South Africa Case Law

Cell C (Pty) Ltd v Commissioner for the South African Revenue Service (30959/2019)

Cell C (Pty) Ltd v Commissioner for the South African Revenue Service (30959/2019) [2025] ZAGPPHC 265 (17 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

30959/2019

Judge

N. Janse Van Nieuwenhuizen

The court held that the issue of review jurisdiction had already been finally determined by Tolmay J, whose judgment was not appealed and remains binding on the parties. The pending Constitutional Court appeal in the Richards Bay matter, even if it results in a different interpretation of section 47(9)(e) of the Customs and Excise Act, will have no legal consequence in the present matter unless Tolmay J's judgment is set aside. The court found that the applicant failed to demonstrate that a stay of proceedings would serve the interests of justice, the parties, or the court. Accordingly, the a…

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• Stay Of Proceedings
• Review Jurisdiction
• Customs And Excise Act
• Finality Of Judgments

Whitebooi and Another v S (Appeal) (CA&R 130/2022)

Whitebooi and Another v S (Appeal) (CA&R 130/2022) [2025] ZAECMKHC 8 (6 February 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R130/2022

Judges

M Roberson, G A Laing

The High Court set aside robbery-with-aggravating-circumstances convictions, substituted robbery simpliciter, reduced robbery sentences to seven years, and confirmed the murder sentence for the first appellant.

• Robbery Simpliciter
• Aggravating Circumstances
• Minimum Sentencing
• Murder
• Review Jurisdiction
• Robbery-simpliciter

Shiundlana v Ashley and Another (072432/2023)

Shiundlana v Ashley and Another (072432/2023) [2024] ZAGPJHC 821 (27 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

072432/2023

Judge

TP Mudau

The court found that Absa Bank Limited was contractually entitled to conduct a post-termination REDS enquiry and list the applicant on the REDS database, even though the disciplinary proceedings were not completed due to the applicant's resignation. The REDS guidelines and the applicant's employment contract expressly provided for such a process. The applicant's argument that resignation precluded listing was rejected, as the guidelines contemplate post-termination enquiries in such circumstances. Furthermore, the applicant failed to plead any legal basis for review, and Absa's decision did n…

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• Register Of Dishonest Employees System
• Employment Contract Interpretation
• Disciplinary Proceedings
• Promotion Of Administrative Justice Act
• Contractual Rights
• Review Jurisdiction

Khumalo v Independent Electoral Commission of South Africa (0025/24EC)

Khumalo v Independent Electoral Commission of South Africa (0025/24EC) [2024] ZAEC 20 (12 June 2024)

Court

Electoral Court

Case number

0025/24EC

Judges

Modiba, Adams, Yacoob

The court found that its review jurisdiction under section 20(1) of the Electoral Commission Act was properly engaged, as the Commission's determination that JK6 complied with regulation 9 constituted a reviewable decision relating to an electoral matter. However, the applicant, having been expelled from MKP and not challenging his expulsion, lacked locus standi to seek relief regarding MKP leadership. The application was not brought within the statutory three-day period, and the delay was unreasonable and unexplained, with no proper case for condonation. On the merits, the court accepted the…

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• Electoral Commission Act
• Locus Standi
• Review Jurisdiction
• Ultra Vires
• Punitive Costs
• Regulation Of Political Parties

Van Aswegen v District Magistrate Atlantis and Another (15846/2023)

Van Aswegen v District Magistrate Atlantis and Another (15846/2023) [2024] ZAWCHC 135 (20 May 2024)

Court

Western Cape High Court, Cape Town

Case number

15846/2023

Judges

C N Nziweni, R Parker

The Court held that the refusal by the magistrate to discharge the applicant at the close of the State's case does not constitute a reviewable irregularity under section 22 of the Superior Courts Act. The applicant failed to demonstrate any gross irregularity, bias, or procedural unfairness in the magistrate's conduct. The alleged errors and comments by the magistrate did not materially affect the fairness of the proceedings or the outcome of the discharge application. The Court emphasized that mere errors in law or dissatisfaction with the exercise of discretion are not grounds for review, a…

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• Section 174 Discharge
• Gross Irregularity
• Review Jurisdiction
• Defeating Or Obstructing Administration Of Justice

S v Tseko (04/2022)

S v Tseko (04/2022) [2023] ZANWHC 195; 2024 (1) SACR 208 (NWM) (25 October 2023)

Court

North West High Court, Mafikeng

Case number

04/2022

Judges

A H Petersen, J T Djaje

High Court review of a magistrate’s sentence for an immigration offence. The court corrected the sentence’s form, reduced the suspension period, and ante-dated it.

• Sentencing Powers Of Magistrates
• Immigration Act Offences
• Suspended Sentence Formulation
• Adjustment Of Fines Act
• Review Jurisdiction
• Immigration-law

S v Nyali and Another (CA&R 10/2023)

S v Nyali and Another (CA&R 10/2023) [2023] ZAECMKHC 21 (24 January 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 10/2023

Judges

B Hartle, M Lowe

The High Court set aside part-heard regional court proceedings because the accused were represented by a person without right of appearance, and ordered a fresh trial.

• Right Of Appearance
• Irregularity In Proceedings
• Review Jurisdiction
• De Novo Trial
• Criminal-law
• Right-of-appearance

Cell C (Pty) Ltd v Commissioner for the South African Revenue Service (30959/2019)

Cell C (Pty) Ltd v Commissioner for the South African Revenue Service (30959/2019) [2022] ZAGPPHC 152; 2022 (4) SA 183 (GP); 84 SATC 369 (11 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

30959/2019

Judge

R G Tolmay

The High Court held that Cell C was confined to the wide appeal under section 47(9)(e) of the Customs and Excise Act and could not compel a Rule 53 record.

• Customs And Excise Act
• Tariff Determination
• Wide Appeal
• Review Jurisdiction
• Rule 53 Procedure
• Customs-and-excise-act

Golden Arrow Bus Service (Pty) v South African Road Passenger Bargaining Council and Others (CA 4/2020)

Golden Arrow Bus Service (Pty) v South African Road Passenger Bargaining Council and Others (CA 4/2020) [2021] ZALAC 20; (2021) 42 ILJ 1446 (LAC) (14 May 2021)

Court

Labour Appeal Court

Case number

CA 4/2020

Judges

Davis JA, Coppin JA, Savage AJA

The Labour Appeal Court held that the Labour Court had jurisdiction to review the exemption appeal ruling under s 158(1)(g) of the Labour Relations Act, as exemption procedures are mandated by the Act and subject to judicial supervision. The exemption appeal authority unduly restricted its inquiry to financial hardship and unintended consequences, failing to consider all relevant factors required by clause 13 of the collective agreement, including the interests of the industry in relation to unfair competition and economic stability. The authority's narrow approach constituted a gross irregul…

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• Collective Bargaining
• Exemption Procedure
• Ultra Vires
• Review Jurisdiction
• Unfair Competition

Mali v The State (CA&R115/2018)

Mali v The State (CA&R115/2018) [2018] ZAECGHC 96 (12 October 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R115/2018

Judges

J M Roberson, RWN Brooks

The High Court dismissed an appeal against a rape conviction, finding the complainant credible and the appellant’s version improbable, but set aside the sentence as incompetent.

• Rape
• Single Witness Evidence
• Credibility Assessment
• Minimum Sentencing
• Review Jurisdiction
• Criminal-appeals