South Africa Case Law

Letlojane v Ratlou Local Municipality and Others (6451/24)

Letlojane v Ratlou Local Municipality and Others (6451/24) [2025] ZANWHC 21 (3 February 2025)

Court

North West High Court, Mafikeng

Case number

6451/24

Judge

A Reddy

The court found that the applicant failed to establish genuine urgency as required by Rule 6(12). The urgency was self-created because the applicant had a clear alternative remedy: the right to appeal or refer the dispute to the Bargaining Council, CCMA, or an accredited agency under the Labour Relations Act. The applicant did not demonstrate that he would not be afforded substantial redress in due course. The court emphasized that the right of access to court is fundamental but must be balanced against the need to follow established procedures. As a result, the application was struck from th…

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• Urgency In Motion Proceedings
• Unlawful Dismissal
• Municipal Governance
• Right Of Appeal
• Rule 6 12
• Substantial Redress

Kekae v S (A282/17)

Kekae v S (A282/17) [2024] ZAGPPHC 844 (26 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

A282/17

Judges

Khumalo, Motha

The High Court set aside a rape and robbery conviction and sentence after key evidence was missing from the record and the appeal could not be fairly heard.

• Missing Trial Record
• Right Of Appeal
• Fair Trial
• Condonation
• Setting Aside Conviction
• Missing-trial-record

Health Professions Council of South Africa v Haeck (A2023/050722)

Health Professions Council of South Africa v Haeck (A2023/050722) [2024] ZAGPJHC 455 (7 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/050722

Judges

Siwendu, Windell, Unterhalter

The Full Court held that the PCI's decision to refer the complaint to the PCC was not a final decision and therefore not appealable under section 20 of the Health Professions Act. The PCI's function is investigative, not adjudicative, and its referral does not constitute a finding of guilt. Audi alteram partem rights are not required at the investigative stage; they are afforded during the disciplinary inquiry before the PCC. The High Court erred in setting aside the PCI's referral and the misconduct complaint, as it exercised powers not conferred by the Act and intervened prematurely before…

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• Health Professions Act
• Right Of Appeal
• Audi Alteram Partem
• Investigative Decision
• Disciplinary Proceedings

Moyeng v S (A264/17)

Moyeng v S (A264/17) [2021] ZAGPPHC 706; 2021 (2) SACR 538 (GP) (13 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

A264/17

Judges

PM Mabuse, TV Raikane

The appeal court found that the destruction of the trial record and court books by the court manager rendered it impossible to determine the propriety of the convictions and sentences. Both the appellant and respondent agreed that the absence of the record, coupled with the impossibility of reconstruction, prejudiced the appellant's right to a fair trial and appeal. The court held that the failure to preserve the record constituted a failure of justice, and that postponing the matter for further attempts at reconstruction would be futile and unjust. Accordingly, the only just course was to se…

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• Right Of Appeal
• Missing Trial Record
• Fair Trial Rights
• Reconstruction Of Record

J L v Rand Mutual Assurance Company Limited and Others (A3004/20016)

J L v Rand Mutual Assurance Company Limited and Others (A3004/20016) [2016] ZAGPJHC 407 (13 July 2016)

Court

South Gauteng High Court, Johannesburg

Case number

A3004/20016

Judges

R Keightley, M Mbongwe

High Court appeal under COIDA over jurisdiction, ultra vires review, and a refusal to increase a disability award.

• Compensation For Occupational Injuries
• Judicial Review
• Ultra Vires
• Right Of Appeal
• Permanent Disability Assessment
• Coida

Vermaak and Others v Minister of Environmental Affairs of the Republic of South Africa and Others (224/2013)

Vermaak and Others v Minister of Environmental Affairs of the Republic of South Africa and Others (224/2013) [2013] ZAECPEHC 36 (19 March 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

224/2013

Judge

Goosen

The court upheld a non-joinder objection in an urgent wind-farm dispute, finding the MEC had to be joined before the appeal issue could be decided.

• Non Joinder
• Interim Interdict
• Environmental Authorisation
• Land Use Planning
• Right Of Appeal
• Urgency

Qhinga and Others v S (CCT 50/10)

Qhinga and Others v S (CCT 50/10) [2011] ZACC 18; 2011 (9) BCLR 980 (CC); 2011 (2) SACR 378 (CC) (25 May 2011)

Court

Constitutional Court

Case number

CCT 50/10

Judges

Mthiyane AJ, Ngcobo CJ, Moseneke DCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Mogoeng J, Nkabinde J, Van der Westhuizen J, Yacoob J

The Constitutional Court held that the Supreme Court of Appeal failed to meet the constitutional standard of fairness required by section 35(3)(o) of the Constitution when it refused the applicants' petition for leave to appeal without considering the relevant portions of the record, specifically the rulings and reasons from the trials-within-the-trial. The absence of these reasons prevented an adequate reappraisal of the case and an informed decision, thereby infringing the applicants' right of appeal or review by a higher court. The Court found that the only just and equitable remedy was to…

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• Right Of Appeal
• Fair Trial
• Section 35 3 O
• Petition Procedure
• Admissibility Of Evidence

S v Ntopane and Another (A742/2006)

S v Ntopane and Another (A742/2006) [2009] ZAGPPHC 3 (10 March 2009)

Court

North Gauteng High Court, Pretoria

Case number

A742/2006

Judges

T M Makgoka, F G Preller

The court held that although the general principle is to set aside conviction and sentence where the record is incapable of reconstruction, this does not apply where the appellant's own delay in noting the appeal is the primary cause of the inability to reconstruct the record. In this case, the appellant noted his appeal three years after conviction and sentence, which led to the loss of vital reconstruction material. The court found that the appellant should not benefit from a situation largely of his own making and, accordingly, struck the appeal off the roll without considering the condona…

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• Incomplete Record On Appeal
• Condonation For Late Appeal
• Right Of Appeal
• Reconstruction Of Record

Ninian & Lester (Pty)Ltd v Crouse N.O and Others (DA8/06)

Ninian & Lester (Pty)Ltd v Crouse N.O and Others (DA8/06) [2008] ZALAC 16; (2009) 30 ILJ 2889 (LAC) (1 December 2008)

Court

Labour Appeal Court

Case number

DA8/06

Judges

Zondo JP, Patel JA, Waglay JA

The Labour Appeal Court held that the right of appeal under section 111(3) of the Labour Relations Act is limited to persons who have a legal grievance or whose legal rights are adversely affected by the registrar's decision. The Court reasoned that courts are meant to resolve concrete disputes, not academic or abstract issues, and that Parliament did not intend to burden the Labour Court with appeals from persons lacking locus standi. The Court found that the appellant, as a member of the general public with no legal or substantial interest in the registration of the bargaining council, was…

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• Registration Of Bargaining Councils
• Locus Standi
• Right Of Appeal
• Interpretation Of Aggrieved Person
• Labour Relations Act

S v Williams (10/2007)

S v Williams (10/2007) [2008] ZANCHC 19 (18 April 2008)

Court

Northern Cape High Court, Kimberley

Case number

10/2007

Judge

C J Olivier

On special review, the court set aside a murder conviction and 15-year sentence after the trial record was lost and could not be reconstructed.

• Lost Court Record
• Condonation
• Right Of Appeal
• Reconstruction Of Record
• Murder Conviction
• Constitutional Rights