Skip to document content Skip to main menu Skip to search
background image

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
Visit website
https://www.supremecourtofappeal.org.za/
7 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Labels
  • Alphabet
Sort by:
7 judgments
Citation
Judgment date
February 2024
Parry v Dunn-Blatch and Others (394/2022) [2024] ZASCA 19 (28 February 2024)
Shareholder/director may invoke s 163, but on these facts no oppressive conduct was established and special leave is refused.
Company law – oppression remedy (s 163) – scope and locus standi of shareholder/director to seek relief; Copyright – assignment and effect of adaptations – s 22(3) of Copyright Act; Foss v Harbottle / reflective loss – not an absolute bar to s 163 claims; Variation of contracts by court under oppression remedy – caution where material disputes of fact and applicant’s acquiescence; Special leave to appeal – requirement of special circumstances in addition to prospects of success.
 28 February 2024
Sekoala v S (579/2022) [2024] ZASCA 18 (21 February 2024)
The appellant’s rape convictions set aside where complainant's single-witness evidence was inconsistent and accused's version reasonably possible.
Criminal law — rape — evaluation of single-witness complainant evidence — duty to treat single-witness evidence with caution; accused’s version must only be rejected if shown false beyond reasonable doubt; medical (J88) report is neutral absent expert evidence to explain findings; conviction unsustainable where inconsistencies and reasonable possibility of accused’s version exist.
 21 February 2024
Ledwaba v Minister of Justice and Constitutional Development and Others (947/2022) [2024] ZASCA 17 (16 February 2024)
Reasonable and probable cause must be assessed at the time of the prosecution decision and precedes any inquiry into malice; appeal dismissed.
Malicious prosecution — sequence of enquiry: reasonable and probable cause antecedent to malice (animus injuriandi); assessment of reasonable and probable cause by reference to materials available to prosecutor at time of decision to prosecute; count‑by‑count evaluation; withdrawal of charges or s 174 discharges do not necessarily negate original reasonable cause.
 16 February 2024
Cohen v Absa Bank Limited (1280/2021) [2024] ZASCA 16 (9 February 2024)
A surety lacks locus standi to invoke s 31(2) of the Insolvency Act to avoid liability after a debtor's liquidation.
Insolvency law – interpretation of s31(2) read with s32 – remedies to set aside collusive dispositions vested in liquidator/trustee (or creditor in liquidator’s name) – s31(2) remedies follow only upon setting aside and benefit the estate – surety lacks locus standi to invoke s31(2) as a defence.
 9 February 2024
S v Mthanti (859/2022) [2024] ZASCA 15 (8 February 2024)
Reported
Court upholds life sentence for rape involving grievous bodily harm, substitutes 15 years where statutory requirements for life were unmet.
Criminal law – sentencing – s 316B appeal – duplication of convictions and punishment – common-sense test to avoid splitting one substantive offence. Criminal Law Amendment Act 105 of 1997 – s 51(1) and Schedule 2 – definition/application of 'grievous bodily harm' in rape cases – life sentence where rape involves grievous bodily harm. Schedule 2 Part I(a)(iii) – prescribed life sentence for an offender convicted of two or more rapes but not yet sentenced – inapplicable where convictions had not yet occurred at time of subsequent offence. Substantial and compelling circumstances – assessment: aggravating conduct may outweigh personal mitigation, precluding deviation from statutory minima.
 8 February 2024
Lindsey and Others v Conteh (774/2022) [2024] ZASCA 13 (6 February 2024)
Reported
A foreign possession order convertible under foreign procedure is not a liquid money judgment for provisional sentence.
Private international law; enforceability of foreign judgments; provisional sentence; liquidity requirement — foreign possession order enforceable under foreign procedure as money does not become a liquid money judgment for South African provisional-sentence enforcement.
 6 February 2024
Vodacom (Pty) Ltd v Makate and Another (401/2022) [2024] ZASCA 14 (6 February 2024)
Reported
Bekker test (with Dublin/Prince caveat) applies to CEO deadlock determinations; five‑year cap was unreasonable, substituted with 5%–7.5% revenue share.
Constitutional‑order interpretation; third‑party deadlock‑breaker determinations — Bekker equitable‑rectification test (distinct from PAJA) with Dean v Prince/Dublin caveat; review where decision is unreasonable, irregular or produces a patently inequitable result; proper remedies — substitution v remittal; revenue‑share quantification (duration, incremental revenue, effective rate, disclosure).
 6 February 2024