South Africa Case Law

P A F v S C F (788/2020)

P A F v S C F (788/2020) [2022] ZASCA 101; 2022 (6) SA 162 (SCA) (22 June 2022)

Court

Supreme Court of Appeal

Case number

788/2020

Judges

Dambuza, Molemela, Makgoka, Makaula, Weiner

The Supreme Court of Appeal refused the application for special leave to appeal. The court found no exceptional circumstances justifying the admission of further evidence on appeal, as the legal opinion sought to be introduced was not conclusive or decisive. The applicant failed to provide a satisfactory explanation for the delay in prosecuting the appeal, and the full court exercised its discretion judicially in refusing condonation. On the merits, the court held that where a spouse abuses the trust form to reduce the other spouse's accrual claim, the court is empowered under common law to p…

Source excerpt

• Accrual System
• Trust Form Abuse
• Piercing Trust Veneer
• Condonation
• Leave To Lead Further Evidence

L v S (1049/2013)

L v S (1049/2013) [2014] ZASCA 164 (1 October 2014)

Court

Supreme Court of Appeal

Case number

1049/2013

Judges

Mpati, Bosielo, Willis

The Supreme Court of Appeal set aside a rape conviction and sentence after new evidence suggested the complainant had falsely implicated the appellant.

• Rape
• Leave To Lead Further Evidence
• Setting Aside Conviction
• Perjury
• Admissibility Of New Evidence
• Criminal-appeals

Makumbane and Others v S (46/2013)

Makumbane and Others v S (46/2013) [2014] ZASCA 116 (18 September 2014)

Court

Supreme Court of Appeal

Case number

46/2013

Judges

Navsa, Wallis, Willis

The Supreme Court of Appeal dismissed challenges to conviction but reduced murder sentences from life imprisonment to 20 years, confirming the other sentences.

• Criminal Procedure Act
• Special Entry
• Leave To Lead Further Evidence
• Fair Trial Rights
• Minimum Sentencing
• Common Purpose

S v Plaatjie (CA 155/03)

S v Plaatjie (CA 155/03) [2006] ZANWHC 7 (3 January 2006)

Court

North West High Court, Mafikeng

Case number

CA 155/03

Judges

A A Landman, R D Hendricks

The High Court granted condonation for late heads of argument and allowed further evidence on appeal, or remittal to the trial court, in a sentence appeal.

• Condonation
• Leave To Lead Further Evidence
• Appeal Against Sentence
• Exceptional Circumstances
• Criminal-appeal
• Further-evidence

Simpson v Selfmed Medical Scheme and Another (91/93)

Simpson v Selfmed Medical Scheme and Another (91/93) [1994] ZASCA 191; [1995] 2 All SA 124 (A) (30 November 1994)

Court

Supreme Court of Appeal

Case number

91/93

Judges

Hoexter, Hefer, Kumleben, F H Grosskopf, Van den Heever

The appeal concerned admission to a medical scheme and an attempt to lead further evidence on appeal. The court refused the evidence and dismissed the appeal.

• Medical Schemes Act
• Admission To Membership
• Leave To Lead Further Evidence
• Interpretation Of Statutory Requirements
• Medical-schemes-act
• Admission-to-membership