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South Africa decisions
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Mhlanga v S (56/2025) [2025] ZAMPMHC 3 (17 January 2025)
Urgent bail-review application struck off for lack of urgency and wrong procedure; the court held that review and appeal were confused and no substantial redress issue was shown.
Lesedi Local Municipality v Strydom (2023/107942) [2024] ZAGPJHC 1221 (22 November 2024)
The High Court dismissed a municipality’s review-style challenge to a magistrate’s proceedings, finding the application procedurally defective and confusingly framed.
Nel v Larsen N.O. (1217/2020) [2024] ZAECQBHC 38 (14 May 2024)
Review of a domestic violence protection order failed where the applicant showed no gross irregularity or bias and the proper remedy lay in appeal.
Lategan and Another v Director of Public Prosecutions, Western Cape and Another (314/2022) [2024] ZASCA 74; 2024 (2) SACR 227 (SCA) (10 May 2024)
Sections 58, 59, and 60 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are procedural in nature and do not affect the substantive rights of accused persons. These provisions apply to future criminal proceedings, even where the underlying offences were committed before the Act's commencement but prosecuted thereafter. The presumption against retrospectivity does not bar the application of procedural rules to future trials. The regional magistrate's order to remove these sections from the charge sheet was a gross irregularity, properly subject to review rathe…
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S v Bogopane (HC 02/2024) [2024] ZANWHC 26 (12 February 2024)
The High Court found that neither the refusal of the prosecution's application for postponement nor the Magistrate's failure to call upon the accused to confirm information regarding previous convictions or pending cases constituted a reviewable irregularity under section 22 of the Superior Courts Act. The prosecution's remedy, if aggrieved by the granting of bail, lies in an appeal under section 65A of the Criminal Procedure Act, not by way of special review. The court emphasized that judicial discretion in bail proceedings must be exercised properly, but procedural missteps that do not viti…
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Tsutsumani Business Enterprises CC v Competition Tribunal and Others (205/CAC/Jul22) [2023] ZACAC 6; [2023] 3 CPLR 34 (CAC) (13 October 2023)
The court held that the applicant's review application was fatally late and not properly explained, failing to meet the requirements for condonation. On the merits, the Tribunal correctly found the applicant to be a dominant firm under the Competition Act, as its turnover exceeded the statutory threshold and it possessed market power during the COVID-19 crisis. The price charged for masks was excessive and unreasonable, with a mark-up and margin far above competitive benchmarks, and not justified by the applicant's claimed costs. The Tribunal's imposition of a penalty was within its powers an…
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African Paper Products (Pty) Ltd and Another v Director of Public Prosecutions: Eastern Cape and Another (Leave to Appeal) (250/2020) [2023] ZAECMKHC 29 (9 March 2023)
The High Court refused leave to appeal, finding no reasonable prospects of success and holding that the applicants had not shown a reviewable irregularity.
Commissioner for the South African Revenue Service v FP (Pty) Ltd (25330; 25331; 25256) [2021] ZATC 8; 84 SATC 321 (19 October 2021)
The court held that the review application launched by the taxpayer in the Tax Court, when appeal proceedings were already pending, constituted an irregular procedural step under rule 30 of the Uniform Rules of Court as read with rule 42 of the Tax Court rules. The Tax Court's jurisdiction is confined to the procedures set out in the Tax Administration Act and its rules, which do not permit a stand-alone legality review on motion in pending appeal proceedings. The taxpayer's reliance on section 117(1) and the South Atlantic Jazz Festival case was misplaced, as those authorities did not extend…
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D[....] v S (A53/2021) [2021] ZAGPJHC 71 (25 June 2021)
High Court dismissed an appeal and review against cancellation of bail and forfeiture of bail money after the appellant unlawfully contacted the complainant.
B K v C K and Other (259/2018) [2019] ZAFSHC 268 (17 December 2019)
High Court review of maintenance orders dismissed; the court held the suspension issue was moot and the remaining complaints belonged on appeal.
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