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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12 judgments

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12 judgments

Citation	Judgment date
July 2024
Le Roux and Another v Dielemaar Holdings (Cape) Pty Ltd and Another (414/2023) [2024] ZASCA 118 (25 July 2024) Arbitration interrupted prescription for both principal debtor and sureties; dismissed counterclaim estops relitigation, so leave to appeal refused. Contract law – suretyship and co-principal debtor obligations; Prescription Act – interruption/delay by arbitration (s 13(1)(f)); Arbitration Act – stay and arbitration award made an order of court; Res judicata / issue estoppel – dismissal of counterclaim in arbitration bars relitigation; Leave to appeal – reasonable prospects of success under s 17(1) Superior Courts Act.	25 July 2024
Commissioner for South African Revenue Service v Tunica Trading 59 (Pty) Ltd (1252/2022) [2024] ZASCA 115 (24 July 2024) Reported Section 96 responses are not reviewable under PAJA; s64F requires direct acquisition from licensee warehouse stocks. Customs and excise — section 96(1) pre-litigation notices — response not administrative action under PAJA; statutory construction of s64F(1)(b) — 'obtained from stocks of a licensee' requires direct acquisition from licensed warehouse stocks; refund of excise duty/fuel levy — strict compliance with Schedule 6, Note 10 and rules (64F.04, 64F.06, 19A4.04) necessary; evidential onus to prove origin of goods.	24 July 2024
De Kock v Du Plessis and Others (284/2023) [2024] ZASCA 117 (24 July 2024) Admissible supplementary affidavit revealed respondents had cancelled the contract, extinguishing their occupancy right; eviction ordered as just and equitable on compassionate terms. Eviction – PIE Act s 4(6)/(7); admissibility of further affidavits — substance over form; election/cancellation of contract — approbation and reprobation; cancellation extinguishes contractual right to occupy; just and equitable eviction — balance of interests and provision of alternative accommodation/relief for vulnerable occupiers.	24 July 2024
M B v R B (259/2023) [2024] ZASCA 116 (24 July 2024) A unilateral or attorney-caused calculation error does not justify varying a final divorce settlement for common mistake. Family law – divorce settlement – variation of settlement incorporated as court order – common mistake/justus error; Compromise and res judicata – finality of settlement agreements; Test for mistake – misrepresentation, blame and whether reasonable party was misled; Appealability – whether regional court variation order was final in effect.	24 July 2024
Independent Regulatory Board for Auditors and Others v East Rand Member District of Chartered Accountants and Others (40/2023; 945/2022) [2024] ZASCA 114 (22 July 2024) Reported Whether a statutory regulator exceeded its statutory powers and failed to afford procedural fairness in prescribing fees. Administrative law – statutory regulator’s fee-prescribing powers; administrative action under PAJA; time-bar under s 7 PAJA; ultra vires and irrationality of percentage-based Category C assurance fees (s 8(2)(b) read with s 47(2)); lawfulness of tax-practitioner recognition fees (s 8(2)(c)); procedural fairness and PAJA notice-and-comment obligations; gazetting requirement and expiry of annual fees.	22 July 2024
Gannet Works (Pty) Ltd and Others v Middleton NO and Another (492/2023) [2024] ZASCA 112 (16 July 2024) Reported Angling defined as 'manual' rod-and-line fishing excludes motorised, remote-controlled bait-carrying devices; appeal dismissed with costs. • Environmental and fisheries law – Marine Living Resources Act 18 of 1998 – interpretation of 'angling' in regulations as 'manually' operating rod, reel and line – exclusion of motorised/remote-controlled devices. • Administrative action – public notice by fisheries authority prohibiting motorised bait-carrying devices for recreational angling – lawfulness tested by statutory interpretation. • Permits – s13 recreational fishing permits must be exercised subject to permit conditions and endorsed method of fishing.	16 July 2024
Nyhonyha NO v National Director of Public Prosecutions ; Pillay NO and Another v National Director of Public Prosecutions ; Ash Brook Investments 15 (Pty) Ltd and Others v National Director of Public Prosecutions (972/2022; 973/2022; 974/2022) [2024] ZASCA 113 (16 July 2024) A prima facie showing that trusts and companies hold assets for defendants suffices to sustain POCA restraint orders; appeals dismissed. POCA — Chapter 5 restraint orders; meaning of "realisable property" and when property held by third parties is "held" by a defendant (control, use, benefit); standard in restraint applications — prima facie case; trusts and corporate vehicles used to hold assets; effect of company liquidation on restraint; protection of minority shareholders (s 30(3)).	16 July 2024
Wiese and Others v Commissioner for South African Revenue Service (1307/2022) [2024] ZASCA 111 (12 July 2024) A "tax debt" need not be assessed at the time of dissipation; s50 inquiry transcripts are admissible in civil proceedings. Tax administration — s 183 TAA — third‑party liability for assisting dissipation of taxpayer assets — meaning of "tax debt" (existence prior to assessment; assessment determines amount but underlying liability arises by operation of law); Evidence — s 50 inquiry transcripts — s 56(4) permits use of sworn inquiry evidence in subsequent civil proceedings subject to s 57(2) protections and s 69 confidentiality qualifications; trial court to assess probative value and fairness.	12 July 2024
City of Cape Town v SA Human Rights Commission and Others (1337/2022; 368/2023) [2024] ZASCA 110 (10 July 2024) Reported A municipality may counter‑spoliate only within a narrow 'instanter' window; demolishing occupied structures without court order unlawful. Property law – counter‑spoliation (contra spolie) – narrow 'instanter' requirement – possessory and animus elements; Constitutional rights – s 10 dignity, s 14(c) privacy (protection against seizure of possessions), s 26(3) protection against eviction/demolition without court order; Municipal action – limits on self‑help, need for judicial remedies once possession perfected; Remedies and safeguards – training, guidelines and possible judicial supervision; Legislative reform – matter for legislature, courts to decide case‑by‑case.	10 July 2024
IRD Global Limited v Global Fund to Fight AIDS, Tuberculosis and Malaria (504/2023) [2024] ZASCA 109 (4 July 2024) Reported A South African court lacked jurisdiction over an online defamation claim where the tort arose abroad and only a local download occurred. Civil procedure – Internet publication and jurisdiction – defamation – whether local access/download confers jurisdiction where parties are peregrini and cause of action arose abroad; Interim interdict – requirements and appropriateness for defamation claims; Motion proceedings unsuited for final relief (retraction/apology); Security for costs – judicial discretion where respondent may face difficulty enforcing costs abroad.	4 July 2024
Jeewan v Transnet Soc Limited and Another (696/2023) [2024] ZASCA 108 (4 July 2024) A common-law damages claim for wrongful dismissal accrued on dismissal and prescribed before summons; jurisdiction and res judicata were wrongly upheld. Civil procedure – prescription – accrual of contractual and delictual cause of action on date of dismissal – Prescription Act s 12(1)/s 11(d). Jurisdiction – concurrent jurisdiction of High Court for common-law contractual claims arising from employment – Baloyi and Makhanya. Constitutional interpretation – s 39(2)/s 34 not engaged where common-law claim accrues on dismissal. Costs – Biowatch principle; parties to bear own costs.	4 July 2024
Phoenix Salt Industries (Pty) Ltd v Lubavitch Foundation of Southern Africa (330/2023) [2024] ZASCA 107 (3 July 2024) Non-variation clause does not bar a valid waiver by conduct or oral assurance; appeal dismissed. Contract law – Loan agreement – Non-variation clause – Whether non-variation clause bars waiver – Waiver distinguished from variation – Waiver by conduct or oral assurance valid where right is exclusively that of waiving party – Use of contextual/extrinsic evidence in contract interpretation – Plascon-Evans application.	3 July 2024