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South Africa decisions
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Malki's Investment Trust v Hashi and Others [2023] ZAGPPHC 270; 27673/2022 (6 April 2023)
The High Court dismissed an application for leave to appeal against an eviction order, finding no reasonable prospects of success and no special circumstances.
Fast Motion Trade and Investment (Pty) Ltd v Avon Justine (Pty) Ltd (21158/2019) [2023] ZAGPJHC 276 (27 March 2023)
The court held that the plaintiff's admission of the defendant's expert report constituted an implied or tacit undertaking not to place the report's conclusions in issue at trial. Withdrawal of such an admission requires the demonstration of special circumstances, not merely the absence of prejudice. The plaintiff failed to provide a sufficiently full explanation for the withdrawal, did not establish bona fides, and did not show that justice and fairness justified the withdrawal. The lateness of the application caused prejudice to the defendant, who could not adequately prepare and had alread…
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Chithi and Others v Minister of Agriculture, Rural Development and Land Reform and Others; In re: Mavundulu Community v Minister of Agriculture, Rural Development and Land Reform and Others (LCC125/2008) [2021] ZALCC 29 (22 November 2021)
The Land Claims Court refused leave to appeal a costs order, finding no reasonable prospects of success and accepting that special circumstances justified costs.
Nel v Road Accident Fund (14406/2011) [2019] ZAGPPHC 456 (19 August 2019)
The High Court refused the Road Accident Fund leave to withdraw a pre-trial concession on liability, finding no special circumstances and no basis to revisit the merits.
Moyo v The State (848/18) [2018] ZASCA 157; 2019 (1) SACR 605 (SCA) (23 November 2018)
The Supreme Court of Appeal upheld Moyo’s appeal against refusal of leave to appeal his sentence, finding misdirection in the non-parole order.
Notshokovu v S (157/15) [2016] ZASCA 112 (7 September 2016)
The Supreme Court of Appeal held that the appellant failed to demonstrate any special circumstances warranting reconsideration of the refusal of special leave to appeal. The trial court's factual findings regarding the credibility of the complainant and the improbability of the appellant's version were supported by the evidence. The medical report's admission was immaterial, as the appellant admitted intercourse and the dispute centered on consent, which the complainant credibly denied. The statutory requirement for assessors did not apply to rape cases, and the trial court applied the correc…
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Road Accident Fund v Khoza (65231/12) [2015] ZAGPPHC 613 (28 August 2015)
The Court held that the Road Accident Fund failed to establish any special circumstances that would justify the withdrawal of the deemed admission made at the pre-trial conference. The agreement regarding the seriousness of the respondent's injuries and entitlement to non-patrimonial damages was reached deliberately and recorded in the pre-trial minutes. The applicant had sufficient time and opportunity to challenge the RAF-4 assessment but failed to do so within the agreed period. The affidavit submitted by the applicant did not provide any credible or acceptable explanation for the withdraw…
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SA Solidarity obo Booi and Others v Technistrut (Pty) Ltd t/a Selati Roofs (JS381/12) [2015] ZALCJHB 212 (15 July 2015)
The Labour Court refused a mid-trial attempt to amend a signed pre-trial minute, holding that no special circumstances justified withdrawing the admissions.
Tima and Others v Minister of Home Affairs (34392/2014) [2015] ZAGPPHC 763 (9 July 2015)
The High Court reviewed and set aside the Minister’s refusal of a permanent residence exemption, finding that relevant factors were not properly considered.
Emakhasaneni Community and Another v Minister of Rural Development and Land Reform and Others (LCC 03/2009) [2014] ZALCC 13 (9 June 2014)
The Land Claims Court ordered wasted costs against the claimant community and intervening party after last-minute postponement caused by delayed intervention and attempted withdrawal of admissions.
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