South Africa Case Law

Mkhonto and Others v Bushbuckridge Local Municipality and Others (218/2024)

Mkhonto and Others v Bushbuckridge Local Municipality and Others (218/2024) [2025] ZASCA 111 (23 July 2025)

Court

Supreme Court of Appeal

Case number

218/2024

Judges

Matojane, Weiner, Koen, Phatshoane, Molitsoane

The SCA struck a reconsideration application from the roll, finding no exceptional circumstances to reopen refusal of special leave to appeal.

• Municipal Staff Restructuring
• Policy Framework Compliance
• Exceptional Circumstances
• Promotion Of Administrative Justice Act
• Local Government Municipal Systems Act
• Special Leave To Appeal

Minister of Police and Another v Ramabanta (511/2024)

Minister of Police and Another v Ramabanta (511/2024) [2025] ZASCA 95 (24 June 2025)

Court

Supreme Court of Appeal

Case number

511/2024

Judges

Mbatha JA, Saldulker AJA, Dlodlo AJA

The Supreme Court of Appeal dismissed an application to reconsider refusal of special leave, finding no exceptional circumstances under s 17(2)(f).

• Special Leave To Appeal
• Exceptional Circumstances
• Malicious Prosecution
• Quantum Of Damages
• Superior Courts Act
• Judicial Discretion

Ditlhakanyane v S (775/2023)

Ditlhakanyane v S (775/2023) [2025] ZASCA 90 (12 June 2025)

Court

Supreme Court of Appeal

Case number

775/2023

Judges

Mocumie, Nicholls, Baartman, Musi, Windell

The Supreme Court of Appeal found that convicting the appellant under both s 2(1)(e) and s 2(1)(f) of POCA for the same conduct violated the rule against duplication of convictions. The evidence used to prove participation in the enterprise (s 2(1)(e)) necessarily proved management of the enterprise (s 2(1)(f)), and vice versa, making the two counts indistinguishable on the facts. Both the trial and full courts failed to address this duplication, constituting a material misdirection. The conviction and sentence under s 2(1)(f) were set aside, leaving only the conviction under s 2(1)(e). Regar…

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• Racketeering
• Duplication Of Convictions
• Prevention Of Organised Crime Act
• Sentencing Discretion
• Special Leave To Appeal
• Pattern Of Racketeering Activity

Lorenzi v S (1171/2023)

Lorenzi v S (1171/2023) [2025] ZASCA 58 (13 May 2025)

Court

Supreme Court of Appeal

Case number

1171/2023

Judges

Mocumie, Kgoele, Coppin

The court held that the applicant failed to demonstrate exceptional circumstances warranting reconsideration of the refusal of special leave to appeal. The trial court properly exercised its sentencing discretion, considered all relevant factors, and imposed sentences that were appropriate given the seriousness and duration of the offences, the breach of fiduciary duty, and the lack of genuine remorse. The settlement agreement did not extinguish criminal liability nor constitute repayment of the stolen funds. Correctional supervision was not a viable sentencing option in the circumstances, an…

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• Special Leave To Appeal
• Exceptional Circumstances
• Sentencing Discretion
• Minimum Sentences
• Correctional Supervision

Sekabate v S (1223/2023)

Sekabate v S (1223/2023) [2025] ZASCA 49 (25 April 2025)

Court

Supreme Court of Appeal

Case number

1223/2023

Judges

Zondi, Hughes, Keightley, Koen, Bloem

The Supreme Court of Appeal set aside Thabo Joseph Sekabate’s murder conviction and sentence, finding the State had not proved the fatal stabbing beyond reasonable doubt.

• Murder
• Dolus Eventualis
• Special Leave To Appeal
• Misdirection
• Burden Of Proof
• Criminal-law

Merryweather v Scholtz and Another (447/2023)

Merryweather v Scholtz and Another (447/2023) [2024] ZASCA 150 (6 November 2024)

Court

Supreme Court of Appeal

Case number

447/2023

Judges

Ponnan, Smith, Unterhalter, Koen, Mantame

Appeal struck off after the court found no special circumstances and no reasonable prospects of success in a delict claim arising from a violent altercation.

• Onus Of Proof
• Admissibility Of Evidence
• Bodily Injury
• Self Defence
• Special Leave To Appeal
• Delict

Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd and Others (773/2022)

Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd and Others (773/2022) [2024] ZASCA 40 (4 April 2024)

Court

Supreme Court of Appeal

Case number

773/2022

Judges

Ponnan, Mabindla-Boqwana, Goosen, Tolmay, Bloem

The Supreme Court of Appeal held that Savannah failed to establish any additional factor or criterion required for special leave to appeal under section 16(1)(b) of the Superior Courts Act. The applicant did not demonstrate reasonable prospects of success, nor did it show any special circumstances warranting the grant of special leave. The sale of Erf 445 and subsequent development into sectional title units rendered the relief sought impossible, as the property had been transferred to third parties and the body corporate. Savannah failed to amend its particulars of claim or join necessary pa…

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• Special Leave To Appeal
• Impossibility Of Performance
• Sectional Titles Act
• Companies Act Section 228
• Transfer Of Property
• Body Corporate Membership

Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government v Motubatse and Another (182/2021)

Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government v Motubatse and Another (182/2021) [2023] ZASCA 162 (30 November 2023)

Court

Supreme Court of Appeal

Case number

182/2021

Judges

Mocumie, Makgoka, Weiner, Nhlangulela, Windell

The Supreme Court of Appeal held that the full court erred in treating the rescission order as appealable, as such orders are interlocutory and do not determine the definitive rights of the parties. The Zweni test for appealability was reaffirmed, and the interests of justice did not justify deviation in this case. The applicant's explanations for procedural delays were inadequate, but the discrete point of law raised and the need to correct the full court's misdirection constituted special circumstances warranting special leave to appeal. The appeal was upheld, but due to the applicant's rep…

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• Rescission Of Default Judgment
• Appealability Of Interlocutory Orders
• Condonation
• Special Leave To Appeal
• Costs Award

Integrity Forensic Solutions CC v Amajuba District Municipality (662/2022)

Integrity Forensic Solutions CC v Amajuba District Municipality (662/2022) [2023] ZASCA 124 (28 September 2023)

Court

Supreme Court of Appeal

Case number

662/2022

Judges

Ponnan, Mabindla-Boqwana, Goosen, Windell, Keightley

The Supreme Court of Appeal held that no valid, enforceable agreement for litigation support services was proved and struck the appeal off the roll with costs.

• Contract Formation
• Enforceability Of Agreements
• Special Leave To Appeal
• Municipal Procurement
• Estoppel
• Contract-formation

Abduradughman v S (A332/13)

Abduradughman v S (A332/13) [2022] ZAWCHC 138 (19 July 2022)

Court

Western Cape High Court, Cape Town

Case number

A332/13

Judge

Thulare

The High Court extended the applicant’s bail pending her petition for special leave to appeal, finding the delay in prosecuting the appeal was not shown to be deliberate.

• Bail Extension
• Special Leave To Appeal
• Unreasonable Delay
• Warrant Of Arrest
• Administration Of Justice
• Bail-extension