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South African Court

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Recently Heard Cases


Hearing Date & Case Summary Make/Edit Predition My Prediction Crowd Prediction
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.
Make prediction You must be logged in to view this content 8 - 1 Appeal will be upheld
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.
Make prediction You must be logged in to view this content 7 - 2 Appeal will be upheld
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.
Make prediction You must be logged in to view this content 8 - 1 Appeal will be upheld
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.
Make prediction You must be logged in to view this content 7 - 2 Appeal will be upheld
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.
Make prediction You must be logged in to view this content 3 - 6 Appeal will be dismissed
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.
Make prediction You must be logged in to view this content 3 - 6 Appeal will be dismissed
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
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.
Make prediction You must be logged in to view this content 8 - 1 Appeal will be upheld
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
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.
Make prediction You must be logged in to view this content 3 - 6 Appeal will be dismissed
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.
Make prediction You must be logged in to view this content 7 - 2 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
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.
Make prediction You must be logged in to view this content 7 - 2 Appeal will be upheld
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.
Make prediction You must be logged in to view this content 7 - 2 Appeal will be upheld
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

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 5 - 1 Appeal will be upheld 10 - 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
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
0 pts