South Africa Case Law

Jemsana v Minister of Police (1220/2019)

Jemsana v Minister of Police (1220/2019) [2025] ZAECMHC 69 (5 August 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1220/2019

Judge

JGA Laing

The court found that the applicant failed to demonstrate a reasonable prospect of success on appeal as required by section 17(1) of the Superior Courts Act. The police did not act unlawfully in arresting and detaining the applicant, as the officer verified informer information by questioning and searching the applicant, discovering dagga at his residence. The officer's discretion was exercised rationally, considering the seriousness of the offence, the applicant's unknown status, and the circumstances of the arrest. The alleged assault was not pleaded or pursued, and the court was constrained…

Source excerpt

• Leave To Appeal
• Unlawful Arrest
• Unlawful Detention
• Police Discretion
• Damages
• Superior Courts Act

South African Legal Practice Council v Dube (Leave to Appeal) (23500/2020)

South African Legal Practice Council v Dube (Leave to Appeal) (23500/2020) [2025] ZAGPPHC 787 (31 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

23500/2020

Judges

N Davis, M Lenyai

The High Court refused a legal practitioner’s application for leave to appeal his striking off, holding that he showed no reasonable prospects of success or other compelling reason.

• Leave To Appeal
• Striking Off
• Superior Courts Act
• Costs Order
• Leave-to-appeal
• Striking-off

Claremart Auctioneers (Pty) Ltd v Van Beuren and Others (18103/2021)

Claremart Auctioneers (Pty) Ltd v Van Beuren and Others (18103/2021) [2025] ZAWCHC 316 (30 July 2025)

Court

Western Cape High Court, Cape Town

Case number

18103/2021

Judge

LekhULENI

High Court stay of execution granted pending leave to appeal, after respondents refused an undertaking and executed a warrant against the applicant.

• Stay Of Execution
• Leave To Appeal
• Costs Order
• Superior Courts Act
• Uniform Rules Of Court
• Stay-of-execution

Nkwanyana and Another v Open Mic Productions (Pty) Ltd and Another (Leave to Appeal) (098393/2023)

Nkwanyana and Another v Open Mic Productions (Pty) Ltd and Another (Leave to Appeal) (098393/2023) [2025] ZAGPPHC 734 (24 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

098393/2023

Judge

G N Moshoana

The High Court refused leave to appeal, found no reasonable prospects of success, and varied a costs order to remove an incorrect reference to two counsel.

• Leave To Appeal
• Costs Orders
• Variation Of Orders
• Superior Courts Act
• Uniform Rules Of Court
• Leave-to-appeal

Nedbank Limited v Abandoned Vehicle and Truck Solutions (Pty) Ltd and Others (074260/2023)

Nedbank Limited v Abandoned Vehicle and Truck Solutions (Pty) Ltd and Others (074260/2023) [2025] ZAGPPHC 744 (22 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

074260/2023

Judge

J.F. Grobler

The High Court varied an earlier order, confirmed that enrichment liens over motor vehicles cannot be ceded or sold, and ordered surrender of listed vehicles.

• Enrichment Lien
• Cession Of Liens
• Variation Of Court Order
• Superior Courts Act
• Interdict
• Costs Order

N.Z v Member of the Executive Council for Health - Western Cape (Leave to Appeal) (8734/2017)

N.Z v Member of the Executive Council for Health - Western Cape (Leave to Appeal) (8734/2017) [2025] ZAWCHC 290 (15 July 2025)

Court

Western Cape High Court, Cape Town

Case number

8734/2017

Judge

R K Parker

The High Court dismissed the defendant’s application for leave to appeal in a medical negligence matter, finding no reasonable prospects of success or compelling reason.

• Leave To Appeal Test
• Medical Negligence
• Costs Order
• Superior Courts Act
• Expert Evidence
• Leave-to-appeal

Turners Shipping (Pty) Ltd v Commissioner for the South African Revenue Service (Leave to Appeal) (2022/059481)

Turners Shipping (Pty) Ltd v Commissioner for the South African Revenue Service (Leave to Appeal) (2022/059481) [2025] ZAGPPHC 677 (3 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022/059481

Judge

Bam

The High Court granted Turners Shipping leave to appeal to the Full Court, finding another court may reach a different conclusion on the statutory liability issues.

• Leave To Appeal
• Superior Courts Act
• Liability For Duties
• Definition Of Exporter
• Agency Liability
• 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

Dr AB Xuma Local Municipality v Delihlazo and Others (Leave to Appeal) (3883/2024)

Dr AB Xuma Local Municipality v Delihlazo and Others (Leave to Appeal) (3883/2024) [2025] ZAECMHC 54 (19 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3883/2024

Judge

Nobatana

The High Court dismissed a municipality’s application for leave to appeal against a ruling that precautionary suspensions were unlawful.

• Precautionary Suspension
• Collective Agreement
• Legality Review
• Unlawful Suspension
• Superior Courts Act
• Costs Order

Economic Freedom Fighters (Pty) Ltd and Others v Gas Giants CC and Another (13850/2022)

Economic Freedom Fighters (Pty) Ltd and Others v Gas Giants CC and Another (13850/2022) [2025] ZAGPPHC 613 (13 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

13850/2022

Judge

Strijdom

The High Court granted leave to appeal to the Full Court after finding a reasonable prospect that another court may reach a different conclusion.

• Leave To Appeal
• Reasonable Prospect Of Success
• Superior Courts Act
• Costs In Appeal
• Leave-to-appeal
• Reasonable-prospect-of-success