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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 Aug 2020 Road Traffic Management Corporation v Tasima (Pty) Limited; Tasima (Pty) Limited v Road Traffic Management Corporation[2020] ZACC 21 · Labour Relations Act 66 of 1995 — section 197 transfer — transfer of employment contracts — effective date of transfer — effect of public or... Constitutional Court
21 Jul 2020 Big G Restaurants (Pty) Limited v Commissioner for the South African Revenue Service[2020] ZACC 16 Constitutional Court
21 Jul 2020 Tjiroze and Appeal Board of the Financial Services Board[2020] ZACC 18 Constitutional Court
25 Jun 2020 Telkom SA SOC Limited v City of Cape Town and Another[2020] ZACC 15 · Electronic Communications Act 36 of 2005 — exercise of rights held in terms of section 22 — compliance with bylaws — licensee to pay “due re... Constitutional Court
24 Jun 2020 Competition Commission of South Africa v Pickfords Removals SA (Pty) Limited[2020] ZACC 14 · Constitution — section 34 — access to courts — interpretation of legislation Competition Act 89 of 1998 — section 67 — time bar provision —... Constitutional Court
17 Jun 2020 AB and Another v Pridwin Preparatory School and Others[2020] ZACC 12 · independent school contracts — fair process — appropriate justification — section 8(2) Constitutional Court
17 Jun 2020 Beadica 231 CC and Others v Trustees For The Time Being of Oregon Trust and Others[2020] ZACC 13 · Law of contract — public policy grounds upon which a court may refuse to enforce contractual terms — the proper role of fairness, reasonable... Constitutional Court
17 Jun 2020 Van der Walt v S[2020] ZACC 19 · Law of contract — public policy grounds upon which a court may refuse to enforce contractual terms — the proper role of fairness, reasonable... Constitutional Court
11 Jun 2020 New Nation Movement NPC and Others v President of the Republic of South Africa and Others (Council for the Advancement of the South African Constitution as Amicus Curiae)[2019] ZACC 27 · Direct Appeal — Urgency — Urgent Relief Constitutional Court
29 May 2020 Economic Freedom Fighters v Gordhan and Others; Public Protector and Another v Gordhan and Others[2020] ZACC 10 · Interim interdict — remedial action of Public Protector — separation of powers — appealability of interim interdicts — prospects of success... Constitutional Court
26 May 2020 Mans v Mans[2020] ZACC 9 · Matrimonial Property Act 88 of 1984 — section 21 — postnuptial agreement — without sanction of a court — leave to appeal — interests of just... Constitutional Court
6 May 2020 Association of Mine Workers and Construction Union v Ngululu Bulk Carriers (Pty) Limited[2020] ZACC 8 · [section 191 Labour Relations Act] — [jurisdiction] — [characterisation of dispute] Constitutional Court
26 Mar 2020 National Director of Public Prosecutions v Botha NO and Another[2020] ZACC 6 · Section 50(1) of the Prevention of Organised Crime Act 121 of 1998 — forfeiture of unlawful proceeds — proportionality analysis Constitutional Court
26 Mar 2020 National Union of Metal Workers of South Africa v Lufil Packaging (Isithebe) and Others[2020] ZACC 7 · Section 4(1)(b) of the Labour Relations Act 66 of 1995 — trade union constitutions — scope of industry — eligibility of trade union membersh... Constitutional Court
24 Mar 2020 Normandien Farms (Pty) Limited v South African Agency for Promotion of Petroleum Exploration and Exploitation SOC Limited and Others[2020] ZACC 5 · Mineral and Petroleum Resources Development Act 28 of 2002 — application for exploration right — mootness — interests of justice — punitive... Constitutional Court
20 Mar 2020 Member of the Executive Council for the Department of Health, Western Cape v Coetzee and Others[2020] ZACC 3 · Labour Relations Act 66 of 1995 — Public Service Act 103 of 1994 — definition of public service — Public Health and Social Development Secto... Constitutional Court
20 Mar 2020 Maswanganyi v Minister of Defence and Military Veterans and Others[2020] ZACC 4 · Termination of employment by the South African National Defence Force — ex lege (by operation of law) — pursuant to section 59(1)(d) of the... Constitutional Court
20 Feb 2020 Competition Commission of South Africa v Standard Bank of South Africa Limited Competition Commission of South Africa v Standard Bank of South Africa Limited Competition Commission of South Africa v Waco Africa (Pty) Limited CCT 158/18, 179/18 and 218/18[2020] ZACC 2 · [Competition Commission Rules] — [Rule 15] — [access to record of investigation] — [public access to information] — [section 32(1) of the Co... Constitutional Court
23 Jan 2020 Association of Mine Workers and Construction Union and Others v Royal Bafokeng Platinum Mine Limited and Others[2020] ZACC 1 · Labour Relations Act 66 of 1995 — constitutionality of sections 23(1)(d) and 189(1) — principle of majoritarianism — retrenchment — consulta... Constitutional Court
11 Dec 2019 Tshabalala v S (Commissioner for Gender Equality and Centre for Applied Legal Studies as Amici Curiae); Ntuli v S[2019] ZACC 48 · Common law rape — Doctrine of common purpose — instrumentality Constitutional Court
4 Dec 2019 Centre For Child Law and Others v Media 24 Limited and Others[2019] ZACC 46 · Criminal Procedure Act — section 154(3) — identity of child victims — ongoing identity protection — competing constitutional rights — equali... Constitutional Court
26 Nov 2019 Amalungelo Workers’ Union and Others v Philip Morris South Africa (Pty) Limited and Another[2019] ZACC 45 · Basic Conditions of Employment Act 75 of 1997 — Section 77 — Labour Court’s jurisdiction — Labour inspector’s functions Constitutional Court
21 Nov 2019 Notyawa v Makana Municipality and Others[2019] ZACC 43 · Local Government: Municipal Systems Act 32 of 2000 — unreasonable delay — interests of justice — Promotion of Administrative Justice Act 3 o... Constitutional Court
29 Oct 2019 Shabangu v Land and Agricultural Development Bank of South Africa and Others[2019] ZACC 42 · Land and Agricultural Development Bank Act 15 of 2002 — invalid loan agreement with organ of state — acknowledgment of debt — compromise or... Constitutional Court
24 Oct 2019 Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation and Others[2019] ZACC 41 · Intimidation Act 72 of 1982 — constitutionality of section 1(1)(b) and section 1(2) — provisions are unconstitutional Constitutional Court
22 Oct 2019 Moyo and Another v Minister of Police and Others (Right2Know Campaign as Amicus Curiae); Sonti and Another v Minister of Police and Others[2019] ZACC 40 · Intimidation Act 72 of 1982 — constitutionality of section 1(1)(b) and section 1(2) — provisions are unconstitutional Constitutional Court
15 Oct 2019 Masemola v Special Pensions Appeal Board and Another[2019] ZACC 39 · Special Pensions Act 69 of 1996 — disqualification from receiving special pension — effect of presidential pardon — special pension restored Constitutional Court
10 Oct 2019 Gelyke Kanse and Others v Chairperson of the Senate of the University of Stellenbosch and Others[2019] ZACC 38 · Section 29(2) of the Constitution — “reasonably practicable” — constitutionality of the language policy of the University of Stellenbosch —... Constitutional Court
9 Oct 2019 Magnificent Mile Trading 30 (Pty) Limited v Celliers NO and Others[2019] ZACC 36 · Judgment on whether the right to a decision in respect of an application for a prospecting right is transmissible upon the death of the righ... Constitutional Court
9 Oct 2019 Moodley v Kenmont School and Others[2019] ZACC 37 · Judgment in an application for confirmation of an order by the High Court of South Africa, KwaZulu-Natal Local Division, Durban, declaring s... Constitutional Court
28 Sep 2019 Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others (Global Initiative to end all Corporal Punishment of Children, Dullah Omar Institute for Constitutional Law Governance and Human Rights, and Parent Centre as[2019] ZACC 34 · minor — assault with intent to do grievous bodily harm — common law defence of reasonable and moderate chastisement — best interests of the... Constitutional Court
28 Sep 2019 President of the Republic of South Africa v Democratic Alliance and Other[2019] ZACC 35 · Rule 53 of the Uniform Rules of Court — application to compel — Executive decisions to appoint/remove Cabinet Ministers — mootness — interes... Constitutional Court
10 Sep 2019 Dykema v Malebane and Another (South African Association of Consulting Professional Planners as Amicus Curiae)[2019] ZACC 33 · Chapters V and VI of the Development Facilitation Act 67 of 1995 — suspension of declaration of invalidity — expiration of suspension withou... Constitutional Court
22 Aug 2019 De Klerk v Minister of Police[2019] ZACC 32 · Delict — unlawful detention — legal causation — unlawful remand Constitutional Court
20 Aug 2019 Mwelase and Others v Director- General for the Department of Rural Development and Land Reform and Another[2019] ZACC 30 · Land Reform (Labour Tenants) Act 3 of 1996 — appointment of a special master by Land Claims Court — separation of powers — not overreach of... Constitutional Court
22 Jul 2019 Public Protector v South African Reserve Bank[2019] ZACC 29 · Public Protector Act 23 of 1994 — personal costs — punitive costs — representative litigant — personal indemnity exceeded —accountability Constitutional Court
15 Jul 2019 National Energy Regulator of South Africa and Another v PG Group (Pty) Limited and Others[2019] ZACC 28 · Gas Act 48 of 2001 — Monopoly — maximum pricing decision — tariff decision — pricing regulation Promotion of Administrative Justice Act 3 of... Constitutional Court
3 Jul 2019 Competition Commission of South Africa v Media 24 (Pty) Limited[2019] ZACC 26 · Competition Act — section 8(c) — predatory pricing — cost standards Jurisdiction — arguable point of law — matter of general public importan... Constitutional Court
28 Jun 2019 Nandutu and Others v Minister of Home Affairs and Others[2019] ZACC 24 · Immigration Regulations — validity of regulation 9(9)(a) — foreign spouses or children of citizens or permanent residents must leave the cou... Constitutional Court
28 Jun 2019 National Union of Metalworkers South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others (Casual Workers Advice Office as Amicus Curiae)[2019] ZACC 25 · Labour Relations Act 66 of 1996 — unfair dismissal — derivative misconduct — violent strike Constitutional Court
27 Jun 2019 S v S and Another CCT147/18 27 June 2019[2019] ZACC 22 · Superior Courts Act 10 of 2013 — constitutionality of section 16(3) Uniform Rules of Court — rule 43 Best interests of the child — equality... Constitutional Court
27 Jun 2019 General Council of the Bar of South Africa v Jiba and Others CCT192/18 27 June 2019[2019] ZACC 23 · Admission of Advocates Act 74 of 1964 — unethical conduct — fit and proper person test — dismissed for lack of jurisdiction Costs — litigati... Constitutional Court
17 May 2019 Shipalana v S[2019] ZACC 20 · Application for leave to appeal — sentence and conviction — common purpose — interests of justice Constitutional Court
17 May 2019 Muhanelwa v Gcingca[2019] ZACC 21 · Jurisdiction — no constitutional issue or arguable point of law of general public importance — not in interests of justice to grant leave to... Constitutional Court
3 May 2019 Makhokha v S[2019] ZACC 19 Constitutional Court
30 Apr 2019 Steenkamp and Others v Edcon Limited[2019] ZACC 17 · Labour Relations Act 66 of 1995 — dismissal for operational requirements — application in terms of section 189A(13) brought outside of time... Constitutional Court
24 Apr 2019 Spilhaus Property Holdings (Pty) Limited and Others v MTN Mobile Telephone Networks (Pty) Limited and Another[2019] ZACC 16 · Sectional Titles Act 95 of 1986 — locus standi — body corporate Individual owners — section 41 — common law right — enforcement of complianc... Constitutional Court
16 Apr 2019 Buffalo City Metropolitan Municipality v Asla Construction (Pty) Limited[2019] ZACC 15 · Legality review — unreasonable delay — overlooking delay — section 172 of the Constitution — Gijima Constitutional Court
9 Apr 2019 Kruger v National Director of Public Prosecutions[2019] ZACC 13 · Jurisdiction — Purely factual issue does not raise jurisdiction — No constitutional or legal issue Prescription — Prescription Act 68 of 196... Constitutional Court
9 Apr 2019 Tiekiedraai Eiendomme (Pty) Limited v Shell South Africa Marketing (Pty) Limited and Others[2019] ZACC 14 · Jurisdiction — leave to appeal — arguable points of law raised on 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.