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Supreme Court of Appeal of South Africa

The Supreme Court of Appeal is, except in respect of certain labour and competition matters, the second highest court in South Africa. In terms of the Constitution, it is purely an appeal court and may decide only appeals and issues connected with appeals. (Banner image by Ben Bezuidenhout).
Physical address
Cnr Mirriam Makeba & President Brand Streets, Bloemfontein, Free State, 9301
8,943 judgments
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8,943 judgments
Citation
Judgment date
July 2025
Court upholds directors' power to rescind winding-up orders independently under common law.
Company Law – Locus Standi – Directors' residual powers to rescind winding-up orders – Section 354(1) Companies Act – Common law application for rescission.
15 July 2025
Court invalidated a tender cancellation due to procedural errors under PAJA guidelines, restoring the original tender outcome.
Administrative law – setting aside administrative action – appropriate procedure under PAJA – declarator improperly used to challenge administrative decision.
15 July 2025
Supreme Court of Appeal found sheriff's delay non-contemptuous; adhered to legal rights within appeal timeframe.
Civil procedure – Contempt of court – Compliance with court orders – Intent to appeal within statutory timeframe.
15 July 2025
Tax court jurisdiction affirmed for appeals on VAT apportionment method approval refusals by the Commissioner.
Tax law – VAT – Obligation of Commissioner to approve apportionment method for input tax deduction – Appealability of refusals under section 32(1)(a)(iv) of VAT Act.
8 July 2025
The court remits a customary dispute about royal family composition for oral evidence to determine acting Bapedi monarch.
Customary Law – Traditional Leadership – Identification of acting king or queen – Bapedi custom – Royal family composition and decision-making process.
7 July 2025
The court confirmed Woolworths Holdings' entitlement to input tax deduction and overturned SARS' imposition of penalties.
Tax law – VAT deductions – Understatement penalties – Deductible input tax for enterprise-related services – Import vs. non-import services distinction.
4 July 2025
Enforceability of franchise agreement's post-termination provisions under the Consumer Protection Act.
Contract law - Franchise agreements - Enforceability of post-termination provisions; Unlawful competition - Use of intellectual property post-termination.
4 July 2025
Payment after liquidation disregarded concursus creditorum, requiring repayment to liquidators.
Insolvency - concursus creditorum - liquidation effects on mandates in business sale agreements - authority termination post-liquidation.
2 July 2025
June 2025
Directors cannot appoint attorneys for a company under business rescue without practitioner approval.
Company Law – Business Rescue – authority of directors versus business rescue practitioners – attorney representation in litigation.
30 June 2025
The application for reconsideration due to alleged legal misapplication and disproportionate damages fails for lack of exceptional circumstances.
Civil procedure – reconsideration of refused petition – exceptional circumstances – Superior Courts Act s 17(2)(f) – malicious prosecution – damages award.
24 June 2025
Trademark infringement not equivalent to counterfeiting without deliberate intent to deceive.
Trademark Law – Counterfeit Goods Act – Definition of counterfeiting – Intent to deceive required – Trademark infringement versus counterfeiting.
23 June 2025
20 June 2025
General damages for pain and suffering denied for unaware child; special damages sufficiently address care needs.
Delictual law – General damages – Unconscious minor claimant with cerebral palsy – Award for pain and suffering – Awareness as a criterion for non-pecuniary damages.
20 June 2025
20 June 2025
12 June 2025
12 June 2025
Application for reconsideration of special leave to appeal struck off; no exceptional circumstances proved.
Criminal Procedure – Theft – Special leave to appeal – Reconsideration under s 17(2)(f) – Absence of exceptional circumstances.
12 June 2025
12 June 2025
11 June 2025
11 June 2025
10 June 2025
10 June 2025
Application for reconsideration of petition refusal dismissed due to lack of exceptional circumstances and substantive legal issues.
Contracts – simulated transactions – National Credit Act – exceptional circumstances under s 17(2)(f) of the Superior Courts Act – reconsideration of petition refusal.
9 June 2025
6 June 2025
5 June 2025
5 June 2025
4 June 2025
4 June 2025
4 June 2025
2 June 2025
May 2025
30 May 2025
30 May 2025
30 May 2025
30 May 2025
29 May 2025
29 May 2025
28 May 2025
26 May 2025
23 May 2025
Prescription began on notifying ATS of cession invalidity, not on later legal rulings.
Unjustified enrichment – Prescription Act – commencement of prescription – exception for legal practitioners' negligence – applicability to non-legal claims.
20 May 2025
The court enforced on-demand guarantees, highlighting their autonomy from underlying contracts, dismissing defenses of fraud, and unconscionability.
Contract Law – on-demand guarantees – autonomy from underlying contracts – defenses of fraud and unconscionability – enforceability of demands.
20 May 2025

Contempt of court – requirements restated – whether conduct met requirements – Co-operatives Act 14 of 2005 – s 72 (1) – whether competent to rely on a different cause of action after initial provisional order discharged per agreement.

16 May 2025

Criminal law – whether the appellant was arrested and abducted in Tanzania by members of South African Police Service – matter decided on respondents’ version – appeal dismissed.

Pleadings – matter to be decided on notice of motion and founding affidavit – impermissible to make out case in reply – case on pleadings not made out.

16 May 2025

Company Law – directors’ resolution – attack on basis of failure to comply with s 74 of Companies Act 71 of 2008 (the Act) – notice given – s 74 complied with.

Company Law – directors’ resolution – attack on basis that resolution taken for improper purposes – test – dominant purpose to benefit company – proper purpose established – subsidiary purpose no basis to set aside.

Company Law – directors’ resolution – attack that no rational basis for resolution – subjective test – directors had reasonable belief that rational – case not made out.

Company Law – attack on resolution on basis that it constitutes oppressive conduct – s 163(1)(a) of the Act – exceptional circumstances not shown.

Company Law – declaration of delinquency of director – s 162 of the Act – evidence for – no material factual disputes on essential issues – multiple breaches of fiduciary duty – case of delinquency made out.

Company Law – resolution in 1998 giving rise to invalid share issue – s 97 of Companies Act 61 of 1973 – discretion of high court to validate invalid share issue – strict discretion – properly exercised – no basis for appeal court to set aside.

14 May 2025

Extension of Security of Tenure Act 62 of 1997 – Section 2(1)(a) – property within a township but designated for agricultural purposes – occupiers entitled to protections afforded under the Act.

14 May 2025
14 May 2025

Practice and procedure – special leave to appeal -refusal by two judges of the Supreme Court of Appeal (SCA) – s 17(2)(f) of the Superior Courts Act 10 of 2013 – referral of order refusing special leave to appeal for reconsideration and, if necessary, variation. Appeal – application for special leave to appeal to the SCA – requirements for grant thereof – test not satisfied by establishing existence of only reasonable prospects of success but existence of exceptional circumstances also required – sentence – whether discretion exercised judicially – exceptional circumstances not proven – custodial sentence appropriate.

13 May 2025

Criminal Law and Procedure – s 93ter(1) of the Magistrates’ Court Act 32 of 1944 – appellant legally represented – record stating no assessors required – compliance with s 93ter(1) – s 316(5) of the Criminal Procedure Act 51 of 1977 – leave to adduce new evidence on appeal – State witness recanting evidence – no reasonably acceptable explanation for not producing evidence at trial – appeal dismissed.

12 May 2025

Company in business rescue – whether tax liability arising from additional assessment raised by Commissioner for South African Revenue Service (SARS) after commencement of business rescue is a pre- or post-commencement debt – whether such liability may be set off against VAT credit which became due to the company by SARS after the company was placed in business rescue.

12 May 2025
Antenuptial contract declarations of estate value are binding unless contested by common law grounds.
Matrimonial Property – Antenuptial contract declarations – Binding nature – Section 6(3) interpretation – Accrual system rights.
9 May 2025