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South Africa Case Law

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Civil Procedure [2011] ZASCA 164

Clear Enterprises (Pty) Ltd v Commissioner for South African Revenue Services and Others (757/10)

Clear Enterprises (Pty) Ltd v Commissioner for South African Revenue Services and Others (757/10) [2011] ZASCA 164; 83 SATC 136 (29 September 2011)

The court struck the appeal from the roll because the relief sought had become academic after ITAC seized the vehicles, leaving no practical effect.

  • Practical Effect Of Judgment
  • Customs And Excise Act
  • Declaratory Relief
  • Mootness
  • Import Permits
  • Declaratory-relief
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Civil Procedure [2009] ZAFSHC 51

Bloomberg Orthopaedics & Neurosciences v Vermaal and Another (A457/2007)

Bloomberg Orthopaedics & Neurosciences v Vermaal and Another (A457/2007) [2009] ZAFSHC 51 (23 April 2009)

Appeal against enforcement of a restraint of trade was dismissed because the restraint period had expired and the dispute was no longer live.

  • Restraint Of Trade
  • Interim Interdict
  • Practical Effect Of Judgment
  • Costs Award
  • Restraint-of-trade
  • Interim-interdict
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Labour Law [2006] ZAECHC 43

Police and Prisons Civil Rights Union and others v Minister of Correctional Services and others (603/2005 , 42/2006)

Police and Prisons Civil Rights Union and others v Minister of Correctional Services and others (603/2005 , 42/2006) [2006] ZAECHC 43; 2008 (3) SA 129 (E); [2006] 12 BLLR 1212 (E); (2007) 28 ILJ 362 (E) (7 September 2006)

The court refused leave to appeal because the dispute had been comprehensively settled and any appeal would have no practical effect.

  • Settlement Agreement
  • Leave To Appeal
  • Practical Effect Of Judgment
  • Public Interest Exception
  • Leave-to-appeal
  • Practical-effect
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Civil Procedure [2006] SCA 63 (RSA)

Department of Public Works v MS Moos Construction CC (401/05)

Department of Public Works v MS Moos Construction CC (401/05) [2006] ZASCA 62; [2006] SCA 63 (RSA) ; [2006] 4 All SA 535 (SCA) (25 May 2006)

The Supreme Court of Appeal dismissed an appeal as moot under section 21A, holding that the order sought would have no practical effect or result.

  • Locus Standi
  • Practical Effect Of Judgment
  • State Liability Act
  • Supreme Court Act Section 21a
  • Civil-procedure
  • Mootness
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Land And Property [2003] ZASCA 22

Rand Water Board v Rotek Industries (Pty) Ltd (199/2002)

Rand Water Board v Rotek Industries (Pty) Ltd (199/2002) [2003] ZASCA 22; 2003 (4) SA 58 (SCA) (26 March 2003)

The Supreme Court of Appeal dismissed an appeal under section 21A because the dispute had become academic after a servitude was registered.

  • Expropriation
  • Servitude Registration
  • Practical Effect Of Judgment
  • Section 21a Supreme Court Act
  • Practical-effect-of-judgment
  • Academic-appeal
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Delict [2002] ZASCA 10

Municipality of Port Elizabeth v Smit (450/2000)

Municipality of Port Elizabeth v Smit (450/2000) [2002] ZASCA 10; 2002 (4) SA 241 (SCA) (25 March 2002)

The Supreme Court of Appeal dismissed an appeal after the parties settled, holding the matter would have no practical effect under s 21A(1).

  • Negligence
  • Duty Of Care
  • Practical Effect Of Judgment
  • Settlement Agreement
  • Civil-procedure
  • Appeals
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Criminal Law [1999] ZASCA 20

Prokureur-Generaal van die Vrystaat v Ramakhosi (520/96)

Prokureur-Generaal van die Vrystaat v Ramakhosi (520/96) [1999] ZASCA 20 (26 March 1999)

The Supreme Court of Appeal dismissed the attorney-general’s bail appeal as having no practical effect, holding that the appeal was governed by the Criminal Procedure Act.

  • Bail Appeal
  • Practical Effect Of Judgment
  • Supreme Court Act Section 21a
  • Criminal Procedure Act Section 65a
  • Bail-appeal
  • Practical-effect
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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.