South Africa Case Law

Resilient Rock (Pty) Ltd v Voltex (Pty) Ltd t/a Atlas Group (1132/2023)

Resilient Rock (Pty) Ltd v Voltex (Pty) Ltd t/a Atlas Group (1132/2023) [2025] ZASCA 33 (31 March 2025)

Court

Supreme Court of Appeal

Case number

1132/2023

Judges

Mbatha, Kathree-Setiloane, Baartman, Vally, Molitsoane

Section 347(5) of the Companies Act 61 of 1973 imposes a peremptory prohibition on any court, including appellate courts, from granting a final winding-up order in respect of a company that is already being wound up by order of court. The full court erred in disregarding the plain meaning of section 347(5) and in concluding that its appellate jurisdiction entitled it to issue a second winding-up order with retrospective effect. The legislative intent is clear: only one winding-up order may be operative at any time, and subsequent courts must give effect to the existence of a prior order. The…

Source excerpt

• Winding Up Orders
• Companies Act Section 347 5
• Jurisdiction Of Appellate Courts
• Concursus Creditorum
• Interpretation Of Statutes

Hashtag Movement v Ethiopian Church of South Africa and Others (1046/2023)

Hashtag Movement v Ethiopian Church of South Africa and Others (1046/2023) [2023] ZASCA 173 (8 December 2023)

Court

Supreme Court of Appeal

Case number

1046/2023

Judges

Petse, Matojane, Goosen, Binns-Ward, Masipa

The Supreme Court of Appeal held it lacked jurisdiction over an automatic appeal under s 18(4) because the order was made by a single judge of the High Court.

• Superior Courts Act Section 18
• Jurisdiction Of Appellate Courts
• Automatic Right Of Appeal
• Superior-courts-act
• Appellate-jurisdiction
• Automatic-appeals

Premier Province of Mpumalanga and Another v Hoofbestuur van die Vereninging van Bestuursliggame van Staats-Ondersteunde Skole Oos-Transvaal (101/96)

Premier Province of Mpumalanga and Another v Hoofbestuur van die Vereninging van Bestuursliggame van Staats-Ondersteunde Skole Oos-Transvaal (101/96) [1998] ZASCA 23; 1998 (8) BCLR 968 (SCA) (26 March 1998)

Court

Supreme Court of Appeal

Case number

101/96

Judges

Van Heerden, Harms, Scott, Melunsky, Farlam

The Supreme Court of Appeal determined that there was uncertainty regarding its jurisdiction to adjudicate constitutional issues arising under the Interim Constitution, particularly where the relief sought was based solely on constitutional rights and locus standi was derived from constitutional provisions. The Court acknowledged the risk of conflicting decisions between itself and the Constitutional Court and found it prudent to grant a postponement to allow the appellants to approach the Constitutional Court for clarification. The appeal was postponed sine die, with costs reserved, and the…

Source excerpt

• Locus Standi Under Interim Constitution
• Procedural Fairness
• Jurisdiction Of Appellate Courts
• Fundamental Rights
• Best Interests Of Child

S v Absalom (532/87)

S v Absalom (532/87) [1989] ZASCA 46; [1989] 4 All SA 690 (AD) (31 March 1989)

Court

Supreme Court of Appeal

Case number

532/87

Judges

CORBETT, HR, HOEXTER, BOTHA, E M GROSSKOPF, NICHOLAS

The Supreme Court of Appeal held that the Full Bench of the High Court of South West Africa lacked jurisdiction to hear the appeal against the refusal of condonation for late noting of appeal. The respondent's 1976 letter did not constitute an application for condonation, nor was it treated as such by the High Court. The right to appeal against refusal of condonation is conferred by section 21(1) of the Supreme Court Act, and no leave to appeal is required in such cases. The inherent powers of the court do not extend to conferring substantive jurisdiction where none exists by statute. The Ful…

Source excerpt

• Condonation For Late Appeal
• Jurisdiction Of Appellate Courts
• Inherent Powers Of Court
• Leave To Appeal