South Africa Case Law

Semono v Municipal Manager Rand West Local Municipality (Appeal) (A122/2022)

Semono v Municipal Manager Rand West Local Municipality (Appeal) (A122/2022) [2025] ZAGPPHC 419 (30 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

A122/2022

Judges

GN Moshoana, E van der Shyff, N Bam

The appeal was upheld because the trial court failed to conduct a proper trial in accordance with the Uniform Rules of Court. Neither party closed their case, and no evidence was led on the quantum of damages. The purported stated case did not comply with rule 33, as it lacked agreed facts, legal questions, and contentions. The trial court was not competent to dismiss the action without hearing full evidence. The appeal court, lacking a complete record and proper evidence, could not determine the merits or quantum and was compelled to remit the matter to the trial court for a proper hearing.…

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• Trial Procedure
• Stated Case
• Remittal Of Matter
• Negligence
• Quantum Of Damages

Gold Plat Recovery (Pty) Ltd v AMCU obo Maluleke and Others (JS202/21)

Gold Plat Recovery (Pty) Ltd v AMCU obo Maluleke and Others (JS202/21) [2024] ZALCJHB 495 (28 November 2024)

Court

Labour Court Johannesburg

Case number

JS202/21

Judge

RN Daniels

The Labour Court granted condonation for a late leave-to-appeal application but dismissed it, finding no denial of a chance to lead evidence on hearsay.

• Admission Of Hearsay Evidence
• Leave To Appeal
• Condonation
• Trial Procedure
• Leave-to-appeal
• Hearsay-evidence

S v Rulwa and Another (CC22/2018)

S v Rulwa and Another (CC22/2018) [2020] ZAECMHC 23 (19 June 2020)

Court

Eastern Cape High Court, Mthatha

Case number

CC22/2018

Judge

M.S. Jolwana

The High Court refused an application to reconstruct an incomplete trial record, finding the missing transcript portions did not compromise the accused’s fair trial rights.

• Fair Trial Rights
• Record Reconstruction
• Constitutional Rights Of Accused
• Criminal Procedure Act Section 76
• Trial Procedure
• Fair-trial-rights

S v Khosa (A 224/14)

S v Khosa (A 224/14) [2014] ZAGPPHC 398 (28 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

A 224/14

Judges

A A Louw, N Janse Van Nieuwenhuizen

On special review, the High Court set aside evidence led after the complainant’s testimony because the rest of the record had been destroyed by fire.

• Sexual Assault
• Trial Procedure
• Record Reconstruction
• Evidence Exclusion
• Criminal-procedure
• Special-review

Heyns v S (A307/08)

Heyns v S (A307/08) [2011] ZAWCHC 256 (8 June 2011)

Court

Western Cape High Court, Cape Town

Case number

A307/08

Judges

Weinkove, Louw

The court found that the evidence against the appellant was overwhelming, with credible eyewitness testimony and medical expert evidence confirming the murder, attempted murder, and assaults. The appellant's own testimony was unconvincing and contradictory. The court held that the failure to record the decision regarding assessors did not result in a failure of justice, as the appellant, through his legal representative, expressly declined assessors. The trial court did not misdirect itself in relation to the convictions or sentences, except for count 4, which was reduced to common assault, a…

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• Murder
• Attempted Murder
• Assault With Intent To Do Grievous Bodily Harm
• Illegal Possession Of Firearm
• Common Assault
• Trial Procedure