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South Africa Case Law

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Criminal Law [2024] ZAECMKHC 21

Cikolo v S (CA55/2023)

Cikolo v S (CA55/2023) [2024] ZAECMKHC 21 (14 February 2024)

The full court held it lacked jurisdiction to hear a further bail appeal from a single judge, because such appeals fall under the Superior Courts Act and require special leave from the SCA.

  • Bail Appeal
  • Jurisdiction Of Full Court
  • Superior Courts Act
  • Criminal Procedure Act
  • Leave To Appeal
  • Bail-appeals
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Criminal Law [2023] ZAGPJHC 1087

S v Bjanyane - Appeal (A51/2020)

S v Bjanyane - Appeal (A51/2020) [2023] ZAGPJHC 1087; 2024 (1) SACR 428 (GJ) (28 September 2023)

The court held that sections 315 and 316 of the Criminal Procedure Act only afford a right of appeal to accused persons and do not permit the State to appeal an acquittal to the Full Court. The only route for the State to appeal an acquittal from the High Court is under section 319 by reserving a question of law arising on the trial, which may be done after judgment. The court found that the State had followed the incorrect statutory procedure and, as a result, the Full Court lacked jurisdiction to hear the appeal. The point in limine raised by the respondent was upheld, and the appeal was st…

  • Criminal Procedure Act
  • Jurisdiction Of Full Court
  • Reservation Of Question Of Law
  • Appeal By State
  • Acquittal
  • Leave To Appeal
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Criminal Law [2018] ZAGPJHC 655

Sivhidzo v S (A304/2014)

Sivhidzo v S (A304/2014) [2018] ZAGPJHC 655 (4 December 2018)

The High Court held that it had jurisdiction to hear the criminal appeal and the condonation application, and condoned late service of heads of argument.

  • Condonation
  • Jurisdiction Of Full Court
  • Criminal Appeal Procedure
  • Late Filing Of Record
  • Criminal-appeal-procedure
  • Full-court-jurisdiction
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Civil Procedure [2016] ZAGPPHC 176

Heppell v Law Society for the Northern Provinces (A220/2014)

Heppell v Law Society for the Northern Provinces (A220/2014) [2016] ZAGPPHC 176 (26 February 2016)

The High Court held it lacked jurisdiction to hear an appeal from a full bench and removed the matter from the roll.

  • Jurisdiction Of Full Court
  • Application Of Supreme Court Act
  • Application Of Superior Courts Act
  • Pending Cases Definition
  • Jurisdiction
  • Full-court-appeals
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Civil Procedure [2014] ZAGPJHC 170

Otto Waste Systems (Pty) Limited v Pikitup Johannesburg (SOC) Limited and Others (2013/21677)

Otto Waste Systems (Pty) Limited v Pikitup Johannesburg (SOC) Limited and Others (2013/21677) [2014] ZAGPJHC 170 (10 June 2014)

The court granted leave to appeal on a just and equitable remedy issue and directed that the appeal be heard by the full court of the South Gauteng High Court.

  • Leave To Appeal
  • Just And Equitable Remedy
  • Superior Courts Act
  • Jurisdiction Of Full Court
  • Leave-to-appeal
  • Just-and-equitable-remedy
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Intellectual Property [2011] ZAGPPHC 38

New Balance Athletic Shoe Inc v Dajee N.O and Others (A362/08)

New Balance Athletic Shoe Inc v Dajee N.O and Others (A362/08) [2011] ZAGPPHC 38; 2011 BIP 139 (GNP) (30 March 2011)

The High Court held it had jurisdiction to hear leave to appeal and granted leave to the Supreme Court of Appeal in a trade marks dispute.

  • Trade Marks Act
  • Leave To Appeal
  • Jurisdiction Of Full Court
  • Leave-to-appeal
  • Appellate-jurisdiction
  • Trade-marks
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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.