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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
28 Feb 2019 Buffalo City Metropolitan Municipality v Metgovis (Pty) Limited[2019] ZACC 9 · Section 217 of the Constitution — development of the common law relating to tacit agreements entered into with organs of state Jurisdiction... Constitutional Court
19 Feb 2019 Cloete and Another v S (Legal Aid South Africa as Amicus Curiae); Sekgala v Nedbank Limited[2019] ZACC 6 · Appeal — section 17(2)(f) of the Superior Courts Act 10 of 2013 — Constitutional Court jurisdiction Constitutional Court
19 Feb 2019 Long v South African Breweries (Pty) Limited and Others; Long v South African Breweries (Pty) Limited and Others[2019] ZACC 7 · Labour Relations Act 66 of 1995 — fail labour practices — hearing prior to precautionary suspension Labour Relations Act 66 of 1995 — costs... Constitutional Court
19 Feb 2019 Trustees of the Simcha Trust v Da Cruz and Others; City of Cape Town v Da Cruz and Others[2019] ZACC 8 · National Building Regulations and Building Standards Act — disqualifying factors — legitimate expectations test Constitutional Court
14 Feb 2019 Jacobs and Others v S[2019] ZACC 4 · [Appeal from the Full Court] — [The doctrine of common purpose] — [jurisdiction] — [whether matter consists of a constitutional principle] [... Constitutional Court
7 Feb 2019 Stokwe v Member of the Executive Council: Department of Education, Eastern Cape and Others[2019] ZACC 3 · [Appeal from the Labour Court] — [Employment of Educators Act] — [Schedule 2 item 2(g)] — [disciplinary proceedings must be concluded in the... Constitutional Court
1 Feb 2019 Competition Commission of South Africa v Hosken Consolidated Investments Limited and Another[2019] ZACC 2 · [Competition Act 89 of 1998] — [chapter 3] — [mergers] — [section 12(2)] — [forms of control] — [notifiability of a merger] [Once-off princi... Constitutional Court
29 Jan 2019 Mulowayi and Others v Minister of Home Affairs and Another[2019] ZACC 1 · declaration of invalidity in respect of regulations not subject to confirmation — suspension of order of invalidity set aside Constitutional Court
20 Dec 2018 Ruta v Minister of Home Affairs[2018] ZACC 52 · asylum seeker applications — effect of delay — relevance of criminal record in South Africa — overriding principle of non-refoulement delay... Constitutional Court
11 Dec 2018 - Haarhoff & another v Director of Public Prosecutions, Eastern Cape[2018] ZASCA 184 Supreme Court of Appeal
6 Dec 2018 Mkhize NO v Premier of the Province of Kwazulu-Natal And Others[2018] ZACC 50 · administrative action — right to seek review — customary law — transmissibility of right to review res judicata — requirements — finality —... Constitutional Court
29 Nov 2018 Diener NO v Minister of Justice and Others[2018] ZACC 48 · Companies Act – Chapter 6 – sections 135(4) and 143(5) – business rescue proceedings – interpretation – during liquidation – super preferenc... Constitutional Court
28 Nov 2018 Amardien and Others v Registrar of Deeds and Others (Women's Legal Trust as Amicus Curiae)[2018] ZACC 47 · Alienation of Land Act 68 of 1981 — sections 19, 20 and 26 — purchaser not obliged to make payment until recordal complete by seller Nationa... Constitutional Court
6 Nov 2018 South African Commercial Catering and Allied Workers Union and Others v Woolworths (Pty) Limited[2018] ZACC 44 · Labour Relations Act — section 189A(19) — retrenchment — dismissal for operational requirements Substantive unfairness — operationally justi... Constitutional Court
31 Oct 2018 eThekwini Municipality v Mounthaven (Pty) Limited[2018] ZACC 43 · Meaning of debt — Prescription Act 68 of 1969 — Real rights — Limited Real Rights — Personal rights — reversionary clauses Deeds Registries... Constitutional Court
25 Oct 2018 Maledu and Others v Itereleng Bakgatla Mineral Resources (Pty) Limited and Another (Dlamini and Land Access Movement of South Africa as Amici Curiae)[2018] ZACC 41 · Mineral and Petroleum Resources Development Act 28 of 2002 — Section 54 — Other satisfactory remedy Interim Protection of Informal Land Righ... Constitutional Court
23 Oct 2018 Holomisa v Holomisa and Another[2018] ZACC 40 · Transkei Marriage Act 21 of 1978 — Divorce Act 70 of 1979 —Community of Property — Rationalisation of laws — Direct Access Constitutional Court
9 Oct 2018 Ahmed and Others v Minister of Home Affairs and Another[2018] ZACC 39 · Immigration Directive 21 of 2015 — validity of directive — imposes blanket ban on asylum seekers applying for visas under Immigration Act 13... Constitutional Court
1 Oct 2018 - Umfolozi Sugar Planters Limited v Isimangaliso Wetland Park Authority[2018] ZASCA 144 Supreme Court of Appeal
28 Sep 2018 S.O.S Support Public Broadcasting Coalition and Others v South African Broadcasting Corporation (SOC) Limited and Others[2018] ZACC 37 · Competition Act 89 of 1998 — notifiable merger — Competition Commission — investigatory powers — Part B of Chapter 5 of the Competition Act... Constitutional Court
28 Sep 2018 Gavrić v Refugee Status Determination Officer Cape Town and Others (People Against Suppression Suffering Oppression and Poverty as Amicus Curiae)[2018] ZACC 38 · Section 4 of the Refugees Act— Exclusion — Internal remedies — Unfounded application Section 4(1)(b) of the Refugees Act — Non-political cri... Constitutional Court
27 Sep 2018 Airports Company South Africa v Big Five Duty Free (Pty) Limited and Others[2018] ZACC 33 · Interpretation of contracts — Judgments in rem — When can settlement agreements be made an order of court Agreements between private parties... Constitutional Court
27 Sep 2018 Thwala v S[2018] ZACC 34 · Section 35(3)(o) of the Constitution — right to a fair trial — Res Judicata Constitutional Court
27 Sep 2018 Tarr v S[2018] ZACC 35 · Extra-curial statement — Interference with factual findings of a lower court Constitutional Court
25 Sep 2018 Morudi and Others v NC Housing Services and Development Co Ltd and Others[2018] ZACC 32 Constitutional Court
21 Sep 2018 - Bhola & others v The State (800/18; 123/2018; and 346/18)[2018] ZASCA 121 Supreme Court of Appeal
20 Sep 2018 Hunter v Financial Sector Conduct Authority and Others (Casual Workers Advice Office and Right2Know Campaign as Amici Curiae)[2018] ZACC 31 · Pension Funds Act — pension funds — orphan funds — pension funds cancellations project — locus standi — misjoinder — amendment of pleadings... Constitutional Court
18 Sep 2018 Minister of Justice and Constitutional Development and Others v Prince[2018] ZACC 30 · sections 4(b) and 5(b) of Drugs and Drug Trafficking Act 140 of 1992 read with Part III of Schedule 2 of that Act and section 22A(9)(a)(1) o... Constitutional Court
13 Sep 2018 Duncanmec (Pty) Limited v Gaylard NO and Others[2018] ZACC 29 · [struggle songs] — [racism in the workplace] — [racially offensive conduct] [misconduct] — [unprotected strike] — [unfair dismissal] — [Sidu... Constitutional Court
11 Sep 2018 Sigcau and Another v Minister of Co-operative Governance and Traditional Affairs and Others[2018] ZACC 28 · Customary law — Traditional Leadership and Governance Framework Act — Commission on Traditional Leadership Disputes — statutory interpretati... Constitutional Court
3 Sep 2018 M T v The State; A S B v The State and Johannes September v The State[2018] ZACC 27 · Criminal Law Amendment Act 105 of 1997 — section 51(1) — minimum sentences — exclusion from charge sheet Leave to appeal — inherent power of... Constitutional Court
29 Aug 2018 Liesching and Others v S[2018] ZACC 25 · Superior Courts Act 10 of 2013 — section 17(2)(f) — referral of petition for reconsideration — discretion of the President of Supreme Court... Constitutional Court
23 Aug 2018 Police and Prisons Civil Rights Union (POPCRU) v South African Correctional Services Workers' Union (SACOSWU) and Others[2018] ZACC 24 · Labour Relations Act 66 of 1995 — interpretation of sections 18 and 20 — collective agreements — thresholds of representativeness collective... Constitutional Court
26 Jul 2018 Assign Services (Pty) Limited v National Union of Metalworkers Union of South Africa and Others (Casual Workers Advice Office as Amicus Curiae)[2018] ZACC 22 · Labour Relations Act 66 of 1995 — section 198A(3)(b) — temporary employment services — placed workers deemed employees of the client — secti... Constitutional Court
17 Jul 2018 Department of Transport and Others v Tasima (Pty) Ltd; Tasima (Pty) Ltd and Others v Road Traffic Management Corporation and Others[2018] ZACC 21 · Superior Courts Act 10 of 2013 — Section 18 — operation of order after final determination Interim orders — operation of order after final d... Constitutional Court
5 Jul 2018 Minister of Justice and Constitutional Development and Another v South African Restructuring and Insolvency Practitioners Association and Others[2018] ZACC 20 · Section 9(2) of the Constitution — remedial and restitutionary equality — Van Heerden test — arbitrariness and rationality as separate requi... Constitutional Court
27 Jun 2018 Booysen v Minister of Safety and Security[2018] ZACC 18 · Delict — vicarious liability — deviation case — police officer — domestic violence — police firearm Constitutional Court
14 Jun 2018 Levenstein and Others v Estate of the Late Sidney Lewis Frankel and Others[2018] ZACC 16 · Criminal Procedure Act 51 of 1977 — constitutionality of section 18 — section 18 is unconstitutional Prescription of the right to institute... Constitutional Court
7 Jun 2018 Minister of Safety and Security v South African Hunters and Game Conservation Association[2018] ZACC 14 · Gun control — licence to possesses firearm — termination of fiream licence — renewal of firearm licence section 24 and 28 — firearms control... Constitutional Court
1 Jun 2018 Oosthuizen & another v S[2018] ZASCA 92 Supreme Court of Appeal
1 Jun 2018 Minister of Police and another v Zweni[2018] ZASCA 97 Supreme Court of Appeal
31 May 2018 Moor v Tongaat-Hulett Pension Fund[2018] ZASCA 83 Supreme Court of Appeal
17 May 2018 Rustenburg Platinum Mine v SAEWA obo Bester and Others[2018] ZACC 13 · Referring to a fellow employee as a “swart man” — test for whether words are derogatory and racist is objective — starting point must take i... Constitutional Court
25 Apr 2018 Pretorius and Another v Transport Pension Fund and Others[2018] ZACC 10 · Exceptions — pension funds— pension benefits — class action Constitutional Court
25 Apr 2018 Marshall NO and Others v Commissioner for the South African Revenue Service[2018] ZACC 11 · Interpretation of statutes — value Added Tax Act — appropriateness of Judicial deference. Constitutional Court
25 Apr 2018 Conradie v S[2018] ZACC 12 · Section 35(3)(o) of the Constitution — right to a fair trial— is trial record of proceedings relevant for leave to appeal application? Constitutional Court
24 Apr 2018 Helen Suzman Foundation v Judicial Service Commission[2018] ZACC 8 Constitutional Court
24 Apr 2018 Cishahayo Saidi and Others v Minister of Home Affairs and Others[2018] ZACC 9 Constitutional Court
15 Mar 2018 Klaas-v-S[2018] ZACC 6 · Criminal Appeal — Drugs and Drug Trafficking Act — sentence — drug dealing and drug manufacturing — market value of drugs not proven — minim... Constitutional Court
1 Mar 2018 S S v V V-S[2018] ZACC 5 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.