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Case law by topic

Judgments on review

281 judgments on file that touch review, newest first, each with the court's own file.

Handed downJudgmentCourt
31 Jan 2024 Transnet SOC Ltd v Tipp-Con (Pty) Ltd and Others[2024] ZASCA 12 · Administrative law – legality review – self-review by state organ – delay – whether delay unreasonable – whether delay should be overlooked.... Supreme Court of Appeal
29 Jan 2024 Ergomode (Pty) Ltd v Jordaan NO and Others[2024] ZASCA 10 · Business rescue – s 133 of the Companies Act of 2008 – moratorium on legal proceedings against company in business rescue – landlord’s hypot... Supreme Court of Appeal
26 Jan 2024 Rabinowitz v Levy and Others[2024] ZASCA 8 · Arbitration award – application of s 33(1)(b) of the Arbitration Act of 1965 – whether alleged failure by arbitrator to comply with terms of... 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 Nedbank Limited and Another v Survé and Others[2023] ZASCA 178 · Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 – application for interim interdict in Equality Court – failure to... Supreme Court of Appeal
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
5 Dec 2023 Danny Joseph Sibiya and Others v Road Accident Fund[2023] ZASCA 171 · Practice and procedure – Contingency Fees Act of 1997 – whether the high court ruling met the benchmark of fairness, rationality and reasona... Supreme Court of Appeal
4 Dec 2023 Tereza Rayment and Others v Minister of Home Affairs and Others, Richard Anderson and Others v Minister of Home Affairs and Others[2023] ZACC 40 · Immigration Act 13 of 2002 — invalidity of sections 10(6), 11(6) and 18(2) — Immigration Regulations — invalidity of regulation 9(9)(a) — in... Constitutional Court
4 Dec 2023 Andrew Barney August v The State[2023] ZASCA 170 · Application for condonation of the late filing of notice of appeal – requirements for condonation restated – appellant not satisfying requir... Supreme Court of Appeal
1 Dec 2023 Kouga Local Municipality v St Francis Bay (Ward 12) Concerned Residents’ Association and Others[2023] ZASCA 168 · Local government – section of the Local Government: Municipal Property Rates Act of 2004 (PRA) – establishment by municipalities of special... Supreme Court of Appeal
28 Nov 2023 Savoi and Others v National Prosecuting Authority and Another[2023] ZACC 38 · Confirmation of the order of constitutional invalidity granted by the High Court — North West Gambling Act 2 of 2001 — Sections 84(1)(e), 87... Constitutional Court
10 Nov 2023 Chairperson of the Western Cape Gambling and Racing Board and Others v Goldrush Group Management (Pty) Ltd and Another[2023] ZASCA 148 · Review – Gambling – Provincial Gambling Board having licenced two limited payout gambling machine operators and allocated limited payout mac... Supreme Court of Appeal
8 Nov 2023 Lueven Metals (Pty) Ltd v Commissioner for the South African Revenue Service[2023] ZASCA 144 · Tax law – declaratory order – whether appropriate not considered by high court – narrow basis for entertaining application for declaratory r... Supreme Court of Appeal
30 Oct 2023 Ex parte Minister of Home Affairs and Others In re Lawyers for Human Rights v Minister of Home Affairs and Others[2023] ZACC 34 · Immigration Act 13 of 2002 — unconstitutionality of section 34(1)(b) and (d) — invalid Ex parte application for “revival” of a lapsed suspen... Constitutional Court
30 Oct 2023 Fleet Africa (Pty) Limited v Polokwane Local Municipality[2023] ZASCA 142 · Contract law – jurisdiction – Superior Courts Act of 2013 – whether the parties explicitly agreed that a particular high court would have ex... Supreme Court of Appeal
27 Oct 2023 Mohuba v University of Limpopo[2023] ZASCA 139 · Whether the relationship between a university and a student is contractual or administrative in nature – refusal by a university to confer a... Supreme Court of Appeal
27 Oct 2023 Narius Moloto v The Pan Africanist Congress of Azania[2023] ZASCA 140 · Civil procedure – review application – whether changed circumstances existed since the order appealed was granted – any decision sought not... Supreme Court of Appeal
25 Oct 2023 Emalahleni Local Municipality v Lehlaka Property Development (Pty) Ltd[2023] ZASCA 138 · Civil law and procedure – practice – joinder – no public law relationship between private landowner and unlawful occupiers – notion of a ‘sp... Supreme Court of Appeal
10 Oct 2023 EB (born S) v ER (born B) and Others; KG v Minister of Home Affairs and Others[2023] ZACC 32 · Divorce Act 70 of 1979 — redistribution remedy in section 7(3) — exclusion of remedy where marriage dissolved by death — exclusion of remedy... Constitutional Court
3 Oct 2023 Sasol Chevron Holdings Limited v Commissioner for the South African Revenue Service[2023] ZACC 30 · Promotion of Administrative Justice Act 3 of 2000 (PAJA) — delay in instituting application for review — section 7(1) of PAJA — 180-day peri... Constitutional Court
3 Oct 2023 Nu Africa Duty-Free Shops (Pty) Limited v Minister of Finance and Others CCT29/22,[2023] ZACC 31 Constitutional Court
29 Sep 2023 The Commissioner for the South African Revenue Service v Absa Bank Limited and Another[2023] ZASCA 125 · Tax law – General Anti-Avoidance Provisions – legality review of refusal to withdraw a notice issued in terms of s 80J of Income Tax Act - s... Supreme Court of Appeal
29 Sep 2023 Golden Core Trade and Invest (Pty) Ltd v Merafong City Local Municipality and Another[2023] ZASCA 126 · Administrative law – delay – legality review– reactive challenge – s 8(9) of the Water Services Act 108 of 1977 – whether the high court err... Supreme Court of Appeal
24 Aug 2023 Mncwabe v President of the Republic of South Africa and Others And Mathenjwa v President of the Republic of South Africa and Others (Consolidated matters)[2023] ZACC 29 · National Prosecuting Authority Act 32 of 1998 — sections 12, 13(1) and 14(3) — Appointments in National Prosecuting Authority — Functus offi... Constitutional Court
21 Aug 2023 Rand Refinery Limited v Sehunane N.O. and Others[2023] ZACC 28 · Section 34 of the Bill of Rights — Labour Court deciding case without reference to answering affidavit — fundamental right of access to cour... Constitutional Court
15 Aug 2023 Koch & Kruger Brokers CC and Another v Financial Sector Conduct Authority and Others[2023] ZACC 27 · Section 34 of Bill of Rights — separated issue — High Court allegedly straying beyond separated issue — separated issue misconceived Constitutional Court
2 Aug 2023 Mudau v Municipal Employees Pension Fund and Others[2023] ZACC 26 · Pension Funds Act 24 of 1956 — section 12 — amendment of rules — pension fund may not apply retrospective rule amendment prior to registrati... Constitutional Court
12 Jul 2023 South African Council of Educators v Deon Scheepers and Others[2023] ZACC 23 · South African Council of Educators — professional discipline Constitutional Court
26 Jun 2023 Advertising Regulatory Board NPC and Others v Bliss Brands (Pty) Limited[2023] ZACC 19 Constitutional Court
9 Jun 2023 Makana People’s Centre v Minister of Health & Others[2023] ZACC 15 · Mental Health Care Act 17 of 2002 — sections 33-4 — statutory regime for involuntary admission and treatment — constitutional validity — sec... Constitutional Court
31 May 2023 East Rand Member District of Chartered Accountants and Another v Independent Regulatory Board for Auditors and Others (1132022)[2023] ZASCA 81 · Application for leave to appeal – referral to oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – Mandatory Audit Firm... Supreme Court of Appeal
29 May 2023 Steenhuisen and Another v Van Rooyen and Others[2023] ZASCA 78 · Administrative law – review of Public Protector’s decision on whether in responding to a written parliamentary question the first respondent... Supreme Court of Appeal
28 Mar 2023 Independent Community Pharmacy Association v The New Clicks Group Limited[2023] ZACC 10 · Pharmacy Act 53 of 1974 — section 22A — Ownership of Pharmacies — Regulations relating to the Ownership and Licensing of Pharmacies — regula... Constitutional Court
24 Mar 2023 Media summary Commissioner for the South African Revenue Service v Rappa Resources (Pty) Ltd[2023] ZASCA 28 · Section 105 of the Tax Administration Act of 2011 – a taxpayer may only dispute an assessment by objection and appeal in terms of ss 104 to... Supreme Court of Appeal
24 Mar 2023 Media summary United Manganese of Kalahari (Pty) Ltd v Commissioner for the South African Revenue Service[2023] ZASCA 29 · Section 105 of the Tax Administration Act of 2011 – a taxpayer may only dispute an assessment by objection and appeal in terms of ss 104 to... Supreme Court of Appeal
15 Mar 2023 Minister of Water and Sanitation and Others v Casper Jacobus Lotter N.O and Others[2023] ZACC 9 Constitutional Court
10 Mar 2023 Ledla Structural Development (Pty) Limited and Others v Special Investigating Unit[2023] ZACC 8 · Special Tribunal established in terms of section 2 of the Special Investigating Units and Special Tribunals Act — Special Tribunal is not a... Constitutional Court
8 Feb 2023 Minister of Tourism and others v Afriforum NPC and Another[2023] ZACC 7 · Disaster Management Act 57 of 2002 — Tourism Relief Fund — Broad-Based Black Economic Empowerment— B-BBEE 2 Covid-19 — state of disaster — m... Constitutional Court
1 Feb 2023 Mfoza Service Station (Pty) Limited v Engen Petroleum Limited and Another[2023] ZACC 3 · Petroleum Products Act 120 of 1977— section 12B(4)(a) — powers of an arbitrator — awarding of damages as a remedy 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
30 Nov 2022 Mapholisa N O v Phetoe N O and Others[2022] ZASCA 168 · Administrative law – review of decision of one organ of state by another – whether review under the Promotion of Administrative Justice Act... 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
18 Nov 2022 Rustenburg Platinum Mines Limited and Another v The Regional Manager, Limpopo Region, Department of Mineral Resources and Others[2022] ZASCA 157 · Administrative Law – review of decisions of Regional Manager and Deputy Director General of the Department of Mineral resources and Energy.... 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
29 Sep 2022 Centre for Child Law v Director for Public Prosecutions , Johannesburg and Others[2022] ZACC 35 · Drugs and Drug Trafficking Act 140 of 1992 — constitutionality of section 4(b) — order of constitutional invalidity confirmed Section 28 of... Constitutional Court
21 Sep 2022 Blind SA v Minister of Trade, Industry and Competition and Others[2022] ZACC 33 · Copyright Act 98 of 1978 — constitutionality of sections 6 and 7, read with section 23 — provisions are unconstitutional — infringement of t... 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
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
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

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.