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Case law by topic

Judgments on leave to appeal

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

Handed downJudgmentCourt
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
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
30 Dec 2021 Post Office Retirement Fund v South African Post Office SOC Ltd and Others[2021] ZASCA 186 · Posts and Telecommunications-Related Matters Act of 1958 – rules of Post Office Retirement Fund (the Fund) – rule requires the South African... Supreme Court of Appeal
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
3 Dec 2021 Nongogo v The State[2021] ZASCA 166 · Criminal law and procedure – conviction of murder and conspiracy to commit murder – whether the court a quo erred in convicting the appellan... Supreme Court of Appeal
3 Dec 2021 Selota v SALPC[2021] ZASCA 169 · Appeal – appellant sought a declarator that he was entitled to Fidelity Fund certificate for 2019 – decision would have no practical effect... Supreme Court of Appeal
19 Nov 2021 Phillipa Susan Van Zyl N.O v Road Accident Fund[2021] ZACC 44 · Road Accident Fund Act 56 of 1996 — section 23(1) — section 23(2)(b) and (c) — prescription of claim against the Road Accident Fund — claima... Constitutional Court
12 Nov 2021 Union for Police, Security and Corrections Organisation v South African Custodial Management (Pty) Limited and Others[2021] ZACC 41 Constitutional Court
12 Nov 2021 Association for Mineworkers and Construction Union and Others v Anglo Gold Ashanti Limited and Others[2021] ZACC 42 · Section 66(2)(c) of the Labour Relations Act 66 of 1995 — lawfulness of secondary strikes — section 66(2) imports a proportionality assessme... Constitutional Court
12 Nov 2021 Mphephu-Ramabulana and Another v Mphephu and Others[2021] ZACC 43 · Traditional affairs — Leadership of Royal Family — Presidential decision to recognise traditional leader Traditional Leadership and Governan... Constitutional Court
9 Nov 2021 Shiva Uranium (Proprietary) Limited and Another v Mahomed Mahier Tayob and Others[2021] ZACC 40 · Companies Act 71 of 2008 — business rescue — practitioner appointed in terms of section 130(6)(a) — resignation — section 139(3) — company t... Constitutional Court
8 Nov 2021 Alias Mtolo and Another v Theunis Christoffel Lombard and Others[2021] ZACC 39 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
29 Sep 2021 Pick ’n Pay Retailers (Pty) Ltd v Pillay[2021] ZASCA 125 · Negligence – foreseeability of harm – failure to guard against – shopper injured when struck by automated boom gate – exit of parking area f... Supreme Court of Appeal
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
22 Sep 2021 Chairperson of the Council of the University of South Africa and Others v Afriforum NPC[2021] ZACC 32 · University language policy — phasing out of Afrikaans as a language of teaching and learning — limitation of section 29(2) of the Constituti... 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
23 Jul 2021 Minister of Water and Sanitation v Sembcorp Size Water (Pty) Ltd and Another[2021] ZACC 20 · Appeal from Labour Appeal Court — unfair labour practice — quantification of back pay — insufficient information before Labour Court — mater... 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 The Public Protector v The President of the Republic of South Africa and Others[2021] ZACC 19 · Executive Members’ Ethics Act 82 of 1998 — direct appeal — Public Protector Act 23 of 1994 —CR17 donations —complaints under the Code — pers... 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
18 Jun 2021 Mkhatshwa and Others v Mkhatshwa and Others[2021] ZACC 15 · Costs — punitive costs — vexatious litigation and scurrilous remarks about judges may warrant punitive costs 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
11 Jun 2021 University of Johannesburg v Auckland Park Theological Seminary and Another[2021] ZACC 13 · Contract — delectus personae — contractual interpretation — admissibility of contextual evidence — parol evidence rule — permissibility of c... Constitutional Court
3 Jun 2021 Van Zyl v Auto Commodities (Pty) Ltd[2021] ZASCA 67 · Business rescue – effect on liability of surety – interpretation of s 154 of Companies Act of 2008 – deed of suretyship – interpretation – l... Supreme Court of Appeal
21 May 2021 Senwedi v The State[2021] ZACC 12 · Criminal Procedure Act 51 of 1977 — Section 276B — non-retrospectivity of non-parole periods in terms of section 276B — non-applicability of... Constitutional Court
5 May 2021 Rajivee Soni v The State (Case no 4652019)[2021] ZASCA 57 · Criminal appeal – appeal against conviction and sentence – whether pattern of evidence proved guilt of the accused beyond a reasonable doubt... 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
14 Apr 2021 JE Mahlangu and Another v The Minister of Police[2021] ZACC 10 · Delict — Judicial detention — damages — inadmissible confession induced by assault extracted by police from accused person — liability of th... Constitutional Court
13 Apr 2021 The Competition Commisission v Beefcor Proprietary Limited and Another[2021] ZACC 9 · Competition Act 89 of 1998 — interpretation of section 67(2) — Competition Commission — withdrawn complaint — completed proceedings Constitutional Court
1 Apr 2021 Member of the Executive Council for Health, Gauteng Provincial Government v PN[2021] ZACC 6 · 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
19 Feb 2021 King NO and Others v De Jager and Others; Wilkinson and Another v Crawford NO and Others[2021] ZACC 4 · unfair discriminatory bequest — private wills — freedom of testation — Promotion of Equality and Prevention of Unfair Discrimination Act 4 o... Constitutional Court
29 Jan 2021 Fusion Properties 233 CC v Stellenbosch Municipality[2021] ZASCA 10 · Practice and procedure – application for leave to appeal – referral for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2... Supreme Court of Appeal
24 Dec 2020 Gent and Another v Du Plessis[2020] ZASCA 184 · Civil procedure – in the absence of a cross-appeal respondent not entitled to variation of the order of the court below. Company law – secti... Supreme Court of Appeal
18 Dec 2020 Smit v Minister of Justice and Correctional Services and Others[2020] ZACC 29 · Drugs and Drugs Trafficking Act 140 of 1992 — constitutionality of section 63 and Schedules — section is unconstitutional and only the amend... Constitutional Court
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
20 Oct 2020 and 217/2020 Lepelle Industrial and Mining Supplies CC v Streaks Ahead Investments (Pty) Ltd and Others[2020] ZASCA 133 · Application for special leave to appeal – full court upheld appeal and set aside temporary interdict restraining respondents from constructi... Supreme Court of Appeal
7 Oct 2020 Whitehead and Another v Trustees of the Insolvent Estate of Dennis Charles Riekert and Others[2020] ZASCA 124 · Civil law and procedure – court proceedings challenging effect of prior court order – no application for rescission or appeal pursued – exis... 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
16 Sep 2020 National Union of Metal Workers of South Africa and Others v Aveng Trident Steel (A Division of Aveng Africa (Pty) Limited) and Another[2020] ZACC 23 · Section 187(1)(c) of the Labour Relations Act 66 of 1995 — demand — automatically unfair dismissals — operational requirements — consultatio... 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.