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Topic: Supreme Court of Appeal of South Africa

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	Supreme Court of Appeal of South Africa - Wikipedia, the free encyclopedia
		The South African Supreme Court of Appeal is the South African court which has the final say on all matters, except those that involve the constitution.
		The Supreme Court of Appeal used to be called âThe Appellate Division,â as it only hears cases on appeal.
		The President of the Supreme Court of Appeal is the Honourable CT Howie and the Deputy President is the Honourable L Mpati.
	en.wikipedia.org /wiki/Supreme_Court_of_Appeal_of_South_Africa (194 words)

	Appeal Court Cases In South Africa - The best court products, sites and information on the web today! (Site not responding. Last check: 2007-11-06)
		Constitution of South Africa was certified by the Constitutional Court on 4...
		Supreme Court of Appeal is the highest court for nonconstitutional matters.
		South Africa ratified the Protocol to the African Charter on the establishment of the African Court...
	court.goodwebdir.com /index.php?k=appeal-court-cases-in-south-africa (1247 words)

	South Africa: AIDS Denialism Speech
		Edwin Cameron is a judge of the Supreme Court of Appeal in South Africa.
		Even though the medical issues were undisputed on appeal, the court went out of its way, in a pointed exercise in public education and affirmation, to set out in detail the uncontested scientific evidence that HIV is the cause of Aids.
		Its refusal, as documented in its court papers and in argument on its behalf before the high court and Constitutional Court, was based in large measure on the alleged toxicity of the drugs - a tenet central to the entire conspiratorialist theory of the Aids denialists.
	www.africaaction.org /docs03/cam0305.htm (2465 words)

	Lesbian marriage gets the nod
		The court, in a majority decision, declared that under the Constitution the common law concept of marriage was to be developed to embrace same-sex partners.
		The court also declared that the intended marriage between Fourie and Bonthuys was capable of lawful recognition as a legally valid marriage, provided the formalities in the Marriage Act of 1961 were complied with.
		However, he felt that the court's decision be suspended for a period to allow parliament to deal with the matter in such a way as to bring an end to the "unjustifiable breach of the appellants' rights to equality and human dignity".
	www.news24.com /News24/South_Africa/News/0,,2-7-1442_1628956,00.html (384 words)

	Constitutional Court of South Africa - The Court
		The Supreme Court of Appeal, which used to be known as the Appellate Division, sits in Bloemfontein and is the highest court in respect of all other matters.
		Decisions of the Supreme Court of Appeal are binding on all lesser courts and the decisions of the High Courts (which used to be known as the Supreme Courts) are binding on Magistrates' Courts within their areas.
		In fact, the Constitutional Court, in the case of Carmichele v Minister of Safety and Security and another, held that the courts are "under a general duty to develop the common law when it deviates from the objectives of the country's Bill of Rights".
	www.constitutionalcourt.org.za /site/thecourt/role.htm (2095 words)

	GMax - News: South Africa to appeal against gay marriage court ruling
		JOHANNESBURG — South Africa will appeal against a ruling by one of the country's top courts to allow gay marriage so that parliament has time to debate the issue, the government said.
		The department of home affairs said it had decided to appeal to the Constitutional Court — the highest court in the land — to block the earlier ruling to allow time for a full debate in parliament and at cabinet level.
		South Africa was the first country in the world to enshrine gay rights in its constitution, which was rewritten after the fall of apartheid in 1994.
	www.gmax.co.za /look04/12/23-SAmarry.html (268 words)

	WorldLII: WorldLII Databases
		Supreme Court of New South Wales - Court of Appeal Decisions 1999- (AustLII)
		Supreme Court of New South Wales Decisions 1995- (AustLII)
		Supreme Court of Newfoundland and Labrador - Appeal Division (CanLII)
	www.worldlii.org /databases.html (1641 words)

	South Africa - Appeal Upholds McDonald's Trademarks
		The court held that, in order for a mark to be "well-known", within the meaning of the new Trade Marks Act, the trademark owner need not actually use the mark in South Africa, nor must the mark be known to all ethnic groups at all economic levels, as the lower court had reasoned.
		Instead, the court held that it is sufficient that the mark had become well-known, even through means other than actual use, to those interested in the particular goods or services at issue, and that such persons would be confused by the unauthorized use by third parties.
		However, the court's reluctance to entertain the merits of the non-use issue, still leaves open certain questions regarding the vulnerability of well-known, but unused, trademark registrations in South Africa that will undoubtedly need to be addressed in future litigation.
	ladas.com /BULLETINS/1997/0797Bulletin/SouthAfrica_McDonaldsTMs.html (455 words)

	afrol News - South Africa govt to appeal gay marriage ruling
		South Africa's Supreme Court of Appeal on 30 November had announced a landmark judgement, saying that the Marriage Act was unconstitutional due to its discrimination of same sex couples.
		South African lawmakers were urged to reform this legislation to allow for marriages of gay and lesbian couples.
		The court dismissed their application, referring to the Marriage Act, but the Supreme Court of Appeal agreed the couple had a constitutional right to marry.
	www.afrol.com /printable_article/15099 (635 words)

	The Courts in South Africa
		The High Court divisions have “jurisdiction” – the right to hear a case – over defined geographical areas in which they are situated, and the decisions of the High Courts are binding on magistrate’s courts within their areas of jurisdiction.
		Once the Superior Courts Bill is passed, there will be a division of the High Court in each of the nine provinces with a name matching that of the province, with some provinces have more than one “seat”.
		Appeals go to the Supreme Court of Appeal unless the appeal is on a constitutional question, in which case they go to the Constitutional Court.
	www.capegateway.gov.za /afr/pubs/public_info/C/32303/E (1811 words)

	Unreported Judgements: Appeal
		The appeal court stated that it was unfortunate that the legislature used the words ‘security’ and ‘undertaking’ without drawing a distinction between ‘security’, personal security in the form of a third party’s undertaking and an undertaking made by a debtor.
		The court a quo agreed with the submissions of the respondent that the arrest of the appellant’s vessel was deemed to be continuing.
		Appeal from the decision of Thring J in the Cape Provincial Division in which application to set aside arrest of the vessel was refused.
	www.uctshiplaw.com /unrepapp.htm (4721 words)

	Constitution of South Africa Amendment Bill and Promotion of National Unity and Reconciliation Amendment Bill: briefing ... (Site not responding. Last check: 2007-11-06)
		The 1996 severed the Appellate Division from the Supreme Court of South Africa and created the Supreme Court of Appeal, as a loose-standing unit which was the final court of appeal in all matters except constitutional matters.
		Mr de Lange stated that the second problem arose with the jurisdiction of the Labour Appeal Court, because the Constitution itself stipulated that the Supreme Court of Appeal was the highest court in the Republic on all matters except constitutional matters.
		The Judge President of the Labour Court and Labour Appeal Court was thus having trouble in appointing Labour Court judges.
	www.pmg.org.za /viewminute.php?id=3279 (4191 words)

	WorldLII: WorldLII Databases (Site not responding. Last check: 2007-11-06)
		Supreme Court of the Northern Territory - Court of Appeal Decisions 2000- (AustLII)
		Supreme Court of the Northern Territory - Court of Criminal Appeal Decisions 2000- (AustLII)
		Yukon Court of Appeal of the Territory (CanLII)
	bar.austlii.edu.au /cgi-dev/browse.pl?type=cases (1403 words)

	South Africa Court Grants Appeal for Casino License Case
		As previously reported, on October 20, 2003, a judgment had been handed down by the High Court of South Africa compelling the GGB to award a casino license to Silverstar for the western periphery of metropolitan Johannesburg.
		The GGB's application for leave to appeal that October 20, 2003 judgment was initially denied by Mr.
		Through its South African subsidiaries, Century is contracted to Silverstar by a long-term resort management agreement and retains a right of long standing to take up a minority equity interest in the venture although its final level of equity interest remains to be determined.
	www.casinocitytimes.com /news/article.cfm?contentID=140783 (266 words)

	O U C L J
		He was appointed to the Supreme Court of Victoria in 1992, and then became a foundation Judge of the Court of Appeal of Victoria in 1995.
		She established the Maharashtra Family Courts, was the first Chairperson of the Board of Visitors of the Judicial Officers' Training Institute at Nagpur, and was the Vice President of the Maharashtra State Legal Aid and Advisory Board.
		After spending a year as a judge of the Court of First Instance in 1999, he was appointed a Justice of Appeal in the Hong Kong Court of Appeal in 2000 and, in the same year, was further appointed to the Hong Kong Court of Final Appeal.
	users.ox.ac.uk /~ouclj/patrons.html (1211 words)

	Case Law, Labour Case Law - South Africa (Site not responding. Last check: 2007-11-06)
		It was, as the Constitutional Court said of the later Act, “important social legislation which has a significant impact on the sensitive and intricate relationship among employers, employees and society at large” — per Yacoob J in Jooste v Score Supermarket Trading (Pty) Ltd 1999(2) SA 1 (CC) at 9B.
		However, in s 8(1) (the forerunner of s 36 of the 1993 Act) it provided that where a person other than his employer was liable for his injury at common law (the “third party” of today) he could both claim compensation from the commissioner and sue that other for damages.
		In the end the case is a `relatively straightforward one, but the appellants have already lost in one court and the principle involved is of undoubted importance.
	www.caselaw.co.za /viewresult.asp?SearchID=56810 (2570 words)

	Anglican Communion News Service (Site not responding. Last check: 2007-11-06)
		Statement from the Anglican Church on Marriage and Same-Sex Relationships in the light of the decision of the Supreme Court of Appeal of South Africa in Bloemfontein, 30 November 2004
		As we understand the decision of the Appeal Court, its effect is to extend the common-law concept of marriage to include same-sex partners, and provide them with the same legal protections as marriage partners enjoy.
		In South Africa, this basis of operation is clearly accepted and protected by the Marriage Act.
	www.anglicancommunion.org /acns/articles/39/75/acns3976.cfm (776 words)

	Appeal Court Cases In South African - The best court products, sites and information on the web today! (Site not responding. Last check: 2007-11-06)
		South African Constitutional Court cases (1995 onwards) at http://www.concourt.gov.za; the Supreme Court of Appeal (from...
		Appeal court rules that South African state is liable for airport theft.
		In 1999 the court of appeal ruled the cases should be heard in South Africa, but last...
	court.goodwebdir.com /index.php?k=appeal-court-cases-in-south-african (1360 words)

	News & Politics (Site not responding. Last check: 2007-11-06)
		The South Africa Supreme Court of Appeal ruled 4-1 on Tuesday in favor of ending the exclusion of same-sex couples from marriage rights.
		The court's decision only affected common-law marriage, and did not legalize same-sex marriage outright, but it was hailed as a major step forward by gay activists.
		South Africa's post-apartheid constitution, considered one of the most liberal in the world, includes a clause making discrimination based on sexual identity illegal.
	www.planetout.com /news/article.html?2004/11/30/1 (390 words)

	UN Researcher at Monash, Research at Monash, Monash South Africa (Site not responding. Last check: 2007-11-06)
		He added that CLARISA was indeed fortunate to be a part of Monash South Africa, a university that does not have any baggage on this continent.
		Monash South Africa is registered with the Department of Education as a private higher education institution under the Higher Education Act of 1997.
		Monash South Africa is a not-for-gain association incorporated under Section 21 of the Companies Act, registration number 1999/021985/08, and is wholly owned by Monash University, a public university, incorporated by an Act of Parliament in Victoria, Australia.
	www.monash.ac.za /research/un.html (460 words)

	REPUBLIC OF SOUTH AFRICA
		(d) an appeal against a decision of a court of a status similar to the High Court shall lie to the Supreme Court of Appeal upon leave having being granted by that court or the Supreme Court of Appeal and the provisions of section 15 apply with the necessary changes.
		of the High Court of South Africa, and the area of jurisdiction of each of those courts becomes the area of jurisdiction or part of the area of jurisdiction, as the case may be, of the Division in question.
		The rules applicable to the Superior Courts, the Labour Court and the Labour Appeal Court immediately before the commencement of this Act remain in force to the extent that it is not inconsistent with this Act, until repealed or amended by a competent authority.
	www.pmg.org.za /bills/030728superior.htm (9757 words)

	Implats online
		In the judgement handed down on 28 March 2000 the Supreme Court of Appeal has upheld the judgement delivered in the Witwatersrand Local Division of the High Court of South Africa in March 1998.
		The effect of this most recent judgement is that a decision in October 1995 of the then Chief Executives of the Gencor group and Lonrho Plc (that the claim against Implats should not proceed) is binding on WPL.
		Implats Corporate Affairs Director, Cathie Markus said that the dismissal of the appeal has confirmed Implats' view of the broader scope of the powers of the board of directors of WPL.
	www.implats.co.za /press/press_05.htm (197 words)

	HPH NOW, April 18, 2003, Judge Discusses AIDS Problem in South Africa
		How is it possible that anyone can deny the fact of AIDS in South Africa, asked Edwin Cameron, judge of the Supreme Court of Appeal in South Africa, during a sometimes deeply personal discussion of "HIV/AIDS in South Africa–Dilemmas and Opportunities" at HSPH on April 9.
		This denialism has led to a struggle for truth at the core of the national response to AIDS in South Africa, he said.
		According to a 2001 report from South Africa’s Medical Research Council, 40 percent of deaths among young adults in the country were from AIDS, said Cameron, and up to 20 percent of young people in some areas were infected with HIV.
	www.hsph.harvard.edu /now/apr18/AIDS.html (511 words)

	Department of Health to appeal against the Supreme Court of Appeal of South Africa's Ruling in favour of the ... (Site not responding. Last check: 2007-11-06)
		The state attorneys have already drafted an application for an appeal in this regard in the Constitutional Court to suspend today's decision of the Supreme Court of Appeal of South Africa.
		In upholding the appeal from the Cape High Court, the Supreme Court of Appeal set aside the regulations on the ground that they did not pass the test of legality and were consequently "of no force and effect".
		"We will file a notice of appeal against this judgment in the Constitutional Court tomorrow (Tuesday, 21 December 2004), the effect of which would be to suspend the judgment of the Supreme Court of Appeal," Dr Zokufa, added.
	www.doh.gov.za /docs/pr/2005/pr0120.html (600 words)

	American Anglican Council :: BlogSite: Statement from The Church of the Province of Southern Africa
		Statement from The Church of the Province of Southern Africa
		The Province of South Africa is where we find Archbishop Ndungane.
		Ndungane says one thing when he is in Africa and something else when he is in Washington DC sucking up to Bishop Chane.
	aacblog.classicalanglican.net /archives/000609.html (922 words)

	Harmony Gold :: Supreme Court of Appeal Rules in Favour of Harmony Gold (Site not responding. Last check: 2007-11-06)
		Harmony Gold :: Supreme Court of Appeal Rules in Favour of Harmony Gold
		Supreme Court of Appeal Rules in Favour of Harmony Gold
		JOHANNESBURG, South Africa, Nov. 26 /PRNewswire-FirstCall/ -- Harmony Gold is pleased to announce that today the Supreme Court of Appeal of South Africa unanimously upheld the High Court judgment to dismiss Gold Fields Limited's ("Gold Fields") application to declare Harmony's offers to Gold Fields' shareholders unlawful and to interdict their implementation.
	sev.prnewswire.com /mining-metals/20041126/NYF05126112004-1.html (713 words)

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