Summaries of Constitutional Court and Supreme Court of Appeal Judgments: October 2021

Updated: Nov 9

Administrative Law


Civil Procedure







Financial Law

Gambling and Lotteries



Land and Property Law

Local Government

Maritime Law

Medical Law

Persons and Family Law

Safety and Security


Administrative Law

Auditor-General of SA v MEC for Economic Opportunities, Western Cape and Another (671/2020) [2021] ZASCA 133 (4 October 2021)

Accounting – Expenditure of department – Modified Cash Standard applicable in terms of National Treasury instruction under Public Finance Management Act 1 of 1999, s 76 – No principal-agent relationships between department and payees – Payments correctly classified in financial statements as transfers – Promotion of Administrative Justice Act 3 of 2000 – Not applicable to exercise of functions of Auditor-General under the Constitution and Public Audit Act 25 of 2004.


Eskom Holdings Ltd v Joint Venture of Edison Jehano (Pty) Ltd and KEC International Ltd and Others (177/2020) [2021] ZASCA 138 (6 October 2021)

Review of arbitral award – Principle of party autonomy confirmed – Interpretation of ‘gross irregularity’ and ‘exceeding powers’ under Arbitration Act 42 of 1965, s 133 affirmed.

Civil Procedure

Bassani Mining (Pty) Ltd v Sebosat (Pty) Ltd and Others (835/2020) [2021] ZASCA 126 (29 September 2021)

Common law remedy – Anti-dissipation interdict – Whether it was requirement for anti-dissipation interdict for applicant to prove that dispositions were made with intention of thwarting applicant’s pending damages claim or whether there were exceptional circumstances where lesser threshold applied – Whether appellant satisfied requirements of interim anti-dissipation interdict – Foundational requirements of interim interdict not met – Appeal dismissed.

Jacobs v Minister of Justice and Correctional Services (431/2020) [2021] ZASCA 151 (27 October 2021)

Absolution from instance – Claim that responsible Minister liable in delict for decision by Parole Board to release prisoner on parole who later attempts to sexually assault plaintiff – Whether evidence led at trial could sustain claim – Whether test for absolution from instance correctly applied.

Kgatla v Mashala (382/20) [2021] ZASCA 154 (29 October 2021)

Application for special leave to appeal – Dispute regarding complaint that applicant had erected fence and off-loaded building material on stand allocated to respondent by traditional council – Whether full bench was correct to grant interdict – Whether right to occupy stand threatened – No real dispute of fact – No special circumstances – Dismissed.