South Africa Case Law

Mokoena v Dinkebogile Transport Services (Reasons) (CIV APP RC 09/2020)

Mokoena v Dinkebogile Transport Services (Reasons) (CIV APP RC 09/2020) [2025] ZANWHC 88 (27 May 2025)

Court

North West High Court, Mafikeng

Case number

CIV APP RC 09/2020

Judges

Hendricks, Masike

The respondent failed to comply with multiple procedural requirements, including late filing of the notice of appeal, failure to provide security for costs, and submission of an incomplete record. No application for condonation was made for the incomplete record, nor was there any application to dispense with security for costs. The respondent did not take proper procedural steps to challenge the alleged irregularity of the application to strike, such as filing a notice under rule 30. The cumulative effect of these failures constituted a flagrant disregard for the rules of court. The appeal w…

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• Striking From Roll
• Security For Costs
• Condonation
• Appeal Record Completeness

Bangane v S (CA38/2023)

Bangane v S (CA38/2023) [2024] ZANWHC 200 (30 July 2024)

Court

North West High Court, Mafikeng

Case number

CA38/2023

Judges

Hendricks, Motsatsi

The court held that although the record was incomplete, the available judgment and summaries of evidence were sufficient for a fair and meaningful adjudication of the appeal. The missing testimony did not materially hamper the court's ability to evaluate the evidence relied upon by the trial court. The trial court's findings on identification, credibility, and the application of the cautionary rule were supported by the evidence and not vitiated by any material misdirection. The discrepancies in the State witnesses' evidence were immaterial and did not undermine their credibility. The appella…

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• Robbery With Aggravating Circumstances
• Identification Evidence
• Fair Trial Rights
• Appeal Record Completeness
• Credibility Of Witnesses

Mjoki v S (CA&R 39/2019)

Mjoki v S (CA&R 39/2019) [2020] ZAECMHC 20 (17 June 2020)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R 39/2019

Judges

M.S. Dunywa, Tokota

The appeal was struck off the roll because the appellant failed to file a complete record, including exhibits central to the appeal, and did not seek condonation.

• Appeal Record Completeness
• Admission Of Medical Evidence
• Failure To Comply With Court Order
• Criminal-appeal
• Appeal-record
• Non-compliance-with-court-order

Mphephu and Another v Mashau and Another (HCAA15/2019)

Mphephu and Another v Mashau and Another (HCAA15/2019) [2019] ZALMPPHC 42 (23 August 2019)

Court

Limpopo High Court, Polokwane

Case number

HCAA15/2019

Judges

Makgoba, Lamminga, Kganyago

The High Court struck an appeal from the roll because the record was incomplete, making it impossible to assess section 18 relief pending appeal.

• Superior Courts Act Section 18
• Exceptional Circumstances
• Irreparable Harm
• Appeal Record Completeness
• Superior-courts-act-section-18
• Appeal-record-completeness