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Recently Heard Cases


Hearing Date & Case Summary Make/Edit Predition My Prediction Crowd Prediction
16 Aug 2018 - The Competition Commission of South Africa versus Hosken Consolidated Investments and Another CCT 296/17
Summary - The applicant applies for leave to appeal against the judgment and order of the Competition Appeal Court in which the Respondent will increase its shareholding in Tsogo to more than 50% and will consolidate all of its gaming interests under Tsogo Sun Holdings Ltd and does not require approval by the competition authorities in terms of the merger control provisions of the Competition Act.
Make prediction You must be logged in to view this content 0 - 9 Appeal will be dismissed
23 Aug 2018 - Aquila Steel (S Africa) (Pty) Ltd versus The Minister of Mineral Resources and Others CCT 08/18
Summary - The applicant applies for leave to appeal against the judgment and order of the Supreme Court of Appeal on the basis that it implicates various constitutional issues such as, questions as to the appropriate standard of judicial review; the effects of declarations of constitutional invalidity and remedial powers of review, under the Promotion of Administration of Justice Act and the Constitution; the scope of the Oudekraal principle; the proper, purposive and constitutionally-compliant interpretation of the Mineral and Petroleum Resources Development Act and Regulations, and the effect of the re-registration of a company on lapsed prospecting rights and the vested rights of third parties.
Make prediction You must be logged in to view this content 6 - 3 Appeal will be upheld
30 Aug 2018 - Law Society of South Africa and Others versus The President of the Republic of South Africa and Others CCT 67/18
Summary - The applicants apply to the court for the President of the Republic of South Africa’s participation in suspending the Southern African Development Community (SADC) Tribunal and his subsequent signing of the 2014 Protocol on the SADC Tribunal to be declared unlawful, irrational, and thus, unconstitutional.
Make prediction You must be logged in to view this content 8 - 1 Appeal will be upheld
04 Sep 2018 - Buffalo City Metropolitan Municipality versus Alsa Construction (Pty) Ltd CCT 91/17
Summary - An appeal based on the “validation” of a contract or contracts concluded between the applicant and the respondent without there having been compliance with the constitutional prescripts contained in Section 217 of the Constitution and the statutory requirements binding upon the applicant to procure goods and services in accordance with a lawful procedure.
Make prediction You must be logged in to view this content 1 - 8 Appeal will be dismissed
13 Sep 2018 - Gelyke Kanse and Others versus Chairman of The Senate of The University of Stellenbosch and Others CCT 311/17
Summary - An appeal against the dismissal of an application brought by the applicants against the University of Stellenbosch to have reviewed and set aside the decisions of its Senate and Council to adopt the New Language Policy (NLP), and the NLP itself, concerning the equality status of Afrikaans and English, as primary languages of instruction, and substituted by a policy which only has a 100% English offering and devaluing Afrikaans in the process.
Make prediction You must be logged in to view this content 1 - 8 Appeal will be dismissed
01 Nov 2018 - Alex Ruta versus Minister of Home Affairs CCT 02/18
Summary - Leave to appeal is concerned primarily with the interpretation of Section 4(1)(b) of the Refugees Act and, with whether a person who has been found to commit offences prescribed in the provision is entitled to apply for asylum in terms of the Act.
Make prediction You must be logged in to view this content 2 - 7 Appeal will be dismissed
06 Nov 2018 - Thirien Naidoo versus Absa Bank Limited and Others CCT 39/18
Summary - The issues to consider are whether a court order is considered to be a credit agreement and if so, does ABSA have to comply with Section 129 of the National Credit Act. Furthermore, whether a judicial oversight is necessary before a writ is issued in terms of Section 46(1) of the Uniform Rules before ABSA could sell property after an alleged breach by Naidoo.
Make prediction You must be logged in to view this content 7 - 2 Appeal will be upheld
08 Nov 2018 - Oupa Chipane Phaahla versus Minister of Justice and Correctional Services and Another CCT 44/18
Summary - An application for an order of the Full Bench of the North Gauteng High Court be confirmed in terms of Section 172(2)(d) of the Constitution. The order was that the Applicant enjoy the benefit of the parole regime applicable to those sentenced prior to 1 October 2004. Namely, entitlement to be considered for day parole or parole after serving 20 years of the sentence, compared to the amendment of 25 years.
Make prediction You must be logged in to view this content 9 - 0 Appeal will be upheld
13 Nov 2018 - Ndishavhelafhi Thomas Nekokwane versus Road Accident Fund CCT 322/17
Summary - The issue for determination involves the interpretation of Section 20(1) and (2) of the Road Accident Fund Act. Whether the High Court erred in adopting the meaning of “while it moves from that place as a result of gravity” to mean that the tyres must have rolled from its stationary position.
Make prediction You must be logged in to view this content 1 - 8 Appeal will be dismissed
14 Nov 2018 - Karin Steenkamp & 1817 Others versus Edcon Limited CCT 29/18
Summary - The grounds of appeal are based on the Applicant’s abandonment of an unfair dismissal claim, which is claimed that it ought to be seen in the light of what the court a quo termed the Applicant’s “failed legal strategy”.
Make prediction You must be logged in to view this content 2 - 7 Appeal will be dismissed
15 Nov 2018 - Bryan James De Klerk versus Minister of Police CCT 95/18
Summary - Leave to appeal against a decision made by the Supreme Court of Appeal insofar as it refused to hold the Minister of Police liable for the Applicant’s entire period of detention, consequent to his unlawful arrest. The Applicant was compensated for 2 hours and submits that’s the majority erred in not compensating him for the entire period of detention, being 8 days.
Make prediction You must be logged in to view this content 8 - 1 Appeal will be upheld
20 Nov 2018 - Road Traffic Management Corporation versus Waymark Infotech (Pty) Limited CCT 73/18
Summary - The application concerns whether an agreement concluded by the parties without ministerial authorisation constitutes a “future financial commitment” that falls within the ambit of Section 66 of the Public Finance Management Act (“PFMA”) and if it does, whether this has the consequence – as envisaged by Section 68 of the PFMA – that the Road Traffic Management Corporation Act is not bound by this agreement.
Make prediction You must be logged in to view this content 7 - 2 Appeal will be upheld
21 Nov 2018 - Buffalo City Metropolitan Municipality versus Metgovis (Pty) Limited CCT 78/18
Summary - The central issue for determination is whether the Court a quo did not misapply South African law on conclusion of a tacit contract involving the Applicant, an organ of State, on procurement of a service provider, when it found that “Where a response has been requested from a party and that party has failed to respond, a tacit contract may be inferred, when according to ordinary commercial practice and human expectation firm repudiation of such assertion would be the norm if it was not accepted”.
Make prediction You must be logged in to view this content 7 - 2 Appeal will be upheld
22 Nov 2018 - Competition Commission versus Media 24 (Pty) Limited CCT 90/18
Summary - The matter arises from the Competition Appeal Court’s interpretation of Section 8(c) of the Competition Act. It is argued that Section 8(c) is a “catch-all” provision for exclusionary abuses.
Make prediction You must be logged in to view this content 1 - 8 Appeal will be dismissed
27 Nov 2018 - Public Protector versus South African Reserve Bank CCT 107/18
Summary - An application by the Public Protector for direct access to set aside or alternatively leave to appeal against a portion of a judgment that held that there is a reasonable apprehension that the Public Protector was biased; and does not fully understand her constitutional duty to be impartial and to perform her functions without fear, favour or prejudice.
Make prediction You must be logged in to view this content 1 - 8 Appeal will be dismissed
29 Nov 2018 - Freedom of Religion South Africa versus Minister of Justice and Constitutional Development CCT 320/17
Summary - An application on the constitutionality of the declaration that the common law defence of moderate and reasonable chastisement is unconstitutional.
Make prediction You must be logged in to view this content 2 - 7 Appeal will be dismissed

Recently Decided Cases


Hearing Date & Case Summary My Prediction Crowd Prediction Outcome My Points
08 May 2018 - Mosalasuping Phillip Morudi and Others versus NC Housing Services & Development CO Ltd and Others CCT 270/17
Summary - An appeal against an order of the Northern Cape Division of the High Court, Kimberley, on the basis that the Court erred in the exercise of its discretion in refusing an application for rescission of judgment on just and equitable grounds on the basis that no bona fide defence had been established and that the applicants for rescission had not established a direct and substantial interest in the matter.
You must be logged in to view this content 1 - 5 Appeal will be dismissed 6 - 0 Appeal upheld 0 pts
10 May 2018 - Adriaan Stephanus Botes versus The State CCT 220/17
Summary - An appeal based on the failure of the Court a quo to inform the applicant of the minimum sentence and infringing on the Applicant’s right to a fair trial in terms of Section 35 of the Constitution on the basis that, if the Appellant had been so informed, he would have been moved to consider pleading guilty or entering into a plea agreement with the State for a lighter sentence.
You must be logged in to view this content 6 - 0 Appeal will be upheld 0 - 10 Appeal dismissed 0 pts
10 May 2018 - Moses Tshoga versus The State CCT 122/17
Summary - An appeal against a sentence of life imprisonment that was imposed after the appellant was convicted of the rape of a ten-year-old girl on the grounds that the charge sheet did not contain a warning that, upon conviction, the appellant could be liable for a minimum sentence of life imprisonment, thereby infringing the appellants right to a fair trial.
You must be logged in to view this content 2 - 4 Appeal will be dismissed 0 - 10 Appeal dismissed 0 pts
10 May 2018 - Johannes September versus The State CCT 298/17
Summary - An appeal against a sentence of life imprisonment that was imposed after the appellant was convicted of murder, three counts of attempted murder and robbery with aggravating circumstances on the grounds of general public importance as contemplated in the amended section 167(3) of the Constitution.
You must be logged in to view this content 0 - 6 Appeal will be dismissed 0 - 10 Appeal dismissed 0 pts
15 May 2018 - Tashriq Ahmed and Others versus Minister of Home Affairs and Others CCT 273/17
Summary - Whether Directive 21 of 2015 of the Department of Home Affairs, in terms of which the holders of an asylum seeker permit in terms of Section 22 of the Refugees Act 130 of 1998 are prohibited, whilst they are within the borders of the Republic, to apply for a visa in terms of the Immigration Act 13 of 2002, is unconstitutional.
You must be logged in to view this content 4 - 2 Appeal will be upheld 10 - 0 Appeal upheld 0 pts
17 May 2018 - Matshabelle Mary Rahube versus Hendsrine Rahube and Others CCT 319/17
Summary - Whether section 2(1) of the Upgrading of Land Tenure Rights Act 112 of 1991 is unconstitutional insofar as it automatically converts holders of land tenure rights into owners of property without providing affected parties with an opportunity to make submissions to an appropriately established forum.
You must be logged in to view this content 5 - 0 Appeal will be upheld 9 - 0 Appeal upheld 0 pts
22 May 2018 - Airports Company South Africa versus Big Five Duty Free (Pty) Limited and Others CCT 257/17
Summary - Whether private parties disputing the validity of a public tender can settle the matter privately in a manner that overturns a court’s previous declaration of invalidity.
You must be logged in to view this content 0 - 5 Appeal will be dismissed 1 - 8 Appeal dismissed 0 pts
24 May 2018 - Grace Masele (MPANE) Maledu and Others versus Itereleng Bakgatla Mineral Resources (Pty) Limited and Another CCT 265/17
Summary - An appeal against the eviction of 13 families occupying land in the North West Province whose families have been farming the land since 1919 on the basis that the mining rights and surface lease agreement granted to the respondents were invalid and that the court a quo had erred in holding that a Traditional Council could relinquish the occupants rights to that land.
You must be logged in to view this content 5 - 1 Appeal will be upheld 9 - 0 Appeal upheld 0 pts
29 May 2018 - South African Commercial Catering and Allied Workers Union and Another versus Woolworths (Pty) Limited CCT 275/17
Summary - An appeal against the fairness of certain dismissals for operational requirements in terms of Section 189A of the Labour Relations Act 66 of 1995 on the basis that the dismissals violated section 187(1) of the Labour Relations Act in that the true purpose of the dismissals was to compel workers to accept lower wages and other benefits and to circumvent the process of collective bargaining.
You must be logged in to view this content 5 - 1 Appeal will be upheld 10 - 0 Appeal upheld 0 pts
31 May 2018 - Duncanmec (Pty) Limited versus J Gaylard N.O and Others CCT 284/17
Summary - Whether the singing of historical struggle songs in the workplace that refer to the killing or harming of white persons should be regarded as hate speech justifying dismissal or protected speech.
You must be logged in to view this content 4 - 2 Appeal will be upheld 0 - 6 Appeal dismissed 0 pts
02 Aug 2018 - Sithembile Valencia Mkhize N.O versus Premier of the Province of Kwazulu-Natal and Others CCT 285/17
Summary - An appeal against the dismissal of an application by the widow and executrix of a deposed Inkosi to be substituted for her deceased husband in a claim for reinstatement as Inkosi and for recovery of lost salary.
You must be logged in to view this content 5 - 1 Appeal will be upheld 10 - 0 Appeal upheld 0 pts
07 Aug 2018 - Riaan Mogamat Amardien and Others versus Registrar of Deeds and Others CCT 212/17
Summary - Whether a notice in terms of section 129(1) of the National Credit Act must indicate the amount that a creditor alleges is owed by the debtor and whether a seller of land who delays registration of an installment sale in terms of section 19 of the Alienation of Land Act may cancel the agreement demand full payment when the agreement is belatedly registered.
You must be logged in to view this content 2 - 4 Appeal will be dismissed 10 - 0 Appeal upheld 0 pts
14 Aug 2018 - BNH versus SPH CCT 146/17
Summary - An appeal based on sub-section 7(3) of the Divorce Act, as it currently reads, is declared unconstitutional to the extent that it does not allow a spouse married out of community of property without having entered into an antenuptial contract (as contemplated in the now repealed Section 39 of the Transkei Marriage) the right to claim a redistribution of property on divorce.
You must be logged in to view this content 2 - 4 Appeal will be dismissed 9 - 0 Appeal upheld 0 pts
21 Aug 2018 - Phumeza Mlungwana and Others versus The State and Another CCT 32/18
Summary - The applicants apply for an order confirming the Western Cape High Court’s decision in Mlungwana and Others v S in that Section 12(1)(a) of the Regulation of Gatherings Act which criminalises convening an assembly of more than 15 people without prior notice to a municipality is unconstitutional and invalid.
You must be logged in to view this content 5 - 0 Appeal will be upheld 9 - 0 Appeal upheld 0 pts
28 Aug 2018 - eThekwini Municipality versus Mounthaven (Pty) Ltd CCT 05/18
Summary - The applicant applies for leave to appeal against the judgment and order of the Supreme Court of Appeal regarding a claim for whether the re-transfer of property from Mounthaven to the Municipality constituted a “debt” as contemplated in Chapter III of the Prescription Act. If it did, the Municipality would be precluded from re-claiming the property from Mounthaven. The Supreme Court of Appeal found that the right to claim re-transfer in this case was a personal right which had prescribed, and dismissed the appeal.
You must be logged in to view this content 2 - 4 Appeal will be dismissed 0 - 10 Appeal dismissed 0 pts
29 Aug 2018 - Electoral Commission of South Africa versus The Speaker of the National Assembly and Others CCT 55/16
Summary - An application for an extension of the suspension of a declaration of invalidity that the Constitutional Court made in 2016 from 30 June 2018 to be extended to 29 November 2019 - after next year's national and provincial elections. At issue is whether the Electoral Commission should be required to collect details of complete addresses of all registered voters in South Africa.
You must be logged in to view this content 4 - 1 Appeal will be upheld 7 - 2 Appeal upheld 0 pts
06 Sep 2018 - Ludwig Wilhelm Diener N.Os versus Minister of Justice and Others CCT 03/18
Summary - The legal issue is the interpretation of Sections 143(5) and 135(4) of the Companies Act, which affects the success of business rescue in South Africa and concerns the status of the remuneration and expenses of Business Rescue Practitioners and the effect thereof on security of creditors.
You must be logged in to view this content 5 - 1 Appeal will be upheld 0 - 10 Appeal dismissed 0 pts
11 Sep 2018 - South African Veterinary Association versus Speaker of the National Assembly and Others CCT 27/18
Summary - An application to declare that Parliament has failed to comply with its constitutional obligation to facilitate public involvement before passing the Medicines and Related Substances Amendment Act as required by Section 59(1)(a) and Section 72(1)(a) of the Constitution, by inserting the word “veterinarian” into Section 22C(1)(a). The Act was adopted in a manner that was inconsistent with the Constitution and is therefore declared invalid.
You must be logged in to view this content 5 - 1 Appeal will be upheld 10 - 0 Appeal upheld 0 pts
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