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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/
5 judgments
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5 judgments
Citation
Judgment date
August 2024
Kubai v S [2024] ZASCA 123 (30 August 2024)
Reported
High court erred in imposing maximum LEMA sentence without regard to offender status or custody time.
Criminal law – sentencing – rhino poaching – interpretation and application of s 117(1)(a) Limpopo Environmental Management Act – when maximum sentence appropriate – proper allowance for time spent in custody – misdirection by reliance on speculative evidence of prior offending.
 30 August 2024
Sand Hawks (Pty) Ltd and Another v Labonte 5 (Pty) Ltd and Others (190/2023) [2024] ZASCA 122 (16 August 2024)
Reported
A regional manager’s s22 acceptance is non-final; the Director-General must properly consider condonation for late internal appeals.
MPRDA s22/s23 – RM’s acceptance role is clerical/mechanical and non-final; functus officio doctrine; s9 queueing (order of receipt) protects earlier compliant applications; s96 internal appeal and condonation – DG must apply established condonation factors (Aurecon); RM decisions are administrative action reviewable under PAJA.
 16 August 2024
South African Human Rights Commission v Agro Data CC and Another (39/2023) [2024] ZASCA 121 (15 August 2024)
Reported
The SAHRC may investigate and assist to secure redress but may not issue binding remedial directives; courts enforce remedies.
Constitutional law; Chapter 9 institutions; SAHRC powers; s 184(2)(b) Constitution; s 13(3) SAHRC Act; binding directives; remedial powers; distinction from Public Protector; access to water; enforcement via courts.
 15 August 2024
Tholo Energy Services CC v Commissioner for South African Revenue Service (378/2023) [2024] ZASCA 120 (6 August 2024)
Reported
Refund claims denied: strict s64F(1)(b) and ITAC permit requirements unmet; wide tariff appeal upheld and dismissed.
Customs and excise – nature of s 47(9)(e) tariff appeals – appeal in the wide sense permitting rehearing; Commissioner may advance additional legitimate grounds. Statutory construction – s 64F(1)(b), s 75, rule 64F and rule 19A4.04 – licensed distributor must obtain fuel from stocks of the licensee at a licensed manufacturing warehouse and comply strictly with Schedule 6 conditions. Export controls – ITA Act permits required for export of restricted goods (diesel); absence of permit precludes refund.
 6 August 2024
Snyman v De Kooker NNO and Others (400/2023) [2024] ZASCA 119 (2 August 2024)
Reported
Trustees failed to render a proper account; defective trust deed justified termination under s 13 and costs de bonis propriis.
Trust Property Control Act — s 13 variation/termination of trust; s 20 removal of trustees — distinct remedies; trustee duty to account; adequacy of accounting; defective trust deed provisions; costs de bonis propriis for fiduciary failures.
 2 August 2024