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South Africa decisions
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Samuels v S (A185/2023) [2025] ZAWCHC 152 (28 March 2025)
The Western Cape High Court dismissed Bradley Samuels’ appeal against a 15-year effective sentence for two murders committed as a juvenile.
Mkila v S (4154/2024) [2024] ZAMPMHC 55 (23 September 2024)
The High Court dismissed an urgent bail-pending-appeal application because the appeal record had not yet been filed and the appeal was not before the court.
Mpaku v S (CA31/2018) [2024] ZANWHC 184 (11 July 2024)
The High Court upheld a criminal appeal because the trial record was incomplete, making proper appellate review impossible. The conviction, sentence, and custody order were set aside.
Vardien v S (A36/2024) [2024] ZAWCHC 79 (11 March 2024)
The High Court dismissed an appeal against refusal of bail pending appeal, finding the Child Justice Act did not apply and no basis to disturb the flight-risk assessment.
Matsi and Another v South African Legal Practice Council (GP) (078312/2023) [2024] ZAGPPHC 120 (12 February 2024)
The court dismissed an unnecessary leave-to-appeal application, holding that section 18(4) of the Superior Courts Act gave the applicants an automatic right of appeal.
Hashtag Movement v Ethiopian Church of South Africa and Others (1046/2023) [2023] ZASCA 173 (8 December 2023)
The Supreme Court of Appeal held it lacked jurisdiction over an automatic appeal under s 18(4) because the order was made by a single judge of the High Court.
City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd and Others (1124/2022) [2023] ZASCA 104; 2023 (6) SA 434 (SCA) (22 June 2023)
Section 18(4) of the Superior Courts Act creates a unique, expedited appeal mechanism for orders made under section 18(3), granting a single automatic right of appeal to the next highest court. The statutory language, context, and purpose make clear that only one such appeal is permitted, and no further automatic appeals are available. The Constitution does not guarantee an unlimited right of appeal in civil matters, and reasonable limitations are permissible. The Municipality's notice of appeal to the Supreme Court of Appeal was therefore irregular and void, as the full court of the Gauteng…
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Special Investigating Unit and Another v LNG Scientific (Pty) Ltd (GP03/2022) [2023] ZAST 4 (3 February 2023)
The Tribunal found that, in the absence of a specific rule regulating the period for noting an appeal to the Full Court, Uniform Rule 49(2) should be invoked under Tribunal Rule 28(1). This requires LNG Scientific to have filed its notice of appeal within 20 days of the Tribunal's order dated 7 September 2022. Since LNG Scientific failed to do so, and condonation has not yet been granted, there is no proper appeal pending before the Full Court. The Tribunal rejected LNG Scientific's argument that the 20-day period does not apply where leave to appeal is refused, holding that the automatic rig…
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Road Accident Fund v Newnet Properties (Pty) Ltd t/a Sunshine Hospital and Another (6088/2022) [2022] ZAGPPHC 948; 2023 (5) SA 289 (GP) (6 December 2022)
The High Court held that Newnet failed to show exceptional circumstances to lift the suspension of an order pending appeal under section 18 of the Superior Courts Act.
Emfuleni Local Municipality and Another v Eskom Holdings SOC Ltd and Another (76183/2019) [2022] ZAGPPHC 771 (14 October 2022)
The court held that Acting Judge Vorster was legally competent to adjudicate the section 18(3) application under section 48 of the Superior Courts Act, as he had participated in the main proceedings and the application for leave to appeal was still pending. The practice of having the original judge hear execution applications is well-established and promotes judicial efficiency. The appellants' failure to comply with court directives and refusal to recognize the Judge's authority did not entitle them to relief, and the absence of a condonation application justified proceeding without their An…
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