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South Africa decisions
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Nedbank Limited v Abrahams (2023-003529) [2024] ZAGPJHC 285 (18 March 2024)
The High Court granted leave to appeal on whether section 127(8)(a) of the National Credit Act ousts High Court jurisdiction and whether Mateman is binding.
MEC for Economic Development, Environment and Tourism: Limpopo v Leboho (87/2021) [2022] ZASCA 131; (2022) 43 ILJ 2695 (SCA); [2023] 1 BLLR 56 (SCA) (6 October 2022)
The Supreme Court of Appeal held that the dispute was about enforcement of the collective agreement, not its interpretation or application. The respondent's leave credits had been properly audited under the previous dispensation, and clause 7.3(a) of Resolution 7 of 2000 entitled him to retain and be paid for those credits upon retirement. The appellant's argument that a fresh audit was required was rejected, as the Resolution only required a subsequent audit where credits had not previously been audited. The regional court had jurisdiction to hear the matter, and the respondent was entitled…
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Seloana and Others v Director of Public Prosecutions and Others (4019/2020) [2021] ZAFSHC 280 (11 October 2021)
The court dismissed an unopposed application for leave to appeal, finding no reasonable prospect of success against its earlier review judgment.
Ingosstrakh v Global Aviation Investments (Pty) Ltd and Others (934/2019) [2021] ZASCA 69; [2021] 3 All SA 316 (SCA); 2021 (6) SA 352 (SCA) (4 June 2021)
The SCA held that Ingosstrakh remained under bar, showed no good cause to uplift it, and failed to show a bona fide defence. Default judgment was granted.
Menyatso v Skosana and Others (5498/2019) [2020] ZAFSHC 254 (19 November 2020)
The court found that the High Court retains jurisdiction to hear the application, as the Alienation of Land Act does not confer exclusive jurisdiction on the magistrates' court. The prescription argument was dismissed because the applicant was not seeking rectification of the contract, but rather enforcement of transfer. The contract was held to be valid, as the parties were divorced at the time of its conclusion, rendering section 15(2) of the Matrimonial Property Act inapplicable. However, the court upheld the point in limine regarding non-joinder, finding that the executor of the deceased…
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M T v S; A S B v S; September v S (CCT122/17; CCT220/17; CCT298/17) [2018] ZACC 27; 2018 (2) SACR 592 (CC); 2018 (11) BCLR 1397 (CC) (3 September 2018)
The Constitutional Court refused leave to appeal in three minimum-sentences cases, holding that omission from a charge sheet does not automatically make a trial unfair.
Komane v S (07/2017) [2017] ZANWHC 122 (14 December 2017)
The High Court erred in convicting the appellant on counts 6 and 7, as the Regional Court had not pronounced a verdict on those counts, and thus lacked jurisdiction. The convictions and sentences on counts 6 and 7 were set aside and remitted to the Regional Court for proper adjudication. Regarding count 5, the appellant was charged under section 51(2) of the Criminal Law Amendment Act, which prescribes a minimum sentence of ten years for a first offender. The evidence and charge sheet did not support sentencing under section 51(1), and the imposition of life imprisonment was a misdirection. T…
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Abdi and Another v Minister of Home Affairs and Others (734/2010) [2011] ZASCA 2; 2011 (3) SA 37 (SCA); [2011] 3 All SA 117 (SCA) (15 February 2011)
The Supreme Court of Appeal held that the appellants, as a recognised refugee and an asylum seeker, were entitled to re-admission and protection in South Africa under the Refugees Act and the Constitution. The court rejected the respondents' argument that detention in the Inadmissible Facility placed the appellants outside South African jurisdiction, affirming that constitutional rights apply to all persons physically present in the country. The respondents' refusal to admit the appellants and issue appropriate permits was unlawful, as it contravened both domestic and international legal obli…
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Absa Bank Limited v Pretorius (38002/07) [2007] ZAGPHC 299 (9 November 2007)
The High Court held that a credit agreement claim should have been brought in the Magistrate’s Court and transferred the matter, refusing High Court default judgment.
S v De Klerk and Others (CA&R 03/01) [2006] ZANCHC 5 (1 February 2006)
The court held that only those accused who physically committed the act of rape fall under the minimum sentence provisions for life imprisonment as set out in the Criminal Law Amendment Act. Accomplices who did not perform the actus reus cannot be committed to the High Court for sentencing under section 52(1) for such offences. The sentences imposed on the second and third appellants were set aside and their cases referred back to the Regional Court for appropriate sentencing. As for the first appellant, the court found substantial and compelling circumstances, including youth, lack of prior…
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