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South Africa Case Law

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Criminal Law [2024] ZANWHC 296

Maleshane v S (Appeal) (CA25/2024)

Maleshane v S (Appeal) (CA25/2024) [2024] ZANWHC 296 (6 December 2024)

The High Court struck a criminal appeal from the roll because the notice of appeal did not set out clear, specific grounds of appeal as required by rule and statute.

  • Notice Of Appeal Requirements
  • Grounds Of Appeal
  • Criminal Procedure Act
  • Appeal Struck From Roll
  • Criminal-appeal
  • Notice-of-appeal
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Land And Property [2024] ZAMPMHC 42

Mahlangu and Others v Thembisile Hani Local Municipality (Leave to Appeal) (5018/2022)

Mahlangu and Others v Thembisile Hani Local Municipality (Leave to Appeal) (5018/2022) [2024] ZAMPMHC 42 (23 August 2024)

Leave to appeal against an eviction order was dismissed. The court found no reasonable prospects of success and held the application defective and improperly brought.

  • Eviction
  • Unlawful Occupation
  • Leave To Appeal
  • Alternative Accommodation
  • Authority To Act
  • Grounds Of Appeal
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Civil Procedure [2024] ZAECQBHC 28

Avbob Funeral Services v Buzani (2810/2020)

Avbob Funeral Services v Buzani (2810/2020) [2024] ZAECQBHC 28 (17 April 2024)

The High Court dismissed an application for leave to appeal because the grounds of appeal were not properly set out, though it condoned the late filing.

  • Leave To Appeal
  • Condonation Of Late Filing
  • Upliftment Of Bar
  • Grounds Of Appeal
  • Costs Order
  • Leave-to-appeal
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Criminal Law [2022] ZAFSHC 351

S v Thabethe and Others (08/2022)

S v Thabethe and Others (08/2022) [2022] ZAFSHC 351 (14 December 2022)

The court found that the alleged irregularity—the refusal to provide further and better particulars—was fully addressed in the judgment and forms part of the record. The accused have been provided with sufficient information to prepare for trial, including the indictment, statement of facts, and witness statements. The application for special entry is unnecessary because the irregularity, if any, appears on the record and can be raised as a ground of appeal under section 316. Furthermore, the application does not meet the requirements of section 317(1), as it is not bona fide and would consti…

  • Special Entry
  • Criminal Procedure Act Section 317
  • Irregularity In Proceedings
  • Grounds Of Appeal
  • Failure Of Justice
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Criminal Law [2021] ZAECGHC 119

Tyhala v S (CC22/2019)

Tyhala v S (CC22/2019) [2021] ZAECGHC 119 (23 November 2021)

The High Court struck an out-of-time leave-to-appeal application from the roll because the grounds were vague and the condonation affidavit failed to address prospects of success.

  • Leave To Appeal
  • Condonation
  • Rape Conviction
  • Life Imprisonment
  • Grounds Of Appeal
  • Criminal Procedure Act
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Civil Procedure [2021] ZAGPJHC 698

Sampson v Minister of Justice and Correctional Services and Others (34622/2016)

Sampson v Minister of Justice and Correctional Services and Others (34622/2016) [2021] ZAGPJHC 698 (11 November 2021)

The High Court dismissed an application for leave to appeal because the plaintiff provided no grounds of appeal and had not complied with procedure.

  • Leave To Appeal
  • Interlocutory Order
  • Superior Courts Act
  • Grounds Of Appeal
  • Leave-to-appeal
  • Interlocutory-orders
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Criminal Law [2021] ZAFSHC 69

Mosia and Another v S (23/2019)

Mosia and Another v S (23/2019) [2021] ZAFSHC 69 (24 March 2021)

The High Court dismissed two criminal leave-to-appeal applications, finding the grounds vague or repetitive and holding that no reasonable prospect of success was shown.

  • Leave To Appeal
  • Reasonable Prospect Of Success
  • Identity
  • Alibi
  • Grounds Of Appeal
  • Criminal-law
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Labour Law [2017] ZALCJHB 105

Mokitimi v Commission for Conciliation, Mediation and Arbitration and Another (J2934/12)

Mokitimi v Commission for Conciliation, Mediation and Arbitration and Another (J2934/12) [2017] ZALCJHB 105 (27 March 2017)

The Labour Court granted leave to appeal after finding that another court might reasonably reach a different conclusion on the earlier judgment.

  • Leave To Appeal
  • Reasonable Possibility Of Different Outcome
  • Grounds Of Appeal
  • Leave-to-appeal
  • Reasonable-prospects-of-success
  • Labour-court
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Civil Procedure [2016] ZAGPPHC 972

Chiura and Another v Absa Bank Limited and Others (29 November 2016) (7580/2007; 1730/2013; 20740/2013)

Chiura and Another v Absa Bank Limited and Others (29 November 2016) (7580/2007; 1730/2013; 20740/2013) [2016] ZAGPPHC 972 (29 November 2016)

The High Court dismissed an application for leave to appeal, finding no reasonable prospect of success and ordering costs on an attorney-and-client scale.

  • Leave To Appeal
  • Costs On Attorney And Client Scale
  • Counter Application
  • Grounds Of Appeal
  • Leave-to-appeal
  • Attorney-and-client-costs
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Criminal Law [2015] ZAGPPHC 501

Sibanyoni v S (A693/2014)

Sibanyoni v S (A693/2014) [2015] ZAGPPHC 501 (13 May 2015)

The High Court dismissed an appeal against a rape conviction and life sentence, finding the child complainant’s evidence, supported by medical evidence, sufficient.

  • Rape
  • Single Witness Evidence
  • Minimum Sentencing
  • Child Victim
  • Grounds Of Appeal
  • Criminal-appeal
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.