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South Africa Case Law

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Civil Procedure [2024] ZASCA 154

Hanekom N O and Others v Nuwekloof Private Game Reserve Farm Owners Association (502/2023)

Hanekom N O and Others v Nuwekloof Private Game Reserve Farm Owners Association (502/2023) [2024] ZASCA 154; 2025 (2) SA 128 (SCA) (12 November 2024)

Court
Supreme Court of Appeal
Case number
502/2023
Judges
Ponnan, Makgoka, Weiner, Mantame, Masipa

The Supreme Court of Appeal held that it lacked jurisdiction to entertain the appeal because the high court sat as a court of first instance in a statutory appeal from the CSOS adjudicator. The appellants failed to seek leave to appeal from the high court as required by s 16(1)(a) of the Superior Courts Act. The order granting special leave to appeal by the Supreme Court of Appeal was a nullity. The Court rejected the argument that its inherent powers under s 173 of the Constitution could be used to assume jurisdiction, confirming that such powers do not extend to matters where jurisdiction i…

Source excerpt

  • Leave To Appeal
  • Jurisdiction Of Supreme Court Of Appeal
  • Community Schemes Ombud Service Act
  • Statutory Appeals
  • Administrative Action
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Banking And Finance [2019] ZASCA 190

National Credit Regulator v Lewis Stores (Pty) Ltd and Another (937/18)

National Credit Regulator v Lewis Stores (Pty) Ltd and Another (937/18) [2019] ZASCA 190; 2020 (2) SA 390 (SCA); [2020] 2 All SA 31 (SCA) (13 December 2019)

Court
Supreme Court of Appeal
Case number
937/18
Judges
Wallis, Nicholls, Dlodlo, Eksteen, Hughes

The Supreme Court of Appeal held that the errors in the documentation of extended warranties did not render the agreements void or unlawful, as the actual agreements between Lewis and its customers were honoured and provided the intended two-year cover beyond the supplier's warranty. The written document is evidence of the agreement, not a constitutive requirement, and extrinsic evidence may be considered where there is no dispute as to the substance of the agreement. Club fees were found to be unrelated to the credit agreement, optional, and not a cost of credit under the National Credit Act…

Source excerpt

  • National Credit Act
  • Extended Warranty Agreements
  • Cost Of Credit
  • Club Fees
  • Statutory Appeals
  • Leave To Appeal Procedure
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.