South Africa Case Law

Roadmac Surfacing (Pty) Ltd v MEC for the Department of Police, Roads and Transport, Free State Province and Another (461/2023)

Roadmac Surfacing (Pty) Ltd v MEC for the Department of Police, Roads and Transport, Free State Province and Another (461/2023) [2024] ZASCA 157 (14 November 2024)

Court

Supreme Court of Appeal

Case number

461/2023

Judges

Hughes, Mabindla-Boqwana, Molefe, Keightley, Mjali

The Supreme Court of Appeal held that the appeal on the merits was moot, as the works had been completed and no practical effect would result from further relief regarding the tender award. However, the High Court's failure to determine the reserved costs from the interim interdict proceedings constituted an exceptional circumstance under s 16(2) of the Superior Courts Act. The appellate court found that justice required resolution of the outstanding costs issue, as the matter had not reached finality. The first respondent was liable for the wasted costs occasioned by the postponement of the…

Source excerpt

• Practical Effect Of Appeal
• Reserved Costs
• Exceptional Circumstances
• Tender Review
• Interim Interdict

Shivanand v Krugkor Franchise (PTY) Ltd and Others (13634/2019)

Shivanand v Krugkor Franchise (PTY) Ltd and Others (13634/2019) [2022] ZAGPJHC 893 (27 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

13634/2019

Judge

S Yacoob

The High Court dismissed an application for leave to appeal against a liquidation order, holding the appeal would have no practical effect and no exceptional circumstances were shown.

• Leave To Appeal
• Company Liquidation
• Standing To Sue
• Practical Effect Of Appeal
• Superior Courts Act
• Leave-to-appeal

Selota v SALPC (658/2020)

Selota v SALPC (658/2020) [2021] ZASCA 169 (3 December 2021)

Court

Supreme Court of Appeal

Case number

658/2020

Judges

Saldulker, Mathopo, Van der Merwe, Mokgohloa, Weiner

The Supreme Court of Appeal struck the matter off the roll, holding that the declarator sought about a Fidelity Fund certificate would have no practical effect.

• Fidelity Fund Certificate
• Legal Practitioners Regulation
• Practical Effect Of Appeal
• Superior Courts Act Section 16
• Fidelity-fund-certificate
• Practical-effect-of-appeal

Mgwenya NO and Others v Kruger and Another (1060/16)

Mgwenya NO and Others v Kruger and Another (1060/16) [2017] ZASCA 102 (6 September 2017)

Court

Supreme Court of Appeal

Case number

1060/16

Judges

Shongwe, Bosielo, Majiedt, Mokgohloa, Fourie

The court held that, due to the death of the first respondent, there were no live issues remaining between the parties and any decision on appeal would have no practical effect or result. The appellants' argument that the costs orders constituted exceptional circumstances was rejected, as costs alone do not meet the threshold required by section 16(2)(a)(ii) of the Superior Courts Act. The circumstances of the case were not comparable to those in Oudebaaskraal, where exceptional circumstances were found. The appeal was therefore dismissed on the ground that it was moot and did not warrant con…

Source excerpt

• Practical Effect Of Appeal
• Exceptional Circumstances
• Costs On Appeal
• Superior Courts Act
• Mootness

Vermaak and Others v Minister of Water and Environmental Affairs of the Republic of South Africa and Others (224/2013)

Vermaak and Others v Minister of Water and Environmental Affairs of the Republic of South Africa and Others (224/2013) [2013] ZAECPEHC 45 (17 September 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

224/2013

Judge

Goosen

The High Court refused leave to appeal against a costs order and the refusal of an interim interdict, finding no reasonable prospects of success or practical effect.

• Leave To Appeal
• Costs Orders
• Interim Interdict
• Land Use Planning Ordinance
• Judicial Discretion
• Practical Effect Of Appeal

South African Police Service Medical Scheme ( (2011 (4) SA 456 (SCA))

South African Police Service Medical Scheme ( (2011 (4) SA 456 (SCA)) [2011] ZASCA 91; 542/10 (31 May 2011)

Court

Supreme Court of Appeal

Case number

542/10

Judges

Cloete, Ponnan, Cachalia, Malan, Meer

The Supreme Court of Appeal dismissed a medical scheme appeal as moot after rule amendments made the payment dispute academic.

• Medical Schemes Act
• Interpretation Of Scheme Rules
• Practical Effect Of Appeal
• Costs Award
• Leave To Appeal
• Section 21a Supreme Court Act

Minister for Justice and Constitutional Development v Kgoele (A757/2008)

Minister for Justice and Constitutional Development v Kgoele (A757/2008) [2011] ZAGPPHC 157 (27 May 2011)

Court

North Gauteng High Court, Pretoria

Case number

A757/2008

Judges

B.R. Du Plessis, W.R.C. Prinsloo, N.M Mngqibisa-Thusi

The High Court dismissed the Minister’s appeal as moot after the respondent became a High Court judge and no longer sought the magistrate post.

• Promotion Of Administrative Justice Act
• Judicial Review
• Substitution Of Administrative Decision
• Presumption Of Bad Reason
• Practical Effect Of Appeal
• Judicial-review

Coin Security Group (Pty) Ltd v SA National Union for Security Officers and Others (223/98)

Coin Security Group (Pty) Ltd v SA National Union for Security Officers and Others (223/98) [2000] ZASCA 48; 2001 (2) SA 872 (SCA) (29 September 2000)

Court

Supreme Court of Appeal

Case number

223/98

Judges

F H Grosskopf, Olivier, Scott, Plewman, Farlam

The Supreme Court of Appeal dismissed an appeal as moot under section 21A because the labour dispute had already been resolved and no practical order remained.

• Jurisdiction Of High Court
• Exclusive Jurisdiction Of Labour Court
• Practical Effect Of Appeal
• Strike Action
• Interdicts In Labour Disputes
• Mootness