South Africa Case Law

Grand Valley Estates (Pty) Limited and Others v Mpumalanga Tourism and Parks Agency and Others (34502/2010)

Grand Valley Estates (Pty) Limited and Others v Mpumalanga Tourism and Parks Agency and Others (34502/2010) [2024] ZAGPPHC 1097 (1 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

34502/2010

Judge

Tuchten

The application for admission of transcript and related evidence from the aborted trial is dismissed. The law requires that, absent agreement, a new trial judge must hear evidence de novo. The reliability and probative value of transcripts do not override the necessity for the trial judge to assess witnesses in person, especially where all witnesses are available to testify. The public hearing requirement and the need for the judge to observe demeanour and credibility in open court outweigh the plaintiffs' arguments for efficiency and cost savings. The application to admit affidavits of unava…

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• Admission Of Evidence
• Hearsay Evidence
• Collusive Agreement
• Damages Assessment
• Public Hearing Requirement
• Witness Summaries

Pringle v Mailula (773/23)

Pringle v Mailula (773/23) [2024] ZASCA 146; 2025 (1) SACR 117 (SCA) (25 October 2024)

Court

Supreme Court of Appeal

Case number

773/23

Judges

Mokgohloa, Mabindla-Boqwana, Keightley, Baartman, Masipa

The Supreme Court of Appeal held that further evidence was properly received under the Protection from Harassment Act and reinstated the protection order.

• Protection From Harassment Act
• Harassment
• Racial Slur
• Procedural Fairness
• Admission Of Evidence
• Protection-from-harassment

Nojiyeza v S (AR185/23)

Nojiyeza v S (AR185/23) [2024] ZAKZPHC 63; 2024 (2) SACR 516 (KZP) (12 August 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR185/23

Judges

Chithi, Sibisi

The court found that the admissions made by the appellant's legal representative during pre-trial conferences regarding the ballistic report and chain evidence constituted formal admissions under section 220 of the Criminal Procedure Act. These admissions relieved the State of the burden to prove those facts, and the appellant did not challenge or seek to revoke them at any stage. The ballistic report was properly admitted, and the appellant's attorney had a copy, making it unnecessary to read it into the record. The evidence of the police officers was corroborated and clear regarding the rec…

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• Possession Of Prohibited Firearm
• Possession Of Ammunition
• Admission Of Evidence
• Standard Of Proof
• Chain Of Evidence
• Mutually Destructive Versions

S v Mlambo and Others (Leave to Appeal) (CC31/2019)

S v Mlambo and Others (Leave to Appeal) (CC31/2019) [2024] ZAGPPHC 393 (12 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC31/2019

Judge

G T Avvakoumides

The court found that all accused were given the opportunity to make submissions regarding the recusal application. The record shows that each legal representative either relied on the confirmatory affidavits or aligned themselves with the submissions made by counsel for accused 1. No counsel indicated a desire to make further submissions beyond those affidavits. The court rejected the assertion that the accused were deprived of their rights under sections 34 and 35 of the Constitution. Regarding the Tribal Chief's statement, the court held that its provisional acceptance was subject to cross-…

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• Recusal Of Judge
• Leave To Appeal
• Fair Trial Rights
• Admission Of Evidence

Instelec Services CC and Another v Ideal Electrical and Mining Supplies (Pty) Ltd and Others (25450/2020;13856/2020)

Instelec Services CC and Another v Ideal Electrical and Mining Supplies (Pty) Ltd and Others (25450/2020;13856/2020) [2024] ZAGPJHC 6 (4 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

25450/2020;13856/2020

Judge

Fisher

The High Court refused condonation and dismissed a review of an arbitration ruling, finding the late challenge unjustified and the refusal of further documents proper.

• Arbitration Review
• Condonation
• Gross Irregularity
• Admission Of Evidence
• Punitive Costs
• Enforcement Of Arbitral Award

Modibedi v Raborife N.O and Another (M614/2022)

Modibedi v Raborife N.O and Another (M614/2022) [2023] ZANWHC 182 (3 October 2023)

Court

North West High Court, Mafikeng

Case number

M614/2022

Judges

FMM Reid, S Mfenyana

None of the grounds for review advanced by the applicant were sustained. The court found no evidence that the Magistrate read or relied on the bail affidavit, and her conduct in handing it to the prosecutor was appropriate. The death of the witness was not disputed, and the absence of a death certificate did not constitute a procedural irregularity. The complainant's evidence was uncontested, as the defence chose not to cross-examine, and the Magistrate was correct to accept it. The State was not obliged to call all listed witnesses, and the defence could have called any of them. The absence…

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• Review Of Magistrates Court Proceedings
• Bias And Recusal
• Admission Of Evidence
• Single Witness Cautionary Rule
• Rape Conviction
• Procedural Irregularity

Lion of Africa Life Assurance Co Ltd v NeFG Fund Management (Pty) Ltd and Others (5540/2022)

Lion of Africa Life Assurance Co Ltd v NeFG Fund Management (Pty) Ltd and Others (5540/2022) [2023] ZAGPJHC 550 (23 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

5540/2022

Judge

S Yacoob

The court confirmed a provisional winding-up order, placing the first respondent in final liquidation and awarding costs against intervening respondents for their conduct.

• Final Winding Up
• Intervention Of Parties
• Costs Award
• Admission Of Evidence
• Liquidation Proceedings
• Final-winding-up

Zwane obo Nthando v Member Of The Executive Council For Health,Gauteng Province (34058/2015)

Zwane obo Nthando v Member Of The Executive Council For Health,Gauteng Province (34058/2015) [2023] ZAGPJHC 114 (10 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

34058/2015

Judge

Sutherland DJP

Leave to appeal was granted in a medical negligence matter involving a baby’s stroke, missing hospital records, and disputes over documentary evidence.

• Medical Negligence
• Admission Of Evidence
• Weight Of Evidence
• Missing Hospital Records
• Medical-negligence
• Leave-to-appeal

Mashigo v Safety and Security Sectoral Bargaining Council and Others (JR 269/2020)

Mashigo v Safety and Security Sectoral Bargaining Council and Others (JR 269/2020) [2022] ZALCJHB 141; (2022) 43 ILJ 2042 (LC) (1 June 2022)

Court

Labour Court Johannesburg

Case number

JR 269/2020

Judge

Prinsloo

The Court found that the parties had expressly agreed that the record of the disciplinary hearing and previous arbitration proceedings, including the transcript of oral evidence, would be admitted as evidence in the arbitration de novo, and that no witnesses would be called. This agreement falls within the third scenario described in Hillside Aluminium, permitting the arbitrator to accept the entire record as evidence. The transcript contained sworn testimony and cross-examination, constituting proper evidence. The Applicant's argument that a stated case was required is unsustainable, as oral…

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• Condonation Of Late Filing
• Arbitration Review
• Admission Of Evidence
• Stated Case
• Unfair Dismissal

African Unity Life Ltd v Boikanyo's Funeral Home (M12/2018)

African Unity Life Ltd v Boikanyo's Funeral Home (M12/2018) [2022] ZANWHC 9 (25 March 2022)

Court

North West High Court, Mafikeng

Case number

M12/2018

Judge

R D Hendricks

The application to admit the omitted annexure was dismissed because it constituted an attempt to circumvent standing procedural orders made by Gura J, which required that points in limine be argued first and prohibited further affidavits without court consent. The applicant's conduct was found to be a flagrant disregard of these orders and an abuse of the court's process. The court held that procedural directives, even if not final in nature, must be complied with unless set aside. The application did not fall within the ambit of Rule 6(5)(e), and the argument that the matter was interlocutor…

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• Points In Limine
• Locus Standi
• Admission Of Evidence
• Res Judicata
• Abuse Of Process