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South Africa decisions
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E.D.M.A v Meintjes and Meintjes Rekenmeesters CC and Another (632/2023) [2025] ZASCA 113 (29 July 2025)
The Supreme Court of Appeal struck the reconsideration application from the roll, finding no exceptional circumstances under section 17(2)(f) of the Superior Courts Act.
Bidvest Protea Coin Security (Pty) Ltd v Mandla Wellem Mabena (986/2023) [2025] ZASCA 23; 2025 (3) SA 362 (SCA) (26 March 2025)
The Supreme Court of Appeal held that it must first determine whether exceptional circumstances exist before reconsidering the refusal of special leave to appeal. The court found that both the trial court and the full court had considered Bidvest's defence of necessity, and there was no unfairness or procedural irregularity. The full court affirmed the trial court's findings and did not exclude the defence of necessity. As no exceptional circumstances were established, the court lacked jurisdiction to reconsider the refusal of special leave to appeal. The matter was accordingly struck from th…
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Thabazimbi Local Municipality and Others v ABSA Bank Limited Others (11869/2023) [2024] ZALMPPHC 157 (9 April 2024)
The High Court held that a section 17(2)(f) reconsideration application does not automatically suspend the challenged order and dismissed the urgent application with costs.
Cloete and Another v S; Sekgala v Nedbank Limited (CCT324/17; CCT63/18) [2019] ZACC 6; 2019 (5) BCLR 544 (CC); 2019 (4) SA 268 (CC); 2019 (2) SACR 130 (CC) (19 February 2019)
The Constitutional Court held that ordinarily, no appeal lies against a decision of the President of the Supreme Court of Appeal under section 17(2)(f) of the Superior Courts Act. Such decisions are generally factual in nature, concerning whether exceptional circumstances exist, and do not engage the Constitutional Court's jurisdiction unless compelling circumstances are present. The President's decision is not a final decision on the merits and does not dispose of the rights of the parties. Allowing appeals against these decisions would create a dual appeal process, leading to piecemeal adju…
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Liesching and Others v S and Another (CCT245/15) [2016] ZACC 41; 2017 (4) BCLR 454 (CC); 2017 (2) SACR 193 (CC) (15 November 2016)
The Constitutional Court held that the definition of 'appeal' in section 1 of the Superior Courts Act does not exclude all criminal matters from the scope of Chapter 5. Section 17(2)(f) applies to both civil and criminal proceedings, allowing the President of the Supreme Court of Appeal to refer a petition for reconsideration in exceptional circumstances. The procedure under section 327 of the Criminal Procedure Act is not an appeal and only applies after all recognised appeal procedures are exhausted. The President's interpretation, which excluded criminal matters from section 17(2)(f), crea…
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Malele v S; Ngobeni and Others v S (724/16) [2016] ZASCA 115 (13 September 2016)
The SCA granted condonation and referred a refusal of special leave to appeal for reconsideration, finding possible grave injustice and exceptional circumstances.
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