South Africa Case Law

Breda N.O and Others v Naude (A85/2023)

Breda N.O and Others v Naude (A85/2023) [2025] ZAGPPHC 157 (14 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

A85/2023

Judges

Khashane Manamela, D Mahosi, SK Hassim

The Full Court held that the respondent's application to strike the appeal from the roll failed on all grounds. The notice of appeal, though not particularised, was cured by comprehensive heads of argument and practice notes, in line with current jurisprudence. The late filing of the power of attorney was a bona fide oversight, promptly remedied, and condonation was granted as no prejudice was shown. The bond of security, though contested, constituted security, and any dispute regarding its sufficiency should have been referred to the registrar, not used as a ground to strike the appeal. The…

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• Notice Of Appeal Requirements
• Power Of Attorney
• Security For Costs
• Condonation
• Uniform Rules Of Court

Cele v S (CA&R 13/2024)

Cele v S (CA&R 13/2024) [2025] ZAECMHC 2 (21 January 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R 13/2024

Judge

Zono

The High Court dismissed a bail appeal in a Schedule 6 murder and firearm case, finding the notice of appeal defective and no exceptional circumstances shown.

• Bail Application
• Exceptional Circumstances
• Criminal Procedure Act Section 60
• Onus Of Proof
• Notice Of Appeal Requirements
• Bail-appeal

Maleshane v S (Appeal) (CA25/2024)

Maleshane v S (Appeal) (CA25/2024) [2024] ZANWHC 296 (6 December 2024)

Court

North West High Court, Mafikeng

Case number

CA25/2024

Judges

R D Hendricks, M Wessels

The High Court struck a criminal appeal from the roll because the notice of appeal did not set out clear, specific grounds of appeal as required by rule and statute.

• Notice Of Appeal Requirements
• Grounds Of Appeal
• Criminal Procedure Act
• Appeal Struck From Roll
• Criminal-appeal
• Notice-of-appeal

Dorking Africa (Pty) Ltd v Commissioner for the South African Revenue Service (A141/2022)

Dorking Africa (Pty) Ltd v Commissioner for the South African Revenue Service (A141/2022) [2024] ZAGPPHC 30 (25 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

A141/2022

Judges

Neukircher, Holland-Muter, Mooki

The High Court dismissed Dorking Africa’s appeal, holding that its notice of appeal was defective because it did not set out grounds of appeal.

• Tax Administration Act
• Notice Of Appeal Requirements
• Default Judgment
• Burden Of Proof
• Tax Dispute Resolution
• Tax-law

Mdlangu and Others v Mayime Primary Agricultural Co-Operative (CA 48/2020)

Mdlangu and Others v Mayime Primary Agricultural Co-Operative (CA 48/2020) [2021] ZAECGHC 71 (3 August 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 48/2020

Judges

N Gqamana, S M Mbenenge

The High Court dismissed an appeal against a magistrate’s costs order, holding there was no basis to interfere with the exercise of discretion.

• Costs Order
• Judicial Discretion
• Notice Of Appeal Requirements
• Costs-order
• Judicial-discretion
• Notice-of-appeal

Limpopo Province Voluntary Group Scheme Board and Others v Mahubane and Others (HCAA14/2019)

Limpopo Province Voluntary Group Scheme Board and Others v Mahubane and Others (HCAA14/2019) [2021] ZALMPPHC 2 (28 January 2021)

Court

Limpopo High Court, Polokwane

Case number

HCAA14/2019

Judges

KGANYAGO, PHATUDI, NAUDE

The High Court granted condonation and upheld an appeal over nullified elections, finding the notice of appeal valid, the affidavit defect non-fatal, and the review moot.

• Condonation
• Review Of Domestic Tribunal
• Notice Of Appeal Requirements
• Natural Justice
• Company Constitution
• Mootness

Jobe v Tyesi and Others (1075/2013)

Jobe v Tyesi and Others (1075/2013) [2015] ZAECMHC 64 (3 September 2015)

Court

Eastern Cape High Court, Mthatha

Case number

1075/2013

Judges

P.L.C Maseti, L.P. Pakade

The court dismissed an application for leave to appeal, holding the grounds were too vague, did not comply with Rule 49 and section 16, and showed no reasonable prospects.

• Leave To Appeal
• Customary Marriage
• Community Of Property
• Notice Of Appeal Requirements
• Leave-to-appeal
• Notice-of-appeal

Body Corporate of the Bel Aire Scheme No.SS 1821/2006 v Sure Guard CC (A741/2013)

Body Corporate of the Bel Aire Scheme No.SS 1821/2006 v Sure Guard CC (A741/2013) [2015] ZAGPPHC 359 (1 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

A741/2013

Judges

C Pretorius, NM Mavundla, TM Makgoka

The court dismissed a point in limine challenging the validity of a notice of appeal under Uniform Rule 49(4) and postponed the merits sine die.

• Uniform Rules Of Court
• Notice Of Appeal Requirements
• Point In Limine
• Superior Courts Act
• Costs Order
• Uniform-rule-49-4

Body Corporate of the Bel Aire Scheme No. SS 1821/2006 v Sure Guard CC (A741/2013)

Body Corporate of the Bel Aire Scheme No. SS 1821/2006 v Sure Guard CC (A741/2013) [2015] ZAGPPHC 516 (1 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

A741/2013

Judges

C Pretorius, NM Mavundla, TM Makgoka

The court held that the requirements of Uniform Rule 49(4) are satisfied if the notice of appeal states the part of the judgment or order appealed against and the particular respect in which variation is sought. The appellant's notice of appeal indicated that the appeal was against the whole judgment and order and specified the order sought to replace the original. The court found that the more stringent requirements of the previous Rule 49(3) and related case law no longer apply. The grounds of appeal may be amplified in written and oral argument, and it is not necessary for the notice to sp…

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• Uniform Rules Of Court
• Notice Of Appeal Requirements
• Point In Limine
• Costs Order

Body Corporate of the Bel Aire Scheme N.O. SS 1821/2006 v Sure Guard CC (A741/2013)

Body Corporate of the Bel Aire Scheme N.O. SS 1821/2006 v Sure Guard CC (A741/2013) [2015] ZAGPPHC 370 (1 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

A741/2013

Judges

C Pretorius, NM Mavundla, TM Makgoka

The court found that the appellant's notice of appeal complied with the requirements of Uniform Rule 49(4) by stating that the appeal was against the whole judgment and order and specifying the order sought. The court held that it is no longer necessary for an appellant to state the grounds of appeal in the notice, as these are supplemented by written and oral arguments. The authorities cited by the respondent, which interpreted previous versions of the rule or Magistrates’ Court rules, were found to be inapplicable. The court concluded that the notice of appeal was valid and not void ab init…

Source excerpt

• Notice Of Appeal Requirements
• Uniform Rules Of Court
• Point In Limine
• Costs Order