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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).
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Cnr Mirriam Makeba & President Brand Streets, Bloemfontein, Free State, 9301
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https://www.supremecourtofappeal.org.za/
2 judgments
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2 judgments
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Judgment date
August 1983
Levco Investments (Proprietary) Limited v Standard Bank of South Africa Limited (373/81/AV) [1983] ZASCA 87 (30 August 1983)
Rulings refusing absolution and allowing re-opening of a case during trial are procedural and not appealable as final orders; appeal struck off the roll.
Civil procedure – Appealability – Whether refusal of absolution from the instance at close of plaintiff's case or grant to re-open that case are appealable as a "judgment or order" under ss 20 and 21 of the Supreme Court Act – Rulings in the course of a trial which do not finally determine issues are not appealable in the manner pursued – protection against piecemeal appeals.
 30 August 1983
Botha v Lues (326/81) [1983] ZASCA 84 (19 Augustus 1983)
Arrest without warrant unlawful where a peace officer lacked objective reasonable grounds and failed to follow required procedures; R500 awarded.

* Delict/Damages – wrongful arrest and detention – legality of arrest without warrant by peace officer – reasonable grounds required for suspicion of driving under the influence. Burden of proof – disputed whether applicant or respondent bears onus to prove illegality/legality of arrest; court proceeds on assumption applicant bears onus but finds unlawfulness nonetheless. Procedural obligations – informing arrested person of grounds and taking for medical examination relevant to lawfulness. Quantum – assessment and award of R500 for unlawful arrest and detention.

 19 August 1983