South Africa Case Law

PIC SOC Ltd and Another v Trencon Construction (Pty) Ltd and Another (365/2022)

PIC SOC Ltd and Another v Trencon Construction (Pty) Ltd and Another (365/2022) [2023] ZASCA 88; 2024 (1) SA 66 (SCA) (8 June 2023)

Court

Supreme Court of Appeal

Case number

365/2022

Judges

Ponnan, Nicholls, Gorven, Mabindla-Boqwana, Unterhalter

The Supreme Court of Appeal struck the appeal from the roll after finding no live dispute remained and that the High Court’s amended order was a nullity.

• Functus Officio
• Review Of Administrative Action
• Declaratory Relief
• Jurisdiction Of Appellate Court
• Functus-officio
• Appellate-jurisdiction

Potgieter v S (20109/2014)

Potgieter v S (20109/2014) [2015] ZASCA 15 (17 March 2015)

Court

Supreme Court of Appeal

Case number

20109/2014

Judges

Lewis, Ponnan, Bosielo, Willis, Van der Merwe

The Supreme Court of Appeal struck the appeal from the roll because the Free State full court had no power to grant leave to appeal to it.

• Jurisdiction Of Appellate Court
• Special Leave To Appeal
• Rape Definition
• Credibility Assessment
• Appellate-jurisdiction
• Special-leave-to-appeal

Director of Public Prosecutions v Olivier (42/2005)

Director of Public Prosecutions v Olivier (42/2005) [2005] ZASCA 121; [2006] 4 All SA 224 (SCA); 2006 (1) SACR 380 (SCA) (30 November 2005)

Court

Supreme Court of Appeal

Case number

42/2005

Judges

Navsa, Conradie, Mlambo

The Supreme Court of Appeal held it lacked jurisdiction to hear the DPP’s appeal against a High Court sentence substitution, and struck the appeal from the roll.

• State Right Of Appeal
• Sentence Appeal
• Jurisdiction Of Appellate Court
• Condonation Application
• State-right-of-appeal
• Sentence-appeal

National Unioin of Metalworkers of South Africa v Jumbo Products CC (474/94)

National Unioin of Metalworkers of South Africa v Jumbo Products CC (474/94) [1996] ZASCA 87; 1996 (4) SA 735 (SCA); [1996] 4 All SA 177 (A); (5 September 1996)

Court

Supreme Court of Appeal

Case number

474/94

Judges

Corbett, Vivier, Kumleben, Nienaber, Schutz

The Supreme Court of Appeal held that it lacked jurisdiction to entertain NUMSA's application for leave to appeal against both the refusal of condonation and the judgment on the merits, as the trial court had not refused leave to appeal in either instance. Section 20(4)(b) of the Supreme Court Act 59 of 1959 prescribes that leave to appeal must first be sought from the trial court, and only if refused may the appellate court consider such an application. The judgment of Plewman J dealt solely with the application for condonation and did not constitute a refusal of leave to appeal. The court r…

Source excerpt

• Leave To Appeal
• Condonation
• Jurisdiction Of Appellate Court
• Procedural Irregularity