South Africa Case Law

South Mead (Pty) (Ltd) t/a Meister Cold Store v Acrow Limited (A357/2023)

South Mead (Pty) (Ltd) t/a Meister Cold Store v Acrow Limited (A357/2023) [2024] ZAGPPHC 1121 (12 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

A357/2023

Judges

Lesufi, Millar, Hassim

The appeal was dismissed on the basis that the decision of the court a quo to set aside the taxation of the bill of costs was not appealable. The decision lacked finality, was not definitive of the rights of the parties, and did not dispose of any portion of the relief claimed in the main proceedings. The appellant retains the right to set the bill of costs down for taxation afresh, and the Taxing Master will reconsider the bill after proper notice. The principles established in Zweni v Minister of Law and Order remain applicable, and the court found no reason to depart from them. Accordingly…

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• Appealability Of Interlocutory Orders
• Finality Of Decisions
• Costs Taxation
• Superior Courts Act
• Rule 30 Irregular Steps

Cloete and Another v S; Sekgala v Nedbank Limited (CCT324/17; CCT63/18)

Cloete and Another v S; Sekgala v Nedbank Limited (CCT324/17; CCT63/18) [2019] ZACC 6; 2019 (5) BCLR 544 (CC); 2019 (4) SA 268 (CC); 2019 (2) SACR 130 (CC) (19 February 2019)

Court

Constitutional Court

Case number

CCT324/17; CCT63/18

Judges

Mogoeng, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Petse, Theron

The Constitutional Court held that ordinarily, no appeal lies against a decision of the President of the Supreme Court of Appeal under section 17(2)(f) of the Superior Courts Act. Such decisions are generally factual in nature, concerning whether exceptional circumstances exist, and do not engage the Constitutional Court's jurisdiction unless compelling circumstances are present. The President's decision is not a final decision on the merits and does not dispose of the rights of the parties. Allowing appeals against these decisions would create a dual appeal process, leading to piecemeal adju…

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• Superior Courts Act Section 17 2 F
• Leave To Appeal
• Jurisdiction Of Constitutional Court
• Finality Of Decisions
• Exceptional Circumstances

S v Western Areas Ltd and Others ((065/2004,245/04))

S v Western Areas Ltd and Others ((065/2004,245/04)) [2005] ZASCA 31; [2005] 3 All SA 541 (SCA); 2005 (5) SA 214 (SCA); 2005 (1) SACR 441 (SCA); 2005 (12) BCLR 1269 (SCA) (31 March 2005)

Court

Supreme Court of Appeal

Case number

065/2004,245/04

Judges

Howie, Scott, Farlam, Mthiyane, Cloete

The Supreme Court of Appeal held that it does not have jurisdiction to hear an appeal against the dismissal of an objection to the indictment before the close of the criminal trial, unless the interests of justice so require. The decision of the High Court was not final in law, as it remained open to reconsideration at the end of the trial and did not dispose of any substantial portion of the relief claimed. The Court rejected the argument that s 168(3) of the Constitution confers unlimited appellate jurisdiction, finding that appealability remains governed by statutory provisions and establi…

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• Appealability
• Objection To Indictment
• Interests Of Justice
• Finality Of Decisions
• Constitutional Interpretation

Zweni v Minister of Law and Order of the Republic of South Africa (310/91)

Zweni v Minister of Law and Order of the Republic of South Africa (310/91) [1992] ZASCA 197; [1993] 1 All SA 365 (A); 1993 (1) SA 523 (A) (20 November 1992)

Court

Supreme Court of Appeal

Case number

310/91

Judges

Hoexter, Hefer, F H Grosskopf, Nienaber, Harms

The court held that the discovery ruling was not an appealable judgment or order because it lacked finality and did not dispose of substantial relief.

• Appealable Judgment Or Order
• Interlocutory Orders
• Leave To Appeal
• Finality Of Decisions
• Civil-procedure
• Leave-to-appeal