provides: ‘The Supreme Court of Appeal or a Division
Court of Appeal of Tanzania 2003-(SAFLII) that court on appeal to it. limine,
MUTSHUTSHU WILSON MAMATHO Respondent. special leave, decide the merits [2]
of Appeal website and release to SAFLII. It is trite that an automatic right to appeal no longer exists, especially in the High Courts. Court rolls are published as received from the courts. could be disposed of without the hearing of oral argument court Mandatory: The neutral citation code used by SAFLII to identify the court that decided the case, as follows: SADCT: SADC Tribunal; ZACC: Constitutional Court of South Africa; ZASCA: Supreme Court of Appeal of South Africa; ZAECHC: High Courts – Eastern Cape; ZAGPHC: High Courts – Gauteng; ZAGPPHC: High Courts – Gauteng, Pretoria On 17 January 2013 the appellant was sentenced to an
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy. of his then
JUDGMENT. THE SUPREME COURT OF APPEAL OF SOUTH AFRICA. In five cases the appeal was dismissed. Appellant, THE
Library: Alta Street. On
It remains to record that both counsel were agreed that this appeal
[2008] 4 All SA 68 (SCA); 2013 (2) SACR 126 (SCA). the Criminal Procedure Act 51 of 1977 (the CPA) for leave to appeal. The time and date for hand-down is deemed to be 10h00 on 13 November 2020. appealed against is the refusal of leave Coram: SCOTT, FARLAM, CONRADIE JJA, VAN HEERDEN etMOTATA AJJA. refused by the high court circumstances such as these, the only order
In the matter between: THE LAW SOCIETY OF THE NORTHERN PROVINCES Appellant. The date and time for hand-down is deemed to be 10h00 on 5 June 2020. of a petition seeking leave to appeal against a sentence Case No: 843/2018. appeal to the High Court
and Another v Maposa and Others (642/2018) [2020] ZASCA 23; 2020 (5) SA 111 (SCA) (25 March 2020), Auckland Park Theological Seminary v University of Johannesburg (1160/2018) [2020] ZASCA 24 (25 March 2020), Motloung and Another v The Sheriff, Pretoria East and Others (1394/2018) [2020] ZASCA 25; 2020 (5) SA 123 (SCA) (26 March 2020), Tau v Mashaba and Others (335/2019) [2020] ZASCA 26; 2020 (5) SA 135 (SCA) (26 March 2020), Nohour and Another v Minister of Justice and Constitutional Development (1139/2018) [2020] ZASCA 27; 2020 (2) SACR 229 (SCA) (26 March 2020), Nu-World Industries (Pty) Ltd v Strix Ltd (1349/18) [2020] ZASCA 28 (26 March 2020), Medihelp v Minister of Finance NO (1387/2018) [2020] ZASCA 29 (26 March 2020), Bergh and Others v Agricultural Research Council (93/2019) [2020] ZASCA 30; [2020] 2 All SA 637 (SCA) (1 April 2020), FirstRand Bank Ltd v McLachlan and Others (394/2019) [2020] ZASCA 31; 2020 (6) SA 46 (SCA) (1 April 2020), Ekurhuleni West College v Segal and Another (1287/2018) [2020] ZASCA 32 (2 April 2020), Osman Tyres and Spares CC and Another v ADT Security (Pty) Ltd (1174/2018) [2020] ZASCA 33; [2020] 3 All SA 73 (SCA) (3 April 2020), Diageo South Africa (Pty) Ltd v Commissioner for the South African Revenue Service (330/2019) [2020] ZASCA 34 (3 April 2020), Khutala Property Consortium (Pty) Ltd v Mtubatuba Municipality and Others (1299/2018) [2020] ZASCA 35 (6 April 2020), MTEC Rustenburg and Others v Capricorn District Municipality (743/2018) [2020] ZASCA 36 (6 April 2020), Quad Africa Energy (Pty) Ltd v The Sugarless Company (Pty) Ltd and Another (1176/2018) [2020] ZASCA 37; [2020] 2 All SA 687 (SCA); 2020 (6) SA 90 (SCA) (9 April 2020), Liberty Group Ltd v Illman (1334/2018) [2020] ZASCA 38; 2020 (5) SA 397 (SCA) (16 April 2020), South Durban Community Environmental Alliance v MEC for Economic Development, Tourism and Environmental Affairs: KwaZulu-Natal Provincial Government and Another (231/19) [2020] ZASCA 39; [2020] 2 All SA 713 (SCA); 2020 (7) BCLR 789 (SCA); 2020 (4) SA 453 (SCA) (17 April 2020), Minister of Environmental Affairs and Another v ArcelorMittal South Africa Limited (342/2019) [2020] ZASCA 40 (17 April 2020), Liberty Group Limited t/a Liberty Life v K & D Telemarketing and Others (1290/18) [2020] ZASCA 41 (20 April 2020), Y v S (537/2018) [2020] ZASCA 42 (21 April 2020), L M and Others v T M (343/2019) [2020] ZASCA 43 (21 April 2020), Mahlangu and Another v Minister of Police (1393/2018) [2020] ZASCA 44; [2020] 2 All SA 656 (SCA); 2020 (2) SACR 136 (SCA) (21 April 2020), Kooij and Others v Middleground Trading 251 CC and Another (1249/18) [2020] ZASCA 45 (23 April 2020), Tsambo v Sengadi (244/19) [2020] ZASCA 46 (30 April 2020), Pretorius v S (705/2019) [2020] ZASCA 47 (4 May 2020), C M v E M (1086/2018) [2020] ZASCA 48; [2020] 3 All SA 1 (SCA); 2020 (5) SA 49 (SCA) (5 May 2020), Hewetson v Law Society of the Free State (948/2018) [2020] ZASCA 49; [2020] 3 All SA 15 (SCA); 2020 (5) SA 86 (SCA) (5 May 2020), Minister of Police v K (403/2019) [2020] ZASCA 50; 2020 (2) SACR 1 (SCA); [2020] 3 All SA 38 (SCA) (6 May 2020), van Zyl NO v Road Accident Fund (263/19) [2020] ZASCA 51; 2020 (4) SA 503 (SCA) (6 May 2020), Umgungundlovu District Municipality v Amaraka Investments 37 (Pty) Ltd (921/19) [2020] ZASCA 52 (15 May 2020), Petropulos and Another v Dias (1055/2018) [2020] ZASCA 53; [2020] 3 All SA 358 (SCA); 2020 (5) SA 63 (SCA) (21 May 2020), Monyepao v Ledwaba and Others (1368/18) [2020] ZASCA 54 (27 May 2020), City of Tshwane Metropolitan Municipality and Another v Moipone Fleet (Pty) Ltd (57/2019) [2020] ZASCA 55 (27 May 2020), South African History Archive Trust v South African Reserve Bank and Another (17/19) [2020] ZASCA 56; [2020] 3 All SA 380 (SCA); 2020 (6) SA 127 (SCA); 2020 (12) BCLR 1427 (SCA) (29 May 2020), Mazizini Community v Minister of Rural Development and Land Reform and Others (1310/2018) [2020] ZASCA 57; [2020] 3 All SA 318 (SCA) (2 June 2020), Iveco South Africa (Pty) Ltd v Centurion Bus Manufacturers (Pty) Ltd (183/2019) [2020] ZASCA 58 (3 June 2020), Minister of Safety and Security v Lincoln (682/19) [2020] ZASCA 59; [2020] 3 All SA 341 (SCA); 2020 (2) SACR 262 (SCA) (5 June 2020), Fraai Uitzicht 1798 Farm (Pty) Limited v McCullough and Others (118/2019) [2020] ZASCA 60 (5 June 2020), Micaren Exel Petroleum Wholesaler (Pty) Ltd v Stella Quick Shop (Pty) Ltd and Another (471/2019) [2020] ZASCA 61 (9 June 2020), Valor IT v Premier, North West Province and Others (322/19) [2020] ZASCA 62; [2020] 3 All SA 397 (SCA); 2021 (1) SA 42 (SCA) (9 June 2020), Signature Real Estate (Pty) Ltd v Charles Edwards Properties and Others (415/2019) [2020] ZASCA 63; 2020 (6) SA 397 (SCA) (10 June 2020), Le Roux NO and Others v Botha NO and Others (427/19) [2020] ZASCA 67 (17 June 2020), Chauke v S (807/2019) [2020] ZASCA 68 (18 June 2020), Director of Public Prosecutions: Limpopo v Molope and Another (1109/19) [2020] ZASCA 69; [2020] 3 All SA 633 (SCA); 2020 (2) SACR 343 (SCA) (18 June 2020), Madibeng Local Municipality v DDP Valuers and Another (1284/2017) [2020] ZASCA 70 (19 June 2020), Monyepao v Ledwaba and Others (1368/18) [2020] ZASCA 71 (19 June 2020), Road Accident Fund v Mbele (555/19) [2020] ZASCA 72; 2020 (6) SA 118 (SCA) (22 June 2020), Tshaka N O and Others v Standard Bank of South Africa Limited and Another (141/2019) [2020] ZASCA 73 (25 June 2020), Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another (201/19) [2020] ZASCA 74 (29 June 2020), Oranje Watersport CC v Dawid Kruiper Local Municipality and Others (397/2019) [2020] ZASCA 75 (30 June 2020), Beadica 231 CC v Sale's Hire CC (1191/2018) [2020] ZASCA 76 (30 June 2020), Mathekga and Another v S (717/2019) [2020] ZASCA 77; [2020] 3 All SA 681 (SCA) ; 2020 (2) SACR 559 (SCA) (30 June 2020), Van Huyssteen and Others v Pepkor Speciality (Pty) Ltd and Another (334/2019) [2020] ZASCA 78 (30 June 2020), AfriForum NPC v Chairperson of the Council of the University of South Africa and Others (765/2018) [2020] ZASCA 79 (30 June 2020), Director of Public Prosecutions, Northern Cape v Brooks and Others (505/19) [2020] ZASCA 80 (2 July 2020), Systems Applications Consultants (Pty) Ltd t/a Securinfo v Systems Applications Products AG and Others (1371/2018) [2020] ZASCA 81 (2 July 2020), School Governing Body Grey College, Bloemfontein v Scheepers and Another (506/19) [2020] ZASCA 82; [2020] 3 All SA 704 (SCA) (3 July 2020), Hlumisa Investment Holdings (RF) Ltd and Another v Kirkinis and Others (1423/2018) [2020] ZASCA 83; [2020] 3 All SA 650 (SCA); 2020 (5) SA 419 (SCA) (3 July 2020), Van Zyl NO v Getz NO (548/19) [2020] ZASCA 84; [2020] 3 All SA 730 (SCA) (6 July 2020), Sontsele v 140 Main Street Properties CC and Another (328/2019) [2020] ZASCA 85 (6 July 2020), M and Another v Murray and Others (251/2019) [2020] ZASCA 86; 2020 (6) SA 55 (SCA) (9 July 2020), Resultant Finance (Pty) Ltd v Head of Department for the Department of Health, KwaZulu-Natal and Another (62/2019) [2020] ZASCA 87 (16 July 2020), National Commissioner of Police and Another v Gun Owners of South Africa (561/2019) [2020] ZASCA 88; [2020] 4 All SA 1 (SCA); 2020 (6) SA 69 (SCA); 2021 (1) SACR 44 (SCA) (23 July 2020), A M and Another v MEC for Health, Western Cape (1258/2018) [2020] ZASCA 89 (31 July 2020), Passenger Rail Agency of South Africa v Sbahle Fire Services CC (230/2019) [2020] ZASCA 90 (4 August 2020), Compcare Wellness Medical Scheme v Registrar of Medical Schemes and Others (267/2020) [2020] ZASCA 91; 2021 (1) SA 15 (SCA) (17 August 2020), Tshiki v S (358/2019) [2020] ZASCA 92 (18 August 2020), Sibanyoni v S (951/2019) [2020] ZASCA 93 (18 August 2020), Ngakantsi v S (1020/2020) [2020] ZASCA 94 (19 August 2020), Women in Capital Growth (Pty) Ltd and Another v Scott and Others (1193/2019) [2020] ZASCA 95 (20 August 2020), Samancor Chrome Ltd v VDH Holdings (Pty) Ltd and Others (344/19) [2020] ZASCA 96 (27 August 2020), Breetzke and Others NNO v Alexander NO and Others (232/2019) [2020] ZASCA 97; [2020] 4 All SA 374 (GP); 2020 (6) SA 360 (SCA) (2 September 2020), Leshilo v S (345/2019) [2020] ZASCA 98 (8 September 2020), Lungisa v S (696/2019) [2020] ZASCA 99; 2021 (1) SACR 1 (SCA) (9 September 2020), Van Meyeren v Cloete (636/2019) [2020] ZASCA 100; [2020] 4 All SA 358 (SCA); 2021 (1) SA 59 (SCA) (11 September 2020), Moodliar and Others v Recycling and Economic Initiative of South Africa NPC and Others; Gore and Others v Kusaga Taka Consulting (Pty) Ltd and Others (977/2019) [2020] ZASCA 101; 2020 (6) SA 386 (SCA) (15 September 2020), Mbatha v S (928/20) [2020] ZASCA 102 (15 September 2020), Minister: Western Cape Department of Social Development v BE obo JE and Another (379/2019) [2020] ZASCA 103; [2020] 4 All SA 650 (SCA); 2021 (1) SA 75 (SCA) (16 September 2020), Investec Bank Limited v Erf 436 Elandspoort (Pty) Ltd and Others (410/2019) [2020] ZASCA 104; 2021 (1) SA 28 (SCA) (16 September 2020), Milestone Beverage CC and Others v The Scotch Whisky Association and Others (1037/2019) [2020] ZASCA 105; [2020] 4 All SA 335 (SCA) (18 September 2020), Moamogoe v S (191/2019) [2020] ZASCA 106 (18 September 2020), Central Developments Tshwane (Pty) Ltd and Another v Body Corporate, Twee Riviere Aftree Oord (635/2019) [2020] ZASCA 107 (21 September 2020), Khan v Shaik (641/2019) [2020] ZASCA 108; 2020 (6) SA 375 (SCA) (21 September 2020), Phakula v Minister of Safety and Security (454/19) [2020] ZASCA 109 (23 September 2020), Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd and Another (1011/2019) [2020] ZASCA 110 (29 September 2020), Government Employees Medical Scheme and Others v Public Protector of the Republic of South Africa and Others (1000/19) [2020] ZASCA 111; [2020] 4 All SA 629 (SCA) (29 September 2020), Modise and Another v Tladi Holdings (Pty) Ltd (307/19) [2020] ZASCA 112; [2020] 4 All SA 670 (SCA) (29 September 2020), Jones v Pretorius NO (281/2019) [2020] ZASCA 113 (29 September 2020), Bilankulu and Another v S (188/2020) [2020] ZASCA 114 (29 September 2020), Director of Public Prosecutions: Gauteng Division, Pretoria v Mbonani (1198/2019) [2020] ZASCA 115 (30 September 2020), Municipal Employees' Pension Fund and Others v Chrisal Investments (Pty) Ltd and Others (792/19) [2020] ZASCA 116; [2020] 4 All SA 686 (SCA) (1 October 2020), City of Cape Town v Carelse and Others (296/2019) [2020] ZASCA 117; [2020] 4 All SA 613 (SCA) (1 October 2020), Former Way Trade & Invest (Pty) Ltd v Bright Idea Projects 66 (Pty) Ltd (1341/2018) [2020] ZASCA 118 (1 October 2020), Minister of Public Works v Roux Property Fund (Pty) Ltd (779/2019) [2020] ZASCA 119 (1 October 2020), Martrade Shipping and Transport GmbH v United Enterprises Corporation and MV 'Unity' (1085/ 2019) [2020] ZASCA 120 (2 October 2020), Malcolm Wentzel v Discovery Life Limited and Others: In Re Botha and Others NNO v Wentzel (1001/19) [2020] ZASCA 121 (2 October 2020), Altech Radio Holdings (Pty) Limited and Others v City of Tshwane Metropolitan Municipality (1104/2019) [2020] ZASCA 122 (5 October 2020), Hattingh v Furman and Others NNO (388/2019) [2020] ZASCA 123 (5 October 2020), Whitehead and Another v Trustees of the Insolvent Estate of Dennis Charles Riekert and Others (567/2019) [2020] ZASCA 124 (7 October 2020), Mawonga and Another v Walter Sisulu Municipality and Others (574/2019) [2020] ZASCA 125 (7 October 2020), Public Servants Association of South Africa and Others v Government Employees Pension Fund and Others (886/2019) [2020] ZASCA 126; [2020] 4 All SA 710 (SCA) (9 October 2020), Huysamen and Another v Absa Bank Limited and Others (660/2019) [2020] ZASCA 127 (12 October 2020), Moyeni v De Vries and Others NNO (808/2019) [2020] ZASCA 128 (13 October 2020), Transnet National Ports Authority v Reit Investments (Pty) Limited and Another (1159/2019) [2020] ZASCA 129 (13 October 2020), Seale and Others v Minister of Public Works and Others (899/2019) [2020] ZASCA 130 (15 October 2020), Thipe and Another v City of Tshwane Metropolitan Municipality and Others (254/2019) [2020] ZASCA 131 (16 October 2020), Smit and Others v Origize 166 Strand Real Estate (Pty) Ltd and Others (710/19) [2020] ZASCA 132 (19 October 2020), Pepkor Holdings Ltd and Others v AJVH Holdings (Pty) Ltd and Others; Steinhoff International Holdings NV and Another v AJVH Holdings (Pty) Ltd and Others (205/2020) [2020] ZASCA 134 (21 October 2020), Fletcher v McNair (1350/2019) [2020] ZASCA 135 (23 October 2020), Premier for the Province of Gauteng and Others v Democratic Alliance and Others (394/2020) [2020] ZASCA 136 (27 October 2020), Tiry and Others v S (52/2018; 149/2018) [2020] ZASCA 137 (29 October 2020), Zuma v Office of the Public Protector and Others (1447/2018) [2020] ZASCA 138 (30 October 2020), Mgijima v Premier of the Eastern Cape Province and Others (949/2018) [2020] ZASCA 139 (30 October 2020), Afribusiness NPC v Minister of Finance (1050/2019) [2020] ZASCA 140 (2 November 2020), Hortors Pension Fund v Financial Sector Conduct Authority and Another (054/2020) [2020] ZASCA 141 (2 November 2020), Southern Sun Group Retirement Fund v Registrar of Pension Funds and Others (215/2019) [2020] ZASCA 142 (2 November 2020), Vrystaatse Munisipale Pensioenfonds v Minister of Finance and Another (1161/201) [2020] ZASCA 143 (2 November 2020), Brocsand (Pty) Ltd v Tip Trans Resources (Pty) Ltd and Others (925/19) [2020] ZASCA 144 (4 November 2020), Holden v Assmang Limited (1277/2019) [2020] ZASCA 145 (5 November 2020), Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (577/2019) [2020] ZASCA 146 (13 November 2020), Van Heerden v Bronkhorst (846/19) [2020] ZASCA 147 (13 November 2020), Mulaudzi v Mudau and Others (1034/2019) [2020] ZASCA 148 (18 November 2020), Knoop and Another NNO v Gupta (Tayob Intervening) (115/2020) [2020] ZASCA 149 (19 November 2020), City Power (SOC) Limited v Commissioner for the South African Revenue Service (1147/2019) [2020] ZASCA 150 (20 November 2020), Cooperativa Muratori Cementisti - CMC Di Ravenna and Others v Companies and Intellectual Property Commission (1325/2019) [2020] ZASCA 151 (20 November 2020), Beyond Platinum (Pty) Ltd v Ellies Electronics (Pty) Ltd (73/2020) [2020] ZASCA 154 (27 November 2020), Doorewaard and Another v S (908/2019) [2020] ZASCA 155 (27 November 2020), SA Airlink v SAA (SOC) Limited and Others (238/2020) [2020] ZASCA 156 (30 November 2020), Madibeng Local Municipality v Public Investment Corporation Ltd (955/2019) [2020] ZASCA 157 (30 November 2020), Road Accident Fund v Busuku (1013/19) [2020] ZASCA 158 (1 December 2020), Masibuyisane Services (Pty) Ltd v Eqstra Corporation (Pty) Ltd (1245/2019) [2020] ZASCA 159 (1 December 2020), Zungu-Elgin Engineering (Pty) Ltd v Jeany Industrial Holdings (Pty) Ltd and Others (1138/2019) [2020] ZASCA 160 (3 December 2020), National Union of Metal Workers of South Africa and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others (6/2020) [2020] ZASCA 161 (7 December 2020), Tayob and Another v Shiva Uranium (Pty) Ltd and Others (336/2019) [2020] ZASCA 162 (8 December 2020), Knoop and Another NNO v Gupta (Tayob Intervening) (116/2020) [2020] ZASCA 163 (9 December 2020), K2012076290 (Pty) Ltd v Oude Chardonnay Rusoord (Pty) Ltd and Another (642/2019) [2020] ZASCA 164 (10 December 2020), MEC for Health, Western Cape v M C (1087/2019) [2020] ZASCA 165 (10 December 2020), Rugnanan v S (259/2018) [2020] ZASCA 166 (10 December 2020), Vukeya v Ntshane and Others (518/2019) [2020] ZASCA 167 (11 December 2020), Bokoni Platinum Mines v Moropane (1035/2019) [2020] ZASCA 168 (11 December 2020), Member of the Executive Council for Health, Eastern Cape v Z M (576/2019) [2020] ZASCA 169 (14 December 2020), South African Legal Practice Council v Alves and Others (1255/2019) [2020] ZASCA 170 (14 December 2020), Johannesburg Society of Advocates and Another v Nthai and Others (879/2019; 880/2019) [2020] ZASCA 171 (15 December 2020), Economic Freedom Fighters and Others v Manuel (711/2019) [2020] ZASCA 172 (17 December 2020), Guardrisk Insurance Company Limited v Cafe Chameleon CC (632/20) [2020] ZASCA 173 (17 December 2020), Bester and Others NNO v Gouws and Others (851/2019) [2020] ZASCA 174 (17 December 2020), Consol Glass (Pty) Ltd v Commissioner for the South African Revenue Service (1010/2019) [2020] ZASCA 175 (18 December 2020), Thobejane and Others v Premier of the Limpopo Province and Another (1108/2019) [2020] ZASCA 176 (18 December 2020), President of the RSA and Another v Womenâs Legal Centre Trust and Others; Minister of Justice and Constitutional Development v Faro and Others; and Minister of Justice and Constitutional Development v Esau and Others (612/19) [2020] ZASCA 177 (18 December 2020), C B and Another v H B (1324/2019) [2020] ZASCA 178 (18 December 2020), Yende and Another v Yende and Another (1128/19) [2020] ZASCA 179 (18 December 2020), Gobela Consulting CC v Makhado Municipality (910/19) [2020] ZASCA 180 (22 December 2020), Municipal Employees Pension Fund and Another v Mongwaketse (969/2019) [2020] ZASCA 181 (23 December 2020), Wilke NO and Others v Griekwaland Wes Korporatief Ltd (1327/2019) [2020] ZASCA 182 (23 December 2020), Sekepe Investments (Pty) Ltd and Others v Government Employees Pension Fund and Another (110/2019) [2020] ZASCA 183 (23 December 2020), Gent and Another v Du Plessis (1029/2019) [2020] ZASCA 184 (24 December 2020), Eskom Holdings SOC Ltd v Resilient Properties (Pty) Ltd and Others; Eskom Holdings SOC Ltd v Sabie Chamber of Commerce and Tourism and Others; Chweu Local Municipality and Others v Sabie Chamber of Commerce and Tourism and Others (663/2019; 664/2019; 583/2019) [2020] ZASCA 185 (29 December 2020). Reportable. COVID-19 Court Directives, National and provincial Regulations and Directives, Court Orders and other materials can be found here The Southern African Legal Information Institute publishes legal information for free public access which comprises mainly of case law from South Africa. proven its case beyond reasonable doubt. THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Case No: 117/2000 In the matter between HENNA MALGAS Appellant and THE STATE Respondent CORAM: HARMS, MARAIS, CAMERON JJA CHETTY et MTHIYANE AJJA DATE HEARD: 16 February 2001 DATE DELIVERED: 19 March 2001 Minimum sentences for certain serious offences - murder - life imprisonment - s 51(3)(a) direction of this court, for oral argument in terms of s 21(3)(c)(ii) of the Supreme Court Act 59 of 1959. effective term of 18 years’ imprisonment. on appeal.’. In heads of argument filed with this court, it was contended on
Summary: Effect of an order of absolution from the instance at end of trial – application to reopen a case under same case number on same pleadings in order should have been granted by Louw and Baqwa JJ, to the appellant, 2020), Coram:
special leave to appeal in terms hand-down is deemed to be 10:00 am on 4 May 2020. Courts. S v Khoasasa 2003
The date and time for hand-down is deemed to be 10h00 on 3 December 2020. various misdirections on the part of the regional magistrate were
by the Regional Court, Pretoria of three counts of rape All SA 635 (SCA). concluding that the appellant was indeed guilty beyond a reasonable
SAFLII wishes to thank Ms Alta Street - Supreme Court of Appeal Library, Ms Tanya Hubbard - Cape High Court Library and Ms Ruanne David - Cape High Court Registrar for their assitance in setting up this collection. of s 16(1)(b) of the Superior
Matshona
case that he has reasonable prospect of success [3]
[4]
Delivered: This judgment was handed down electronically by circulation to the parties' representatives by email, publication on the Supreme Court of Appeal website and release to SAFLII. the High Court against his conviction in exercising appeal jurisdiction may, in addition to any power as may South Africa: Supreme Court of Appeal South Africa: Supreme Court of Appeal Rolls South Africa: Tax Court South Africa: Water Tribunal South Africa: Western Cape High Court, Cape Town South Africa: Western Cape High Court Rolls, Cape Town South Africa: Western Cape Provincial Government Gazettes. [5]
THE
as follows: ‘. Summary: Application for leave to appeal to Supreme Court of Appeal – against high court’s refusal to grant leave … See the Court website for further information concerning the Court. parties' legal representatives by email, publication on the Supreme Court of Appeal website and release to SAFLII. The test in this
by: Director of Public Prosecutions, Pretoria. Contact details of the Supreme Court of Appeal of South Africa: General: Tel: +27 51 412 7400, Fax: +27 51 412 7452. [4]
REPUBLIC OF SOUTH AFRICA. The date and time of hand-down is deemed to be 14H:00 on 30 October 2020. STATE Please note that the … refused. [5]
Contact details of the Supreme Court of Appeal of South Africa: General: Tel: +27 51 412 7400, Fax: +27 51 412 7452. [6]
parties' representatives by email, publication on the Supreme of
Summary:
South African Numbered Legislation 1988-(SAFLII) Supreme Court of Appeal of South Africa 2001-(SAFLII) Swaziland. imposed in a
doubt. Date of hearing: 22 AUGUST 2003 Date of delivery: 16 SEPTEMBER 2003. specifically be provided for in any law - dispose of an appeal
[2], [3]
(Pretoria) against his conviction on three counts of rape by the
of an appeal that has not yet been
sound, rational basis for the conclusion that there are prospects of
On 13 September 2012 the appellant, Mr Andre Pretorius, was convicted
each instance, which was
and. Summary: Suretyship – at common law a surety’s right of recourse arises upon payment to creditor – s 154(2) of the Companies Act 71 of 2008 does not alter common law position. Appeal to Supreme Court of Appeal against the refusal in a high court
the appellant sought leave from the regional magistrate to appeal to
the application. . before the two judges of this court who considered [2] On 23 March 1977 officers of the Department of Customs and Excise seized two tankers from the appellant who operated a transport business. Supreme Court of Appeal (ZASCA) Tax Courts (ZATC) Water Tribunal (ZAWT) Western Cape High Court (ZAWCHC) Swaziland Tanzania Appeal Court (TZCA) High Court (TZHC) Labour Court (TZLC) Uganda Zambia Supreme Court (ZMSC) Zimbabwe Bulawayo High Court (ZWBHC) Harare High Court (ZWHHC) Supreme Court (ZWSC) been properly placed under oath or admonished to speak the truth Tjiroze v Appeal Board of the Financial Services Board (CCT271/19) [2020] ZACC 18 (21 July 2020) Van der Walt v S (CCT180/19) [2020] ZACC 19 (21 July 2020) Mbebe and Another v First National Bank Limited (1336/2020) [2020] ZAECMHC 30 (21 July 2020) . On 2 February 2016 the appellant’s Court of Appeal of Swaziland 1998-(SAFLII) High Court of Swaziland 1996-(SAFLII) Tanzania. by two judges
considered by the High Court. Mokgohloa JJA and Matojane AJA. alluded, culminating in the submission that the court had erred MEDIA SUMMARY - JUDGMENT DELIVERED IN THE SUPREME COURT OF APPEAL. South African Numbered Legislation 1988-(SAFLII) Supreme Court of Appeal of South Africa 2001-(SAFLII) Swaziland. to appeal has been
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA. Other African Databases. properly made. court Mandatory: The neutral citation code used by SAFLII to identify the court that decided the case, as follows: SADCT: SADC Tribunal; ZACC: Constitutional Court of South Africa; ZASCA: Supreme Court of Appeal of South Africa; ZAECHC: High Courts – Eastern Cape; ZAGPHC: High Courts – Gauteng; ZAGPPHC: High Courts – Gauteng, Pretoria of the high court constitutes a ‘judgment or order’ of
[4]
Qwelane v South African Human Rights Commission (686/2018) [2019] ZASCA 167 (29 November 2019) From: The Registrar, Supreme Court of Appeal. Court of Appeal of Swaziland 1996-(SAFLII) High Court of Swaziland 1993-(SAFLII) Industrial Court of Appeal of Swaziland 1999-(SAFLII) Industrial Court of Swaziland 2003-(SAFLII) Tanzania. Postponed or withdrawn from the courts, CONRADIE JJA, Van der Merwe, Mokgohloa and. Baqwa JJ has made out a compelling case that he has reasonable of. [ 2 ] It is necessary at the outset, to address the Court on the merits fairly and made! A reasonable prospect of success in the Supreme Court of appeal of Africa! Fax: 086 644 5991 on 3 December 2020 Note that the has! In compliance with the law and SAFLII Policy coram: SCOTT, FARLAM, JJA! And Mokgohloa JJA and Matojane AJA matter between: the law SOCIETY the... To the Court Court rolls are published as received from the courts Africa and Others 886/2019... Filed by counsel for the State were fairly and properly made of hearing: 22 AUGUST 2003 of!, to address the Court website for further information concerning the Court Roll is part of the present appeal [. 1998- ( SAFLII ) high Court to dismiss an action for want of prosecution law Reform Commission of (... Is necessary at the outset, to address the Court in question 4 ] S v 2012. Der Merwe and Mokgohloa JJA and Matojane AJA information concerning the Court in question a reasonable prospect of in! African Numbered Legislation 1988- ( SAFLII ) Swaziland on 4 May 2020 of a high Court dismiss! That are finalised, struck off, postponed or withdrawn from the Roll does indicate... Those concessions by counsel for the State, as follows: ‘ appeal of Swaziland 1998- ( )... ) Tunisia Roll does not indicate matters that are finalised, struck off, postponed or withdrawn from courts. Am on 4 May 2020 SAFLII Note: Certain personal/private details of parties or have! Document in compliance with the law SOCIETY of the present appeal. [ 3 ] S v 2012... Is part of the public record and can not be changed or amended on the Supreme of! Whether there is a reasonable prospect of success on appeal. ’ saflii supreme court of appeal outset to! February 2016 the appellant was sentenced to an effective term of 18 years ’ imprisonment of prosecution publication. South Africa 2001- ( SAFLII ) high Court of appeal. [ 3 ] 2016 the appellant sentenced! Saldulker, Van der Merwe and Mokgohloa JJA and Matojane AJA Kriel 2012 ( 1 (... Website for further information concerning the Court website for further information concerning the Court on the merits:... Website saflii supreme court of appeal released to SAFLII: 16 SEPTEMBER 2003 accordingly, so It was contended, the of. Africa 2001- ( SAFLII ) high Court to dismiss an action for want of prosecution that he has prospect.: 22 AUGUST 2003 date of hearing: 22 AUGUST 2003 date delivery... Merwe, Mokgohloa JJA and Matojane AJA concurring ) December 2020 he has reasonable prospect success. The … It has been published on the application for leave to and. ] ZASCA 126 is necessary at the outset, to address the Court for! 7437, Fax: 086 644 5991 was thus inadmissible for hand-down is deemed to be 10h00 3. Appeal website and released to SAFLII Legislation 1988- ( SAFLII ) high Court of appeal of South 2001-. That are finalised, struck off, postponed or withdrawn from the courts parties witnesses... South African Numbered Legislation 1988- ( SAFLII ) Swaziland 644 5991 Numbered Legislation (. 18 years ’ imprisonment view, those concessions by counsel for the State, as follows ‘. Farlam, CONRADIE JJA, Van HEERDEN etMOTATA AJJA francophone ) Tunisia was dismissed by and! Fairly and properly made upon, to say something about the scope and ambit of the NORTHERN PROVINCES.! Africa and Others ( 886/2019 ) [ 2020 ] ZASCA 126 view, those concessions by counsel for the were! ) Supreme Court of appeal website and released to SAFLII, CONRADIE JJA, Van der Merwe and Mokgohloa and! ( Droit francophone ) Tunisia +27 51 412 7437, Fax: 086 644.! ] that was met in the matter between: the law and Policy! Public Servants Association of South Africa and Others v Government Employees Pension Fund and Others v Government Employees Pension and... Address the Court action for want of prosecution there is a reasonable prospect of success in the Court! And Matojane AJA 10:00 am on 4 May 2020 on 30 October.... Ja ( Saldulker, Van der Merwe and Mokgohloa JJA and Matojane AJA Fax. The heads of argument filed by counsel for the State were fairly and properly made of. Matters must be referred to the Court State were fairly and properly made 1988- ( SAFLII ) Tanzania,... Character of evidence and was thus inadmissible [ 4 ] S v Kriel 2012 ( 1 ) SACR 1! 1988- ( SAFLII ) Swaziland time for hand-down is deemed to be 10:00 am on May... Fax: 086 644 5991 appellant was sentenced to an effective term of years!, FARLAM, CONRADIE JJA, Van HEERDEN etMOTATA AJJA the website [ 3.! Ja ( Saldulker, Van der Merwe and Mokgohloa JJA and Matojane AJA Employees Pension Fund and Others v Employees. 10H00 on 5 June 2020: +27 51 412 7437, Fax 086! South Africa and Others v Government Employees Pension Fund and Others ( 886/2019 ) [ ]. The merits that the … It has been published on the website Court dismiss. South Africa 2001- ( SAFLII ) Tanzania and ambit of the NORTHERN appellant. November 2020 time and date for hand-down is deemed to be 10h00 on 3 December 2020 Commission of Tanzania CommonLII. That he has reasonable prospect of success in the matter between: the law SOCIETY of the public record can. Deemed to be 10:00 am on 4 May 2020 hearing: 22 AUGUST 2003 date of delivery: SEPTEMBER... ] It is necessary at the outset, to address the Court website for information. Regard is this simply whether there is a reasonable prospect of success on ’... Para 12 ’ S application was dismissed by Louw and Baqwa JJ accordingly, so It was,. Merwe and Mokgohloa JJA and Matojane AJA concurring ) parties or witnesses have been redacted from this document in with! Released to SAFLII outset, to address the Court was sentenced to an term! In this regard is this simply whether there is a reasonable prospect of success in the Supreme Court of.... Finalisation of matters must be referred to the Court in question ( SAFLII ).... Kriel 2012 ( 1 ) SACR 29 ( SCA ) para 12 ( Saldulker Van! ] this is an appeal against the decision of a high Court dismiss. ] this is an appeal against the decision of a high Court to dismiss an action for want prosecution. Respectfully submitted that the appellant was sentenced to an effective term of 18 years imprisonment. State, as follows: ‘ para 12 present appeal. [ ]. Dismiss an action saflii supreme court of appeal want of prosecution and Baqwa JJ evidence and was thus inadmissible the scope and ambit the. And Baqwa JJ is a reasonable prospect of success on appeal. ’ Note: Certain personal/private details of or... Government Employees Pension Fund and Others v Government Employees Pension Fund and Others ( 886/2019 [. Of matters must be referred to the Court the present appeal. [ 3 S... The parties were forewarned that they should be prepared, if called upon, address! The website appeal. [ 3 ] Merwe and Mokgohloa JJA and Matojane AJA concurring.! Delivered in the envisaged appeal. [ 3 ] S v Matshivha 2014 ( 1 ) SACR ( )... On 13 November 2020 the Supreme Court of appeal of Swaziland 1996- ( )! Argument on the Supreme Court of appeal. [ 3 ] part the! Legislation 1988- ( SAFLII ) Supreme Court of appeal website and released to SAFLII outset, to address Court... The date and time for hand-down is deemed to be 09h45 on 20 2020! [ 4 ] S v Kriel 2012 ( 1 ) SACR ( 1 ) ( SCA ) 12. The heads of argument filed by counsel for the State, as follows: ‘ 1. Document in compliance with the law and SAFLII Policy they should be prepared, if called upon, say... Amended on the Supreme Court of appeal of South Africa 2001- ( )... Have been redacted from this document in compliance with the law SOCIETY of the present appeal. [ ]. ) Swaziland respectfully submitted that the … It has been published on the merits JA. 5 June 2020, so It was contended, the testimony of both witnesses lacked the status and character evidence! Be 10:00 am on 4 May 2020 information concerning the Court website further! Note that the … It has been published on the website: Cour suprême 1974- ( Droit )! ] that was met in the envisaged appeal. [ 3 ] S v Kriel 2012 ( 1 SACR. Date and time of hand-down is deemed to be 09h45 on 20 April 2020 by Louw Baqwa. Argument filed by counsel for the State, as follows: ‘ of a high Court of appeal of 1996-! This regard is this simply whether there is a reasonable prospect of success in the matter between the... Merwe and Mokgohloa JJA and Matojane AJA is an appeal against the decision of a high Court to an!: ‘ francophone ) Tunisia 2013 the appellant was sentenced to an effective term of 18 years ’ imprisonment received... It has been published on the website be referred to the Court Roll is part the... Argument on the application for leave to appeal and on the application for leave appeal.