Examples of Supreme Court of Appeal in a sentence
With reference to the judgment of the Supreme Court of Appeal case number 937/2012 Dr JS Moroka Municipality vs.
There shall be no courts established of superior or concurrent jurisdiction with the Supreme Court of Appeal or High Court.
The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, a High Court, or a court of similar status, before that order has any force.
The appellant then brought an appeal confined to the claim for damages for breach of contract against the finding of the full bench, to the Supreme Court of Appeal.
The chairperson was of the opinion that he was not allowed a discretion in the matter and based his decision on the decision of the Labour Court in Mosena v The Premier: Northern Province (2005 2 BLLR 173 174 (SCA)).The employer took the decision of the High Court to the Supreme Court of Appeal relying on the express provisions of the disciplinary code.Clause 2 of the disciplinary code provided that the code and procedure are guidelines and may be departed from in appropriate circumstances.
The Supreme Court of Appeal referred the matter back to the chairperson with certain guidelines to consider in exercising his discretion in order to decide whether it would constitute unfair proceedings should a legal practitioner not be allowed to represent the employee.
In Pillay v Shaik (2009 4 SA 74 (SCA)), the Supreme Court of Appeal was confronted with a situation which tends to feature in the law reports more frequently than one would expect, and that is where a party to a transaction involving the sale of immovable property reneges on an apparent agreement by invoking some form of technicality (in casu the lack of a signature on a contractual document) as a bar to the proper conclusion of the contract.
Thereafter, the matter was heard on appeal before a full bench of the Natal Provincial Division, with the final appeal coming before the Supreme Court of Appeal.
A Justice of the Supreme Court of Appeal may only be appointed in accordance with section 111.
The Natal Provincial Division (Shaik v Pillay 2008 3 SA 59 (N)) found that contractual liability did not lie for want of compliance with a party-imposed signature formality, whereas the Supreme Court of Appeal applied the reliance theory to reach the opposite conclusion in the circumstances.