South Africa Case Law

Mafoho v S (149/2012)

Mafoho v S (149/2012) [2013] ZASCA 49; 2013 (2) SACR 179 (SCA) (28 March 2013)

Court

Supreme Court of Appeal

Case number

149/2012

Judges

Mthiyane, Shongwe, Schoeman, Swain, Mbha

The Supreme Court of Appeal held that the appellant's sentence of 275 years' imprisonment, although excessive, does not require interference because the Parole and Correctional Supervision Amendment Act 87 of 1997 entitles prisoners serving determinate sentences to be considered for parole after serving 25 years, regardless of the length of the sentence. The court found that the trial court did not have jurisdiction to impose life imprisonment at the time, and thus substitution of the sentence was not competent. The appellant's reliance on cases involving prescribed life sentences was misplac…

Source excerpt

• Parole Eligibility
• Correctional Services Act
• Minimum Sentences Act
• Retrospective Legislation
• Cruel Inhuman Punishment

Van Wyk v Minister of Correctional Services and Others (40915/10)

Van Wyk v Minister of Correctional Services and Others (40915/10) [2011] ZAGPPHC 125; 2012 (1) SACR 159 (GNP) (26 July 2011)

Court

North Gauteng High Court, Pretoria

Case number

40915/10

Judge

Hiemstra

The High Court held that a correctional services order could not retrospectively remove lifers’ credit-based parole benefits under the old Act.

• Parole Eligibility
• Retrospective Legislation
• Rule Of Law
• Constitutional Interpretation
• Correctional Services Policy
• Parole-eligibility

Progress Office Machines CC v South African Revenue Services and Others (532/06)

Progress Office Machines CC v South African Revenue Services and Others (532/06) [2007] ZASCA 118; [2007] 4 All SA 1358 (SCA); 2008 (2) SA 13 (SCA); 69 SATC 231 (25 September 2007)

Court

Supreme Court of Appeal

Case number

532/06

Judges

Scott, Lewis, Heher, Malan, Mhlantla

The Supreme Court of Appeal held that a retroactively imposed anti-dumping duty ran from the retrospective date, not the publication date, and had lapsed after five years.

• Anti Dumping Duties
• Customs And Excise Act
• Retrospective Legislation
• International Trade Agreements
• Sunset Review
• Duration Of Duties

African National Congress v United Democratic Movement and Others (Krog and Others Intervening) (CCT43/02)

African National Congress v United Democratic Movement and Others (Krog and Others Intervening) (CCT43/02) [2002] ZACC 24; 2003 (1) SA 533; 2003 (1) BCLR 1 (19 November 2002)

Court

Constitutional Court

Case number

CCT43/02

Judges

Chaskalson CJ, Langa DCJ, Goldstone J, Kriegler J, Mokgoro J, Ngcobo J, O'Regan J, Sachs J, Yacoob J

The Constitutional Court held that neither the ANC nor the Minister established grounds for varying or clarifying the previous order regarding the invalidity of the Membership Act. The introduction of a constitutional amendment Bill does not constitute a legal basis for reinstating members who lost their seats, nor does it justify extending the interim protection previously afforded. The principle of finality in litigation precludes variation of the Court's order except in narrowly defined circumstances, none of which are present. Any consequences arising from a future constitutional amendmen…

Source excerpt

• Variation Of Court Orders
• Floor Crossing
• Retrospective Legislation
• Direct Access
• Costs Orders

Dali and Others v Government of Republic of South Africa and Another (623/98)

Dali and Others v Government of Republic of South Africa and Another (623/98) [2000] ZASCA 30; [2000] 3 All SA 206 (A) (31 May 2000)

Court

Supreme Court of Appeal

Case number

623/98

Judges

Grosskopf, Marais, Zulman, Streicher, Mthiyane

The Supreme Court of Appeal held that the repayments made by the appellants to the Government of Venda were not owing and were recoverable under the condictio indebiti, as the amounts were paid under duress and were not due. The court found that the appellants were entitled to 100% of their accrued benefits and that the funding level of the pension fund was irrelevant to the calculation of their entitlement. The court rejected the respondents' argument that the Venda Pension Fund was a separate legal entity, holding them to their admissions and agreements during trial. Section 8 of Proc 9 of…

Source excerpt

• Condictio Indebiti
• Privatisation Of Pension Fund
• Retrospective Legislation
• Constitutional Review
• Costs Orders

Nissan SA (Pty) Ltd v Commissioner for Inland Revenue (425/96)

Nissan SA (Pty) Ltd v Commissioner for Inland Revenue (425/96) [1998] ZASCA 59; 1998 (4) SA 860 (SCA); [1998] 4 All SA 269 (A) (2 September 1998)

Court

Supreme Court of Appeal

Case number

425/96

Judges

Marais, Mahomed, Eksteen, Zulman, Farlam

The Supreme Court of Appeal held that export incentive payments under the Phase VI Scheme were exempt from normal tax, without requiring ministerial approval.

• Income Tax Exemption
• Export Incentive Schemes
• Statutory Interpretation
• Retrospective Legislation
• Income-tax-exemption
• Export-incentive-schemes

Cohen Brothers Furniture (Pty) Ltd. and Another v Minister of Finance and Others (615/95)

Cohen Brothers Furniture (Pty) Ltd. and Another v Minister of Finance and Others (615/95) [1998] ZASCA 15; 1998 (2) SA 1128 (SCA); [1998] 2 All SA 163 (A) (23 March 1998)

Court

Supreme Court of Appeal

Case number

615/95

Judges

L T C Harms, Mahomed, Eksteen, Scott, Zulman

The Supreme Court of Appeal held that retrospective Ciskei tax amendments validly applied withholding tax to dividends paid to an external-management company, so no refund was due.

• Withholding Tax
• Retrospective Legislation
• Double Taxation Agreement
• Statutory Interpretation
• Withholding-tax
• Retrospective-legislation

Premier of Kwazulu-Natal and Others v President of the Republic of South Africa and Others (CCT36/95)

Premier of Kwazulu-Natal and Others v President of the Republic of South Africa and Others (CCT36/95) [1995] ZACC 10; 1995 (12) BCLR 1561; 1996 (1) SA 769 (29 November 1995)

Court

Constitutional Court

Case number

CCT36/95

Judges

Mahomed DP, Chaskalson P, Ackermann J, Didcott J, Kentridge AJ, Kriegler J, Langa J, Madala J, Mokgoro J, O'Regan J, Sachs J

The Constitutional Court dismissed challenges to 1995 amendments affecting provincial pay, traditional leadership, and local government transition rules.

• Constitutional Amendment Procedure
• Provincial Legislative Competence
• Traditional Leadership
• Local Government Transition
• Retrospective Legislation
• Constitutional-amendment-procedure

Sehume v City Council of Atteridgeville and Another (32/90)

Sehume v City Council of Atteridgeville and Another (32/90) [1991] ZASCA 127; 1992 (1) SA 41 (AD); [1992] 1 All SA 284 (A) (27 September 1991)

Court

Supreme Court of Appeal

Case number

32/90

Judges

Van Heerden, Hefer, Smalberger, Nienaber, KrieglER

The Supreme Court of Appeal held that the City Council of Atteridgeville acted ultra vires by imposing a special levy under section 23(1)(p) of the Black Local Authorities Act to recover overcharges for municipal services previously collected under invalidated by-laws. The court found that the levy was, in substance, a retrospective increase in service charges, which the enabling statute did not authorise. The by-law circumvented the prescribed procedure for amending tariffs and discriminated unreasonably against ratepayers who had paid under the invalid by-laws, depriving them of refunds whi…

Source excerpt

• Municipal By Laws
• Retrospective Legislation
• Ultra Vires
• Unreasonable Discrimination