South Africa Case Law

ASPASA NPC and Others v Commissioner for the South African Revenue Service (2023/099811)

ASPASA NPC and Others v Commissioner for the South African Revenue Service (2023/099811) [2024] ZAGPPHC 1286 (6 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/099811

Judge

Labuschagne

The High Court found that exceptional circumstances existed for it to assume jurisdiction under section 105 of the Tax Administration Act, given the purely legal nature of the dispute and the need for industry-wide certainty. The court interpreted 'bulk' in Schedule 2 of the Mineral and Petroleum Resources Royalty Act as referring to aggregates in the condition of shot rock at the muck pile prior to beneficiation. This interpretation aligns with the Act's purpose to set a base condition for royalty calculation and to promote beneficiation, avoiding penalisation of value addition. The applican…

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• Mineral And Petroleum Resources Royalty Act
• Declaratory Relief
• Jurisdiction Of High Court
• Interpretation Of Statute
• Strike Out Application

Siyakhula Sonke Empowerment Corpoation (Pty) Ltd and Others v Redpath Mining South Africa (Pty) Ltd and Others (Application for Leave to Appeal) (57639/2021)

Siyakhula Sonke Empowerment Corpoation (Pty) Ltd and Others v Redpath Mining South Africa (Pty) Ltd and Others (Application for Leave to Appeal) (57639/2021) [2024] ZAGPJHC 933 (19 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

57639/2021

Judge

ML Senyatsi

Upon consideration of the grounds of appeal and the arguments presented by both parties, the court finds that the requirements of section 17(1)(a) of the Superior Courts Act have been met. There is a reasonable prospect that another court may differ on the interpretation of section 41(3) of the Companies Act, 2008. The matter involves an important question of law that has not yet been addressed by the Supreme Court of Appeal. Accordingly, leave to appeal is granted, restricted to the interpretation of section 41(3) of the Companies Act, 2008.

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• Companies Act Section 41 3
• Rights Offer
• Share Issuance
• Interpretation Of Statute

Prinsloo v Majiedt N.O and Another (641/2021)

Prinsloo v Majiedt N.O and Another (641/2021) [2024] ZAFSHC 49 (20 February 2024)

Court

Free State High Court, Bloemfontein

Case number

641/2021

Judge

Van Zyl

The court found that its interpretation of section 63 of the Long-Term Insurance Act was not fully aligned with either party's contentions. The word 'person' in section 63 refers to the policyholder, and the section only applies where the policyholder or their spouse is both the life insured and the beneficiary. Where a third party is appointed as beneficiary and accepts the appointment upon the death of the policyholder, section 63 does not apply. The court acknowledged that its conclusion was not entirely in accordance with the parties' arguments and that the matter involves an important qu…

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• Leave To Appeal
• Long Term Insurance Act
• Interpretation Of Statute
• Separation Of Issues
• Policy Beneficiary Rights

South African Legal Practice Council v Mokhele (1138/2022)

South African Legal Practice Council v Mokhele (1138/2022) [2023] ZASCA 177 (14 December 2023)

Court

Supreme Court of Appeal

Case number

1138/2022

Judges

Nicholls, Mabindla-Boqwana, Goosen, Masipa, Tokota

The appeal was struck from the roll as moot. The court declined to determine section 43 of the Legal Practice Act through undeclared declaratory relief.

• Legal Practitioners Suspension
• Mootness
• Declaratory Relief
• Interpretation Of Statute
• Declaratory-relief
• Legal-practitioners-suspension

Ditshele v S (SS107/2018)

Ditshele v S (SS107/2018) [2023] ZAGPJHC 1482 (14 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

SS107/2018

Judge

Molahlehi

The application for condonation was refused due to an excessive delay of nearly three years and an inadequate explanation lacking supporting affidavits. The applicant failed to demonstrate reasonable prospects of success, as his grounds for appeal merely repeated issues raised at trial and did not meet the statutory requirements for specificity. The court found that the sentence of life imprisonment was appropriate, primarily because the applicant raped the victim multiple times, which triggered the mandatory minimum sentence under the Criminal Law Amendment Act. The applicant's argument rega…

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• Leave To Appeal
• Condonation
• Minimum Sentencing
• Rape
• Interpretation Of Statute

National Director of Public Prosecutions v Tshamase and Others (1903/2022)

National Director of Public Prosecutions v Tshamase and Others (1903/2022) [2023] ZAECQBHC 45 (8 August 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

1903/2022

Judge

Dreyer AJ

The NDPP failed to establish on a balance of probabilities that any of the respondent entities acquired affected gifts from the defendants or hold realisable property as defined by POCA. The fourteenth respondent, although connected to the respondent entities, is not a defendant and has not been charged. There is no evidence that the respondent entities received property from any defendant, nor is there any intention to prosecute the fourteenth respondent. The definition of 'defendant' in POCA cannot be extended to include persons not charged. Consequently, the requisite causal connection req…

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• Prevention Of Organised Crime Act
• Restraint Order
• Realisable Property
• Affected Gift
• Burden Of Proof
• Interpretation Of Statute

eMedia Investments Proprietary Limited v Multichoice Proprietary Limited and Others (248/CAC/Jul23 CT; IR194Mar22)

eMedia Investments Proprietary Limited v Multichoice Proprietary Limited and Others (248/CAC/Jul23 CT; IR194Mar22) [2023] ZACAC 3 (28 July 2023)

Court

Competition Appeal Court

Case number

248/CAC/Jul23 CT

Judges

N. Manoim, D. Davis, V. Nkosi

The Competition Appeal Court held that section 49C(5) of the Competition Act does not limit the Tribunal to a single extension of interim relief.

• Interim Relief
• Extension Of Tribunal Orders
• Interpretation Of Statute
• Status Quo Orders
• Competition-law
• Interim-relief

Justice for All Workers of South Africa v Molefe NO and Another (J709/23)

Justice for All Workers of South Africa v Molefe NO and Another (J709/23) [2023] ZALCJHB 166; (2023) 44 ILJ 1726 (LC) (30 May 2023)

Court

Labour Court Johannesburg

Case number

J709/23

Judge

G N Moshoana

The Labour Court dismissed JAWSA’s urgent mandamus application, holding that section 96 of the LRA does not require the Registrar to decide registration within 30 days.

• Mandamus
• Trade Union Registration
• Interpretation Of Statute
• Administrative Action
• Costs Award
• Trade-union-registration

J.M v Z.M (R10/2022)

J.M v Z.M (R10/2022) [2022] ZAMPMHC 29 (11 November 2022)

Court

Middelburg High Court, Mpumalanga

Case number

R10/2022

Judge

Langa

High Court review set aside a magistrate’s dismissal of a protection-order application, holding the Domestic Violence Act is not limited to wives.

• Domestic Violence Act
• Protection Order
• Gross Irregularity
• Natural Justice
• Interpretation Of Statute
• Domestic-violence-act

APP and Another v NPK (17962/2020)

APP and Another v NPK (17962/2020) [2021] ZAWCHC 69 (11 March 2021)

Court

Western Cape High Court, Cape Town

Case number

17962/2020

Judge

Bozalek

The court held that section 295(a) of the Children’s Act should not be interpreted narrowly to require absolute physical incapacity to give birth. Instead, it encompasses situations where a pregnancy would pose significant medical risk to the health or life of the mother. The first applicant’s medical and psychological conditions, supported by expert evidence, are permanent and irreversible and render any further pregnancy life-threatening. The applicants satisfied all statutory requirements for confirmation of the surrogate motherhood agreement, including domicile, use of gametes, suitabilit…

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• Surrogate Motherhood Agreement
• Children S Act
• Interpretation Of Statute
• Medical Risk In Pregnancy