South Africa Case Law

Janeke v City of Tshwane Metropolitan Municipality and Another (Leave to Appeal) (63060/2019)

Janeke v City of Tshwane Metropolitan Municipality and Another (Leave to Appeal) (63060/2019) [2024] ZAGPPHC 255 (8 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

63060/2019

Judge

J Yende

The High Court dismissed an application for leave to appeal, finding no reasonable prospect of success and no practical effect because other statutory non-compliance remained.

• Institution Of Legal Proceedings Against Organs Of State Act
• Condonation
• Leave To Appeal
• Reasonable Prospect Of Success
• Practical Effect Requirement
• Leave-to-appeal

Bayethe Projects CC v Nelson Mandela Bay Municipality and Others (C.A.&R: 94/2021)

Bayethe Projects CC v Nelson Mandela Bay Municipality and Others (C.A.&R: 94/2021) [2022] ZAECGHC 36; 2022 (6) SA 196 (ECMk) (10 February 2022)

Court

Eastern Cape High Court, Grahamstown

Case number

C.A.&R: 94/2021

Judges

D Van Zyl, M J Lowe

The appeal was dismissed because it had no practical effect or result, as the contract period for the tenders had expired before the hearing. The court found no exceptional circumstances to justify a departure from the usual costs order. Bayethe, as the unsuccessful party, was ordered to pay the costs of the appeal. The court held that the court a quo did address the relief sought in respect of Area 2, and Bayethe's grounds of appeal on this point were unfounded. The principles governing costs in moot appeals were applied, and the court found that Bayethe could have avoided the costs by disco…

Source excerpt

• Judicial Review
• Tender Awards
• Costs Orders
• Practical Effect Requirement
• Municipal Procurement

SA Metal Group (Proprietary) Limited v International Trade Administration Commission and Another (267/2016)

SA Metal Group (Proprietary) Limited v International Trade Administration Commission and Another (267/2016) [2017] ZASCA 14 (17 March 2017)

Court

Supreme Court of Appeal

Case number

267/2016

Judges

Ponnan, Leach, Majiedt, Willis, Fourie

The appeal was dismissed as moot because the export permit dispute concerned old, specific applications that could no longer have any practical effect.

• Review Of Administrative Action
• Export Control
• Trade Policy Directives
• Practical Effect Requirement
• Mootness
• Practical-effect-rule

Director-General of the Department of Agriculture, Forestry and Fisheries for the Republic of South Africa and Another v Nanaga Property Trust represented by its Trustee for the time-being (4689/2014)

Director-General of the Department of Agriculture, Forestry and Fisheries for the Republic of South Africa and Another v Nanaga Property Trust represented by its Trustee for the time-being (4689/2014) [2016] ZAECGHC 22 (21 April 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

4689/2014

Judge

Hartle

The High Court dismissed an application for leave to appeal, finding no practical effect and no compelling reason under section 17 of the Supreme Court Act.

• Leave To Appeal
• Authority Of Administrative Decision Maker
• Practical Effect Requirement
• Obiter Dicta
• National Forest Act Interpretation
• Leave-to-appeal

Keyser v South African Civil Aviation Authority and Another (A336/2015)

Keyser v South African Civil Aviation Authority and Another (A336/2015) [2015] ZAGPPHC 949 (3 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

A336/2015

Judges

E.M. Kubushi, S.S. Madiba

The High Court dismissed an appeal as academic after the appellant’s instructor rating had already been reinstated, leaving no lis between the parties.

• Condonation For Late Appeal
• Practical Effect Requirement
• Appeal Lis
• Costs Award
• Condonation-for-late-appeal
• Mootness

ABSA Bank Limited v Van Rensburg and Another; In Re: ABSA Bank Limited v Maree and Another (228/2013)

ABSA Bank Limited v Van Rensburg and Another; In Re: ABSA Bank Limited v Maree and Another (228/2013) [2014] ZASCA 34; 2014 (4) SA 626 (SCA) (28 March 2014)

Court

Supreme Court of Appeal

Case number

228/2013

Judges

M Maya, M Shongwe, I Leach, N Saldulker, O Mathopo

The SCA struck ABSA’s appeal from the roll after settlement, finding no live dispute and holding that the postponement order was not appealable.

• Appealability Of Interlocutory Orders
• Practical Effect Requirement
• Rules Board Jurisdiction
• Default Judgment Procedure
• Appealability
• Practical-effect

Amatole District Municipality and Another v King William?s Town Taxi Management and Others (ECJ 048/2004)

Amatole District Municipality and Another v King William?s Town Taxi Management and Others (ECJ 048/2004) [2004] ZAECHC 41 (25 November 2004)

Court

High Courts - Eastern Cape

Case number

ECJ 048/2004

Judge

Plasket

Leave to appeal was refused because the contract at the heart of the dispute had expired, leaving no live issue between the parties. Section 21A of the Supreme Court Act requires that an appeal must have a practical effect or result, which was absent in this case. The applicants' arguments regarding public interest and the regulation of taxi ranks were found to be misplaced, as the judgment did not undermine municipal powers nor strike down the Code of Conduct for security officers. The relief sought was either not raised in the founding papers or was too vague to be granted. The court exerci…

Source excerpt

• Leave To Appeal
• Practical Effect Requirement
• Contractual Validity
• Municipal Powers
• Security Services Contract

Premier van die Provinsie Mpumalanga en 'n Ander v Stadsraad van Groblersdal (103/96)

Premier van die Provinsie Mpumalanga en 'n Ander v Stadsraad van Groblersdal (103/96) [1998] ZASCA 20; 1998 (2) SA 1136 (SCA); (25 March 1998)

Court

Supreme Court of Appeal

Case number

103/96

Judges

Olivier, Smalberger, Howie, Schutz, Farlam

The Supreme Court of Appeal dismissed an appeal because it had no practical effect beyond costs, applying section 21A of the Supreme Court Act.

• Local Government Transition
• Interdict
• Practical Effect Requirement
• Costs Order
• Appellate-procedure
• Mootness