopani District Municipality[2022] ZACC 41 · Delictual liability for harm arising from state’s intentional misconduct — section 8 of PAJA — compensation under PAJA Section 217 of the Co... Constitutional Court
29 Nov 2022 Justice Nhlanhla Lebea v Member of the Executive Council for Public Works and Infrastructure, Free State[2022] ZACC 40 · [adverse credibility findings] — [common law development] — [rule 28(1)] — [Magistrate’s Court Rules] [direct and substantial interest] — [h... Constitutional Court
28 Nov 2022 Samancor Chrome Limited v Bila Civil Contractors (Pty) Ltd[2022] ZASCA 163 · Contempt of court – non-compliance with court orders to be established beyond reasonable doubt – elements of wilfulness and mala fides not e... Supreme Court of Appeal
21 Nov 2022 Janusz Jakub Walus v Minister of Justice and Correctional Services[2022] ZACC 39 · [Parole] — [life imprisonment sentence] — [rationality] — [sentencing remarks] [nature and seriousness of the crime] — [Correctional Service... Constitutional Court
14 Nov 2022 Reddell and Others v Mineral Sands Resources (Pty) Limited and Others[2022] ZACC 38 · Defamation — constitutionality of awarding general damages to trading corporations — partially unconstitutional — public discourse on issues... Constitutional Court
3 Nov 2022 Democratic Alliance v Brummer[2022] ZASCA 151 · Plea of res judicata by reason of issue estoppel in action for damages arising from alleged unlawful termination of membership – prior judgm... Supreme Court of Appeal
27 Oct 2022 Competition Commission v Group Five Construction Limited[2022] ZACC 36 · Competition Act 89 of 1998 — interpretation and application of section 62 — exclusive jurisdiction of Competition Tribunal —High Court juris... Constitutional Court
28 Sep 2022 Zurich Insurance Company South Africa Ltd v Gauteng Provincial Government[2022] ZASCA 127 · Insurance contract – damage to rock mass when tunnels for Gautrain Rapid Rail System constructed – whether insured’s claim had prescribed –... Supreme Court of Appeal
26 Sep 2022 Solomons v The State[2022] ZASCA 124 · Criminal Law and Procedure – murder – inter-partner violence – domestic violence – sentence – years’ imprisonment, years of which is suspend... Supreme Court of Appeal
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 Amabhungane Centre for Investigative Journalism NPC v President of the Republic of South Africa[2022] ZACC 31 · Executive Ethics Code, Proclamation No. R41 of 2000 — constitutionality of the Code — order of constitutional invalidity confirmed Executive... 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
19 Sep 2022 N S v J N[2022] ZASCA 122 · Superior Courts Act of 2013 - s 16(2)(a)(i) – parental rights and responsibilities in respect of a minor child - decision sought would have... Supreme Court of Appeal
22 Aug 2022 NUMSA obo Aubrey Dhludhlu and 147 Others v Marley Pipe Systems (SA) (Pty) Ltd[2022] ZACC 29 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 Minister of Police and Others v Samuel Molokwane[2022] ZASCA 111 · Civil Procedure – s 2(2) of State Liability Act of 1957 –– whether failure to serve summons against Minister of Police on State Attorney nul... Supreme Court of Appeal
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
6 Jul 2022 Mamadi and Another v Premier of Limpopo Province and Others[2022] ZACC 26 · Jurisdiction — Just administrative action — right of access to courts Rule 6(5)(g) — Rule 53 — res judicata Plascon Evans rule — reasonably... Constitutional Court
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
28 Jun 2022 e.tv (Pty) Limited and Others v Minister of Communication and Digital Technologies and 11 Others[2022] ZACC 22 · Analogue switch-off date — duty to give notice — procedural rationality Remedy — review of Minister’s decision — separation of powers — subs... Constitutional Court
28 Jun 2022 Women’s Legal Centre Trust v President of the Republic of South Africa and Others[2022] ZACC 23 · Muslim marriages — non recognition — infringement of rights to dignity, equality, access to courts and principle of best interests of the ch... Constitutional Court
21 Jun 2022 Transnet Soc Limited v Total South Africa (Pty) Limited and Others[2022] ZACC 21 Constitutional Court
2 Jun 2022 Lebogang Peter Mashilo v The State[2022] ZASCA 81 · Application in terms of s 17(2)(f) of the Superior Courts Act of 2013 – referred by the President of the Supreme Court of Appeal to a full c... Supreme Court of Appeal
31 May 2022 Tuta v The State[2022] ZACC 19 Constitutional Court
30 May 2022 Minister of Finance v Sakeliga NPC (previously known as Afribusiness NPC) and Others[2022] ZACC 17 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
27 May 2022 Minister of Police and Others v Fidelity Security Services (Pty) Limited[2022] ZACC 16 · Sections 13 to 20 of the Firearms Control Act 60 of 2000 — [application for licence to possess firearm] — [lapsing of previous licence] — [n... Constitutional Court
19 May 2022 Nedbank Limited v Houtbosplaas (Pty) Ltd and Another[2022] ZASCA 69 · Banking law – banker and client – summary closure of bank accounts by client – exercise of contractual right by client to do so – trusts tha... Supreme Court of Appeal
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
20 Apr 2022 David Papiki Komane v The State[2022] ZASCA 55 · Criminal law – evidence – what constitutes sufficiency of circumstantial evidence – conviction based on circumstantial evidence well- founde... 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
25 Mar 2022 Ayres and Another v Minister of Justice and Correctional Services and Another[2022] ZACC 12 · Constitutional law — Foundational values — Rule of law — Doctrine of Precedent 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 Minister of Finance v Afribusiness NCP[2022] ZACC 4 · Section 217 of the Constitution — Preferential Procurement Policy Framework Act 5 of 2000 — Preferential Procurement Regulations, 2017 Minis... 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
15 Feb 2022 Municipal Manager: OR Tambo District Municipality v Nosipho Portia Ndabeni[2022] ZACC 3 · Local Government Municipal Systems Act 32 of 2000 — section 66(1) — section 66(3) and (5) — nullity of a court order — court orders are bind... Constitutional Court
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
31 Dec 2021 Jane Bwanya v The Master of the High Court, Cape Town[2021] ZACC 51 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.