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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/
4 judgments
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4 judgments
Citation
Judgment date
July 2014
Crouwcamp v Civic Independent and Others (416/2013) [2014] ZASCA 98 (31 July 2014)
NEC resolutions taken with a non-elected participant were invalid; disciplinary removal of the applicant set aside.
Political party governance – Constitution binds internal organs – NEC composition and election – Participation by a non-elected person (stranger) invalidates NEC meeting – Decisions taken by improperly constituted NEC ultra vires and reviewable – Disciplinary outcomes and subsequent resolutions set aside; costs against those who acted without authority.
 31 July 2014
Naidoo and Another v EP Property Projects (Pty) Ltd and Others (444/2012) [2014] ZASCA 97 (31 July 2014)
Arbitration order enforced; jurisdiction and award upheld; litigation funder held dominus litis and ordered to pay costs.
Arbitration — jurisdiction where referral agreement made an order of court; waiver by participation; review under s 33 — misconduct/gross irregularity; Rule 42 rescission for common mistake; litigation funding — dominus litis and costs liability.
 31 July 2014
Prinsloo v S (534/2013) [2014] ZASCA 96 (15 July 2014)
Credibility findings upheld; racial slur held to constitute crimen iniuria and assault.
Criminal law – crimen iniuria and assault – use of racial slur as an unlawful, dignity‑injuring act; evidence – evaluation of mutually destructive versions – assessment of credibility, probabilities and improbabilities; statement discrepancies – materiality and admissibility; appellate review of trial court’s credibility findings.
 15 July 2014
Minister of Police and Another v SA Metal and Machinery (462/2013) [2014] ZASCA 95 (1 July 2014)
Reported
State must prove unlawful possession before disposing seized goods; wrongful disposal permits actio ad exhibendum damages.
Criminal procedure – search and seizure – s 20 and s 31(1) Criminal Procedure Act – onus on State to prove possession unlawful before disposal; Second-Hand Goods Act non‑compliance does not per se divest lawful possession; wrongful disposal entitles owner to actio ad exhibendum damages; motion proceedings permissible where liability is legal and quantum undisputed.
 1 July 2014