South Africa Case Law

K20253553/34 v Sibiya N.O and Others (056154/2024)

K20253553/34 v Sibiya N.O and Others (056154/2024) [2025] ZAGPPHC 333 (28 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

056154/2024

Judge

M P Motha

The court found that although the original agreement provided for arbitration under AFSA rules, the parties subsequently agreed to conduct the arbitration privately and did not adhere to AFSA administration or its strict procedural requirements. The parties' conduct, including negotiations over the appeal process and panel composition, indicated an intention to depart from AFSA rules. The reference to Article 22 in the notice of appeal was not determinative, as there was no written and signed agreement to apply that article. The court held that the applicant's right to appeal had not lapsed,…

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• Arbitration Agreement
• Contractual Interpretation
• Declaratory Relief
• Appeal Rights
• Parol Evidence Rule

S v Mokwena (30/2023)

S v Mokwena (30/2023) [2024] ZANWHC 28 (6 February 2024)

Court

North West High Court, Mafikeng

Case number

30/2023

Judges

Hendricks JP, Petersen J

The court found that the Regional Magistrate failed to comply with the mandatory provisions of the Child Justice Act and Criminal Procedure Act by not transmitting the matter for automatic review timeously and by failing to properly explain the child offender's appeal rights. These failures constitute gross irregularities in the proceedings, resulting in a miscarriage of justice. The conviction and sentence were set aside, and the child offender was ordered to be released from detention immediately. The judgment was directed to be brought to the attention of the Magistrates' Commission, the R…

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• Child Justice Act
• Automatic Review
• Gross Irregularity
• Appeal Rights
• Sentencing Of Child Offenders

Freedom Front Plus v Electoral Commission of South Africa and Another (005/2019)

Freedom Front Plus v Electoral Commission of South Africa and Another (005/2019) [2019] ZAEC 1 (14 May 2019)

Court

Electoral Court

Case number

005/2019

Judges

W.L Wepener, B. Mbha, B. Lamont, Ms. S. Pather

The Court held that the failure of the Chief Electoral Officer to publish the registration of the second respondent in the Government Gazette meant that the statutory notification required to trigger the right of appeal had not occurred. As a result, the thirty-day period for lodging an appeal had not commenced, and the applicant's appeal could not be dismissed as out of time. The Electoral Commission's refusal to condone the late appeal and its consequent dismissal were procedurally incorrect. The Court reviewed and set aside the Commission's decision, confirming that the rights of aggrieved…

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• Electoral Registration
• Government Gazette Publication
• Appeal Rights
• Procedural Fairness

Zimmerman v Ndlambe Municipality and Others (226/2017)

Zimmerman v Ndlambe Municipality and Others (226/2017) [2017] ZAECGHC 76; [2017] 4 All SA 584 (ECG) (22 June 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

226/2017

Judge

Mageza AJ

The court found that the applicant, as an adjoining property owner, was directly affected by the rezoning and departure applications and was entitled to object and participate in the process. The municipality failed to comply with the requirements of procedural fairness under PAJA and SPLUMA by not affording the applicant adequate opportunity to make submissions, failing to provide full reasons and documentation, and denying her a proper appeal process. The approval was not supported by a valid site development plan and was driven by the interests of property developers rather than the stated…

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• Promotion Of Administrative Justice Act
• Municipal Planning
• Rezoning Procedure
• Procedural Fairness
• Standing Of Objectors
• Appeal Rights

Lugebu v Walter Sisulu University (1589/2013)

Lugebu v Walter Sisulu University (1589/2013) [2015] ZAECMHC 3 (29 January 2015)

Court

Eastern Cape High Court, Mthatha

Case number

1589/2013

Judge

N G Beshe

The High Court dismissed an urgent application for continued salary and benefits after the applicant’s dismissal, holding that dismissal is not suspended by internal appeal.

• Unlawful Dismissal
• Remuneration Pending Disciplinary
• Disciplinary Procedure
• Appeal Rights
• Costs Order
• Labour-law

Coerecius v S (A36/2012)

Coerecius v S (A36/2012) [2012] ZAWCHC 73 (16 March 2012)

Court

Western Cape High Court, Cape Town

Case number

A36/2012

Judges

Allie, Mantame

Appeal against rape and assault convictions dismissed; life sentence for rape confirmed, but assault sentences were adjusted to run concurrently.

• Rape
• Assault With Intent To Do Grievous Bodily Harm
• Minimum Sentencing
• Appeal Rights
• Common Purpose
• Sentencing

S v Jantjies (CA&R 107/2011)

S v Jantjies (CA&R 107/2011) [2012] ZANCHC 29 (10 February 2012)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 107/2011

Judges

Olivier R, Phatshoane R

The High Court partly upheld an appeal against criminal convictions, confirming housebreaking with intent to steal but setting aside attempted murder and firearm-related counts.

• Housebreaking
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Appeal Rights
• Record Reconstruction

Maree v S (95/2010)

Maree v S (95/2010) [2011] ZANCHC 7 (18 March 2011)

Court

Northern Cape High Court, Kimberley

Case number

95/2010

Judges

C J Olivier, C C Williams

The court held that the appellant's delay in filing the notice of appeal should be condoned. The conviction for robbery (count 1) was set aside due to material contradictions and lack of proof beyond reasonable doubt. The convictions for kidnapping (count 2), assault with intent to cause grievous bodily harm (count 3), and rape (counts 4 and 5) were confirmed, as the evidence, including medical corroboration and witness testimony, supported the findings of the trial court. However, the sentence of life imprisonment for rape was found to be disproportionate given the circumstances and absence…

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• Appeal Rights
• Rape Sentencing
• Mens Rea
• Credibility Of Witnesses
• Condonation
• Sentence Reduction

Nzimande v S (600/09)

Nzimande v S (600/09) [2010] ZASCA 80; 2010 (2) SACR 517 (SCA) (28 May 2010)

Court

Supreme Court of Appeal

Case number

600/09

Judges

MPATI P, Ponnan JA, Griesel AJA

The Supreme Court of Appeal held that the magistrate's finding regarding the appellant's intention was a factual inference drawn from the evidence, not a legal question. The State's complaint was that the magistrate drew an incorrect inference from the facts, which is an error of fact and does not confer a right of appeal under section 310 of the Criminal Procedure Act. The court relied on established precedent distinguishing between questions of law and fact, confirming that the high court lacked jurisdiction to entertain the State's appeal. Consequently, the appeal was struck off the roll.

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• Fraud
• Intention
• Criminal Procedure Act
• Appeal Rights
• Magistrates Courts Act

S v O'Kelly (P105/05)

S v O'Kelly (P105/05) [2006] ZAGPHC 160 (31 March 2006)

Court

High Courts - Gauteng

Case number

P105/05

Judges

B.R. Southwood, R.D. Claassen

The High Court refused leave to appeal against dismissal of a petition for leave to appeal, holding there were no exceptional circumstances for an open-court hearing.

• Leave To Appeal
• Summary Procedure
• Petition Dismissal
• Appeal Rights
• Leave-to-appeal
• Petition-for-leave-to-appeal