Bidvest Protea Coin Security (Pty) Ltd v Mandla Wellem Mabena (986/2023)
Bidvest Protea Coin Security (Pty) Ltd v Mandla Wellem Mabena (986/2023) [2025] ZASCA 23; 2025 (3) SA 362 (SCA) (26 March 2025)
The Supreme Court of Appeal held that it must first determine whether exceptional circumstances exist before reconsidering the refusal of special leave to appeal. The court found that both the trial court and the full court had considered Bidvest's defence of necessity, and there was no unfairness or procedural irregularity. The full court affirmed the trial court's findings and did not exclude the defence of necessity. As no exceptional circumstances were established, the court lacked jurisdiction to reconsider the refusal of special leave to appeal. The matter was accordingly struck from th…
Source excerpt
- Superior Courts Act Section 17 2 F
- Leave To Appeal
- Exceptional Circumstances
- Finality Of Petition Decision