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South Africa decisions
Decisions matching the current search
Gonya v S (891/15) [2016] ZASCA 34 (24 March 2016)
The Supreme Court of Appeal held it lacked jurisdiction to hear the appeal directly from the regional court and limited leave to the non-parole period issue.
National Union of Mineworkers and Others v Mazista Tiles (Pty) Ltd (507/2004) [2005] ZASCA 105; [2006] 3 All SA 337 (SCA); 2006 (4) SA 268 (SCA); (2006) 27 ILJ 471 (SCA) (23 November 2005)
The Supreme Court of Appeal held that the requirement for leave to appeal, as established in Fry's Metals, applies to all appeals from the Labour Appeal Court, including those noted before the procedural rule was introduced. The union did not have a vested right to appeal without leave, and the procedural requirement was not retroactively truncated. The court condoned the union's failure to seek leave due to the timing and permitted an oral application. On the merits, the court found that the issues raised were essentially fact-bound and did not involve significant points of law or principle…
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Middelberg v Prokureursorde van Transvaal (565/98) [2001] ZASCA 2; [2001] 3 All SA 166 (A); 2001 (2) SA 865 (SCA) (22 February 2001)
The Supreme Court of Appeal held that an application for the removal of an attorney from the roll, although disciplinary and sui generis, constitutes a civil proceeding within the meaning of section 20(1) and (4) of the Supreme Court Act. The statutory framework requires that leave to appeal be obtained either from the lower court or, if refused, from the Supreme Court of Appeal. Since the appellant did not seek leave to appeal from the lower court, and such leave was not refused, the Supreme Court of Appeal lacked jurisdiction to entertain the appeal. The court emphasized that this requireme…
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Munisipaliteit van Windhoek v Ministersraad van Swa/Namibia en 'n Ander (93/83/AV) [1984] ZASCA 110 (25 September 1984)
The court struck the appeal from the roll for lack of leave to appeal, holding that the Supreme Court Act governed appeals from the South West Africa High Court.
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