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South Africa decisions
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Gwiba v S (117/2019) [2019] ZASCA 155 (27 November 2019)
The Supreme Court of Appeal held that leave to appeal should have been granted because the appellant had reasonable prospects of success.
City of Johannesburg Metropolitan Municipality v Chairman of the National Building Regulations Review Board and Others (58705/2015) [2017] ZAGPPHC 580 (29 June 2017)
Section 9 of the National Building Regulations and Building Standards Act, to the extent that it empowers the National Building Regulations Review Board to exercise appellate power over municipal planning decisions, is unconstitutional and invalid. The Constitution reserves municipal planning as an exclusive function of local government, and national or provincial entities may not override or replace municipal decisions in this domain. The Review Board's decision to entertain the appeal of the fourth to ninth respondents was erroneous, as they lacked locus standi, not being parties to the ori…
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Competition Commission v Computicket (Pty) Ltd (853/2013) [2014] ZASCA 185; [2015] 1 CPLR 15 (SCA) (26 November 2014)
The Supreme Court of Appeal held that, following the 17th Constitution Amendment Act, its jurisdiction over competition matters is confined to those specifically contemplated in s 62(2) of the Competition Act. The court found that the interlocutory application for discovery and production of documents did not constitute a 'constitutional matter' under s 62(2)(b), as Computicket's right to a fair hearing and to discovery was not in dispute and the application did not raise a bona fide constitutional question. The court further held that even if the matter were constitutional, s 63(2) of the Ac…
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S v Fourie (203/2000) [2001] ZASCA 79; [2001] 4 All SA 365 (A); 2001 (2) SACR 118 (SCA) (1 June 2001)
The Supreme Court of Appeal held that the convictions for kidnapping and attempted rape were finally determined when the petition for leave to appeal was refused, and the Court lacked jurisdiction to reconsider those convictions. The appeal could only be considered on the limited ground for which leave was granted, namely whether, assuming the possibility of an accomplice, the act causing the deceased's death fell within the common purpose. The Court found no merit in the argument that the act causing death was not within the appellant's contemplation, given the nature of the attack and the e…
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Neethling v Du Preez and Others, Neethling v Weekly Mail and Others (184/91, 401/91) [1994] ZASCA 133; 1995 (1) SA 292 (AD); [1995] 1 All SA 441 (A) (27 September 1994)
The court held it could assess damages itself in principle, but remitted the defamation cases to the trial court because no special circumstances justified departure from the usual rule.
S v Gopal (89/91) [1993] ZASCA 126 (17 September 1993)
Appeal dismissed. The court held that the appellant failed to give an acceptable explanation for non-compliance with appeal procedure and had no prospects of success.
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