Appeals
Introduction
A litigant who is dissatisfied with the judgment of a court of first instance may in certain
circumstances appeal against that judgment to a higher court.
Distinction between appeals and reviews
In the case of Teaching Service Commission and Others v Learned Judge of Labour Appeal
Court and Others C of A (CIV) No. 21 of 2007 at para 6 Melunsky JA pointed out that:
“The distinction between an appeal and a review is well-known and hardly requires elaboration.
Appeal is the appropriate procedure where a litigant contends that a court came to an incorrect
decision whether on the law or on the facts. Review, however, as Schutz JA emphasized in
Pretoria Portland Cement Co. Ltd and Another v Competition Commission and Others, is not
directed at correcting a decision on the merits. It is aimed at the maintenance of legality, being a
means by which those in authority may be compelled to behave lawfully.
In Johannesburg Consolidated Investment Co v Johannesburg Town Council 1909 TS 111, Innes
CJ said at 114 that a review is:
‘... the process by which .... the proceedings of inferior courts of justice, both civil and criminal,
are brought before the court (i.e. the reviewing superior court) in respect of grave irregularities or
illegalities occurring during the course of such proceedings.’
"In simple terms, therefore, it can be said that an appeal is concerned with the merits of the case,
meaning that the second decision-maker is entitled to declare the first decision right or wrong.
On the other hand, a review, by contrast, is not concerned with the question whether the decision
was right or wrong, but whether the way the decision was reached is acceptable. It other words, a
review is concerned with the decision-making process itself.
In Nkoe v Litabe (C of A (CIV) 11 of 2017) [2018] LSCA 9 (07 November 2018) the Court of
Appeal described a review as follows:
“A review in the technical sense is a process by which proceedings are brought before a
reviewing authority in respect of irregularities or illegalities occurring in the course of
Introduction
A litigant who is dissatisfied with the judgment of a court of first instance may in certain
circumstances appeal against that judgment to a higher court.
Distinction between appeals and reviews
In the case of Teaching Service Commission and Others v Learned Judge of Labour Appeal
Court and Others C of A (CIV) No. 21 of 2007 at para 6 Melunsky JA pointed out that:
“The distinction between an appeal and a review is well-known and hardly requires elaboration.
Appeal is the appropriate procedure where a litigant contends that a court came to an incorrect
decision whether on the law or on the facts. Review, however, as Schutz JA emphasized in
Pretoria Portland Cement Co. Ltd and Another v Competition Commission and Others, is not
directed at correcting a decision on the merits. It is aimed at the maintenance of legality, being a
means by which those in authority may be compelled to behave lawfully.
In Johannesburg Consolidated Investment Co v Johannesburg Town Council 1909 TS 111, Innes
CJ said at 114 that a review is:
‘... the process by which .... the proceedings of inferior courts of justice, both civil and criminal,
are brought before the court (i.e. the reviewing superior court) in respect of grave irregularities or
illegalities occurring during the course of such proceedings.’
"In simple terms, therefore, it can be said that an appeal is concerned with the merits of the case,
meaning that the second decision-maker is entitled to declare the first decision right or wrong.
On the other hand, a review, by contrast, is not concerned with the question whether the decision
was right or wrong, but whether the way the decision was reached is acceptable. It other words, a
review is concerned with the decision-making process itself.
In Nkoe v Litabe (C of A (CIV) 11 of 2017) [2018] LSCA 9 (07 November 2018) the Court of
Appeal described a review as follows:
“A review in the technical sense is a process by which proceedings are brought before a
reviewing authority in respect of irregularities or illegalities occurring in the course of
