South Africa Case Law

Highveld Honey Farms (Pty) Ltd v Minister of Agriculture, Land Reform and Rural Development (032973/2022)

Highveld Honey Farms (Pty) Ltd v Minister of Agriculture, Land Reform and Rural Development (032973/2022) [2024] ZAGPPHC 1322 (11 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

032973/2022

Judge

N Davis

Leave to appeal was refused because the applicant could not overcome mootness or justify new evidence on appeal, and no compelling reason for leave was shown.

• Mootness
• Review Of Administrative Action
• Adducing Further Evidence On Appeal
• Costs Award
• Declaratory Relief
• Administrative-review

Parker Beusekom Partnership v Smith (A159/2023)

Parker Beusekom Partnership v Smith (A159/2023) [2024] ZAFSHC 259 (30 August 2024)

Court

Free State High Court, Bloemfontein

Case number

A159/2023

Judges

Musi JP, Opperman J, Daniso J

The court allowed further evidence on appeal, found the appeal moot after the respondent returned to South Africa, and dismissed the appeal with costs.

• Security For Costs
• Mootness
• Adducing Further Evidence On Appeal
• Peregrinus
• Superior Courts Act
• Rule 47 Procedure

Namlela and Another v S (CA&R 16/2024)

Namlela and Another v S (CA&R 16/2024) [2024] ZAECMKHC 25 (7 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 16/2024

Judge

Govindjee

High Court bail appeal refusing further evidence and upholding bail refusal because the appellants were found to be flight risks.

• Bail Proceedings
• Adducing Further Evidence On Appeal
• Flight Risk
• Interests Of Justice
• Magistrate Discretion
• Personal Liberty

Pretorius v S (A 526/2017)

Pretorius v S (A 526/2017) [2021] ZAGPPHC 893 (5 October 2021)

Court

North Gauteng High Court, Pretoria

Case number

A 526/2017

Judges

Maumela, PD Phahlane

The High Court dismissed Pretorius’s application to adduce further evidence on appeal, finding the proposed evidence immaterial to his indecent assault conviction.

• Indecent Assault
• Single Witness Evidence
• Cautionary Rule
• Adducing Further Evidence On Appeal
• Child Witness
• Sexual Offences

Nkanyane v S (A29/2020)

Nkanyane v S (A29/2020) [2021] ZAFSHC 337 (10 September 2021)

Court

Free State High Court, Bloemfontein

Case number

A29/2020

Judges

Chesiwe, Opperman

The court found that the complainant's testimony was credible and corroborated by medical and witness evidence. The appellant's version was rejected as false beyond reasonable doubt. The application to adduce further evidence was dismissed because the complainant's affidavit did not support the appellant's claims and confirmed her original testimony. The trial court properly considered all relevant factors, including the appellant's previous convictions and lack of remorse, and found no substantial and compelling circumstances to deviate from the prescribed minimum sentence. The sentence of l…

Source excerpt

• Rape
• Minimum Sentencing
• Adducing Further Evidence On Appeal
• Credibility Of Witnesses
• Substantial And Compelling Circumstances

Mahlangu v S (A364/2016)

Mahlangu v S (A364/2016) [2017] ZAGPPHC 525 (18 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

A364/2016

Judges

SKOSANA, NP Mali

Criminal appeal against a rape conviction based on a guilty plea and section 112(2) statement. The High Court dismissed the appeal and refused further evidence.

• Rape
• Guilty Plea
• Minimum Sentences Act
• Adducing Further Evidence On Appeal
• Section 112 Statement
• Criminal-law

Munyai v S (A109/2016)

Munyai v S (A109/2016) [2017] ZAGPJHC 121; [2017] 3 All SA 23 (GJ); 2017 (2) SACR 168 (GJ) (22 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A109/2016

Judges

Sutherland, Shangisa

Appeal against a rape conviction and life sentence succeeded in part: the court set aside the conviction and sentence and remitted the matter for further evidence.

• Rape
• Recantation Of Evidence
• Adducing Further Evidence On Appeal
• Credibility Of Witnesses
• Case Management
• Bail Pending Trial

Tofa v S (20133/14)

Tofa v S (20133/14) [2015] ZASCA 26 (20 March 2015)

Court

Supreme Court of Appeal

Case number

20133/14

Judges

Mpati, Majiedt, Schoeman

The Supreme Court of Appeal dismissed a rape conviction appeal and refused further evidence, holding the new affidavit failed the test for admission.

• Rape
• Single Witness Evidence
• Adducing Further Evidence On Appeal
• Credibility Of Witness
• Consent In Sexual Offences
• Criminal-appeal

Clifton Dunes Investments 100 Limited and Another v City Capital SA Property Holdings Limited (169/14)

Clifton Dunes Investments 100 Limited and Another v City Capital SA Property Holdings Limited (169/14) [2015] ZASCA 12 (16 March 2015)

Court

Supreme Court of Appeal

Case number

169/14

Judges

Lewis, Maya, Majiedt, Pillay, Zondi

SCA upheld a finding that the loan to the property company was R20 321 248, not R25 million, and dismissed the appeal with costs.

• Property Syndication
• Loan Determination
• Shareholder Rights
• Audited Financial Statements
• Purchase Consideration
• Adducing Further Evidence On Appeal

Sias v S (A 471/12)

Sias v S (A 471/12) [2014] ZAWCHC 65 (2 May 2014)

Court

Western Cape High Court, Cape Town

Case number

A 471/12

Judges

J I Cloete, R Allie

Criminal appeal about whether a recanting complainant affidavit could justify further evidence and whether the appeal should be postponed for a trial-court application.

• Adducing Further Evidence On Appeal
• Recanting Witness
• Fair Trial Rights
• Condonation
• Postponement Of Appeal
• Criminal-appeal