South Africa Case Law

Poseidon Operations (Pty) Ltd v Commissioner for South African Revenue Service and Others (23278/2022)

Poseidon Operations (Pty) Ltd v Commissioner for South African Revenue Service and Others (23278/2022) [2025] ZAGPPHC 539 (26 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

23278/2022

Judge

N.N Bam

The court found that the applicant had demonstrated, on the evidence, that the goods were not diverted and were delivered to the intended recipient in the DRC. The applicant's explanation for the error was credible, given the extraordinary circumstances of the COVID-19 pandemic and operational disruptions. SARS failed to conduct a fair and thorough investigation and did not substantiate its allegations of diversion or intention to mislead. The court admitted the applicant's hearsay evidence, supported by contemporaneous records and an affidavit from the mine employee, as it was reliable and c…

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• Customs And Excise Act
• Remission And Mitigation Of Penalties
• Promotion Of Administrative Justice Act
• Condonation For Delay
• Admission Of Hearsay Evidence
• Judicial Review

MEC Dept Of Health v Public Health Social Development Sectoral Bargaining Council and Others (C761/2021)

MEC Dept Of Health v Public Health Social Development Sectoral Bargaining Council and Others (C761/2021) [2025] ZALCCT 20; [2025] 6 BLLR 618 (LC); (2025) 46 ILJ 1391 (LC) (2 April 2025)

Court

Labour Court Cape Town

Case number

C761/2021

Judge

Lagrange

The Labour Court set aside an arbitration award after finding a doctor’s dismissal for attending work intoxicated was substantively and procedurally fair.

• Dismissal For Misconduct
• Gross Negligence
• Admission Of Hearsay Evidence
• Progressive Discipline
• Occupational Health And Safety
• Dismissal-for-misconduct

Gold Plat Recovery (Pty) Ltd v AMCU obo Maluleke and Others (JS202/21)

Gold Plat Recovery (Pty) Ltd v AMCU obo Maluleke and Others (JS202/21) [2024] ZALCJHB 495 (28 November 2024)

Court

Labour Court Johannesburg

Case number

JS202/21

Judge

RN Daniels

The Labour Court granted condonation for a late leave-to-appeal application but dismissed it, finding no denial of a chance to lead evidence on hearsay.

• Admission Of Hearsay Evidence
• Leave To Appeal
• Condonation
• Trial Procedure
• Leave-to-appeal
• Hearsay-evidence

Sithole v Commission For Conciliation, Mediation and Arbitration and Others (JR1527/22)

Sithole v Commission For Conciliation, Mediation and Arbitration and Others (JR1527/22) [2024] ZALCJHB 376 (20 September 2024)

Court

Labour Court Johannesburg

Case number

JR1527/22

Judge

Beckenstrater

The court found that even if the Commissioner improperly admitted hearsay evidence, the error did not have a distorting effect on the outcome of the award. The Commissioner’s findings regarding the applicant’s involvement in irregular appointments were reasonable based on the totality of the evidence, excluding hearsay. The applicant failed to discharge the evidentiary burden to explain his role in the recruitment of individuals under false credentials and the processing of irregular employment documentation. The Commissioner’s error regarding the use of Prince Sithole’s banking details was n…

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• Unfair Dismissal
• Admission Of Hearsay Evidence
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness

Mabule v Commission for Conciliation, Mediation and Arbitration and Others (JR1615/21)

Mabule v Commission for Conciliation, Mediation and Arbitration and Others (JR1615/21) [2024] ZALCJHB 365; [2024] 12 BLLR 1294 (LC) (13 September 2024)

Court

Labour Court Johannesburg

Case number

JR1615/21

Judge

S Maluleke

The Labour Court set aside an arbitration award after finding the commissioner failed to properly consider admitting hearsay evidence from an internal disciplinary transcript.

• Admission Of Hearsay Evidence
• Review Of Arbitration Award
• Substantive Fairness Of Dismissal
• Remittal For De Novo Hearing
• Labour-law
• Ccma-review

Canterbury and Another v S (A246/2023)

Canterbury and Another v S (A246/2023) [2024] ZAWCHC 188 (22 July 2024)

Court

Western Cape High Court, Cape Town

Case number

A246/2023

Judges

Lekhuleni J, Saldanha V

High Court appeal against conviction and sentence from Parow Regional Court. First appellant’s convictions for murder, attempted murder and firearm offences were upheld; second appellant’s convictions were set aside.

• Murder
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Gang Related Offences
• Admission Of Hearsay Evidence

Meintjies v Passenger Rail Agency of South Africa (21207/2018)

Meintjies v Passenger Rail Agency of South Africa (21207/2018) [2023] ZAWCHC 142 (12 June 2023)

Court

Western Cape High Court, Cape Town

Case number

21207/2018

Judge

B P Mantame

The court found that the plaintiff failed to prove on a balance of probabilities that he was a passenger on the defendant's train at the time of the incident. The evidence, including medical and ambulance records, as well as hearsay statements from bystanders and security personnel, indicated that the plaintiff was injured while illegally crossing the railway tracks, likely under the influence of heroin. The plaintiff's and his witness's testimonies were inconsistent, implausible, and contradicted by objective evidence. The court admitted the hearsay evidence in the interests of justice and h…

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• Negligence
• Admission Of Hearsay Evidence
• Credibility Of Witnesses
• Pre Trial Agreements

Roche v Lebaea and Others (C530/2021)

Roche v Lebaea and Others (C530/2021) [2023] ZALCCT 16 (17 April 2023)

Court

Labour Court Cape Town

Case number

C530/2021

Judge

Lagrange

The Labour Court set aside an arbitration award after finding the arbitrator unreasonably admitted hearsay and misread the evidence on a dismissal dispute.

• Admission Of Hearsay Evidence
• Substantive Fairness
• Procedural Fairness
• Polygraph Evidence
• Disciplinary Code Interpretation
• Labour-law

Mojela v Road Accident Fund

Mojela v Road Accident Fund [2023] ZAGPPHC 327; 56804/21 (31 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

56804/21

Judge

D J Erasmus

The High Court held the Road Accident Fund liable for 100% of the plaintiff’s damages after a motor vehicle accident and awarded loss of earnings of R4,847,125.00.

• Road Accident Fund Act
• Loss Of Earning Capacity
• Contingency Deductions
• Admission Of Hearsay Evidence
• Road-accident-fund
• Loss-of-earnings

Kapa v S (CCT 292/21)

Kapa v S (CCT 292/21) [2023] ZACC 1; 2023 (4) BCLR 370 (CC); 2023 (1) SACR 583 (CC) (24 January 2023)

Court

Constitutional Court

Case number

CCT 292/21

Judges

Baqwa AJ, Kollapen J, Madlanga J, Majiedt J, Mathopo J, Mbatha AJ, Mhlantla J, Rogers J, Tshiqi J

The Constitutional Court held that the admission of Ms Dasi's hearsay statement was justified under section 3(1)(c) of the Law of Evidence Amendment Act, as the interests of justice required its admission. The statement was contemporaneous, provided a first-hand account of the assault, and was corroborated by forensic, DNA, and circumstantial evidence. Although the applicant was prejudiced by the inability to cross-examine Ms Dasi, the cumulative weight of the evidence established a strong prima facie case of his involvement in the murder. The Court found that the High Court correctly admitte…

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• Admission Of Hearsay Evidence
• Fair Trial Rights
• Law Of Evidence Amendment Act
• Section 35 Constitution
• Doctrine Of Common Purpose
• Minimum Sentence