• Danielle Geldenhuys

Summaries of Constitutional Court and Supreme Court of Appeal Judgments: February 2022

Updated: Apr 9

Administrative Law

Civil Procedure

Constitutional Law

Criminal Law


Local Government


Intellectual Property

Public Protector

Administrative Law

Minister of Finance v Afribusiness NPC (CCT 279/20) [2022] ZACC 4 (16 February 2022)

Constitution, s 217 – Preferential Procurement Policy Framework Act 5 of 2000 – Preferential Procurement Regulations, 2017 – Minister acted ultra vires Preferential Procurement Policy Framework Act 5 of 2000 – Regulations invalid.


Civil Procedure

Deltamune (Pty) Ltd and Others v Tiger Brands Ltd and Others (847/2020) [2022] ZASCA 15 (4 February 2022)

Subpoenas duces tecum – Whether subpoenas issued against third parties relevant to underlying class action – Whether ambit of subpoenas too wide.


Constitutional Law

Speaker of the National Assembly v Public Protector and Others; Democratic Alliance v Public Protector and Others (CCT 257/21; CCT 259/21; CCT 257/21) [2022] ZACC 1 (4 February 2022)

Constitution, s 194 — Rules of National Assembly – Removal of Chapter 9 institution office-bearer – Separation of powers – Appointment of judge to independent panel – Procedural fairness – Rationality


South African Human Rights Commission obo South African Jewish Board of Deputies v Masuku and Another (CCT 14/19) [2022] ZACC 5 (16 February 2022)

Application for recusal – Reasonable apprehension of bias – Grounds for recusal not met – Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 – Hate speech – Subsidiarity.


Criminal Law

Khathide v S (840/2020) [2022] ZASCA 17 (14 February 2022)

Appeal against refusal of petition by High Court – Reasonable prospects of success on appeal against sentence on account of magistrate misdirecting himself in considering factors which were not contained in appellant’s plea of guilty – Leave to appeal to High Court granted.


Mawela and Another v S (377/2021) [2022] ZASCA 18 (16 February 2022)

Murder – Common purpose – Whether court correctly applied legal principle of dolus eventualis – Correct approach to Criminal Procedure Act 51 of 1977, s 204 witnesses – Whether State had proven common purpose against appellants – Whether State discharged onus of proving its case beyond reasonable doubt – Appeal against both convictions and sentences upheld – State’s cross-appeal dismissed.


Makhala and Another v S (438/20) [2022] ZASCA 19 (18 February 2022)

State witness recanting prior inconsistent statements – Constitutional rights of witness – Hearsay evidence – Admissibility of statements – Law of Evidence Amendment Act 45 of 1988, s 3(1) – Admissibility at common law – Declaration of witness as hostile – Accomplice evidence – Cautionary rule – Corroborative evidence – Burden of proof.


Manyaka v S (434/2020) [2022] ZASCA 21 (23 February 2022)

Condonation – Special leave to appeal in terms of Superior Courts Act 10 of 2013, s 16(1)(b) – Court of appeal entitled to consider new evidence in exceptional cases where circumstances have changed after conviction and sentence in terms of Criminal Procedure Act 51 of 1977, s 316(5).



National Education Health and Allied Workers Union v Minister of Public Service and Administration and Others; South African Democratic Teachers Union and Others v Department of Public Service and Administration and Others; Public Servants Association and Others v Minister of Public Service and Administration and Others; National Union of Public Service and Allied Workers Union v Minister of Public Service and Administration and Others (CCT 21/21, 28/21, 29/21, 44/21) [2022] ZACC 6 (28 February 2022)

Constitution, sections 213, 215 and 216 – Public Service Regulations, regulations 78 and 79 – collective bargaining.

Leave to appeal is granted – clause 3.3 of the collective agreement concerning public sector wage increase invalid and unlawful – appeal dismissed – no order as to costs.


Local Government

Municipal Manager OR Tambo District Municipality and Another v Ndabeni (CCT 45/21) [2022] ZACC 3 (14 February 2022)

Local Government Municipal Systems Act 32 of 2000, s 66(1), (3) and (5) – Nullity of court order – Court orders are binding until set aside.



Cash Paymaster Services (Pty) Ltd and Others v Freedom Under Law NPC and Others (CCT 48/17) [2022] ZACC 2 (11 February 2022)

Joinder – Direct and substantial interest – Such not shown – Variation of order – Provisional liquidators – Companies Act 61 of 1973, s 359(1)(a) – Company remains bound to comply with previous order despite fact that final liquidators not yet appointed.


Intellectual Property

LA Group (Pty) Ltd v Stable Brands (Pty) Ltd and Another (650/2020) [2022] ZASCA 20 (22 February 2022)

Trade marks – Whether marks liable to be removed from register – Lack of distinctiveness in terms of Trade Marks Act 194 of 1993, s 24 read with s 10(2)(a), (b) and (c) – Non-use for five years or longer under s 27(1)(b) – Registration without genuine intention to use coupled with non-use under s 27(1)(a) – Likelihood of confusion or deception arising from manner of use of mark under s 10(13).


Public Protector

Premier: Western Cape Province v Public Protector and Another (771/2020) [2022] ZASCA 16 (7 February 2022)

Review of findings and remedial action of Public Protector – Findings and decision of public protector materially influenced by errors of law – Findings and remedial action reviewed and set aside.


Date Published : 3 March 2022