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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/
7 judgments
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7 judgments
Citation
Judgment date
June 2014
Eskom Holdings Soc Ltd v Norton and Another (464/2013) [2014] ZASCA 94 (26 June 2014)
A servitude-holder who knows and acknowledges the new owner and holds the title deed cannot rely on a non-production clause to avoid cancellation for non-payment.
Servitude law; interpretation of protection clause (clause 9) requiring production of title deed; validity of cancellation for non-payment (clause 3); effect of servitude-holder's acknowledgement of transferee and possession of title deed; late tender and payment to prior owner ineffective to defeat cancellation.
 26 June 2014
Vhembe District Municipality v Stewarts And Lloyds Trading (booysens) (Pty) Limited and Another (397/2013) [2014] ZASCA 93 (26 June 2014)
Reported
Applicant failed to show proper excuse, valid defence or that statutory notice requirements applied; appeal dismissed with costs.
Practice — rescission of default judgment — Uniform Rule 31(2)(b) — requirements: reasonable explanation, bona fides, prima facie defence; Service — Uniform Rules and s 115(3) Municipal Systems Act — service on person in attendance at municipal manager’s office effective; Institution of Legal Proceedings Against Certain Organs of State Act — definition of "debt" confined to liabilities to pay damages — Act not applicable to contractual payment claim.
 26 June 2014
Manok Family Trust v Blue Horison Investment 10 (Pty) Limited and Others (220/2013) [2014] ZASCA 92 (13 June 2014)
Reported
A regional land claims commissioner cannot reverse a final s11(4) preclusion decision; re-opening the claim was unlawful.
Restitution of Land Rights Act – s 11(1), s 11(4) and s 11A – finality of s 11(4) preclusion decisions – functus officio – administrative law – doctrine of legality – procedural fairness under PAJA – review and setting aside of unlawful re-opening of land claims.
 13 June 2014
Commissioner South African Revenue Services v Pretoria East Motors (Pty) Ltd (291/2012) [2014] ZASCA 91 (12 June 2014)
Reported
Whether additional tax and 200% penalties were justified where SARS misread accounting records and taxpayer provided explanatory evidence.
Tax — Income Tax and VAT — burden of proof on taxpayer in appeals (s 82 IT Act; s 37 VAT Act) — SARS’ assessments unsustainable where based on misconstruction of accounting system — s 16(2)(c) does not import supplier declaration requirement from s 20(8) — internal transfers, demo stock and cancelled trade‑ins not taxable supplies — penalties require proof of intent to evade (s 76 IT Act; s 60 VAT Act).
 12 June 2014
Fischer and Another v Ramahlele and Others (203/2014) [2014] ZASCA 88 (4 June 2014)
Reported
A court may not raise and decide new legal issues mero motu or deny agreed oral evidence resolving factual disputes.
Practice — applications and motions — dispute of fact referred for oral evidence — court not entitled to refuse agreed oral evidence and decide mero motu new legal issues; mandament van spolie — requirement of peaceful, undisturbed physical possession for immovable property — PIE — occupation requires factual possession, not merely completion or intent to occupy; judicial restraint in raising issues.
 4 June 2014
Kalil N.O. and Others v Mangaung Metropolitan Municipality and Others (210/2014) [2014] ZASCA 90 (4 June 2014)
Reported
Municipality failed proper public participation, but Rates Act/regulations do not forbid higher business than residential property rates.
Municipal finance and rates — statutory public participation and publication obligations in budget process; Municipal Property Rates Act s19(1)(b) and regulations — scope of prescribed rate ratios; whether regulations limit municipal ability to levy higher business rates than residential; legality review of municipal decisions; duties of state deponents and costs in public-interest litigation.
 4 June 2014
Prinsloo v S (525/2013) [2014] ZASCA 82 (4 June 2014)
Accomplice testimony corroborated by circumstantial facts upheld murder conviction; theft and firearms convictions overturned.
Criminal law – murder – conviction on evidence of accomplice – corroboration required and found via independent circumstantial facts; standards for assessing accused's version; insufficient proof for theft and firearms convictions.
 4 June 2014