sui generis

Literal translation

of its own kind; unique in its class

Legal meaning

Sui generis describes something that is legally unique and does not fit neatly within established categories. In South African law, the expression is often used to characterise institutions, rights, or statutory arrangements that must be interpreted according to their own special features rather than by strict analogy to ordinary common-law classes. Courts may use the term to justify a distinct interpretive approach where conventional labels such as contract, property, or delict are inadequate.

Examples

• The court described the constitutional damages remedy as sui generis and not automatically governed by ordinary private-law principles.
• Labour arbitration under the Labour Relations Act 66 of 1995 is often treated as part of a sui generis statutory dispute-resolution framework.
• A mineral right created by statute may be characterised as sui generis where it does not correspond exactly with common-law ownership or servitude.

• 🇿🇦 Loriza Brahman and Kobus Naudé v Casper Dippenaar
  Supreme Court of Appeal of South Africa· 2001-11-29· 211/2000

  honde, katte, perde en beeste. Die aksie geld slegs as die dier contra naturam sui generis opgetree het, dws 'n gedraging van die dier wat teen die aard van

• 🇿🇼 Lee Odendaal v Inn on the Ruparara
  Other Courts
• 🇿🇼 Zimbabwe Leaf Tobacco (Private) Limited v Patricia Vengesayi and Sheriff of Zimbabwe N.O
  Supreme Court
• 🇿🇦 Pringle v Mailula
  Supreme Court of Appeal of South Africa· 2024-10-25· 773/23

  brutal society in which we live, the legislature was compelled to allow for this sui generis procedure with greater latitude given to the presiding officer to receive further evidence.² There

• 🇿🇦 South African Legal Practice Council v Kgaphola and Another
  Supreme Court of Appeal of South Africa· 2025-05-23· 795/2023

  THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Reportable Case no

• 🇿🇼 Econet Wireless v The Minister of Public Service Labour and Social Welfare and Others
  High Court (Harare)· HC 2760/12
• 🇿🇼 Mario Damani v Waterbessie Investments (Pvt) Limited and Others
  High Court (Harare)· HCH-3888/25
• 🇿🇼 The Law Society of Zimbabwe v Puwayi Chiutsi
  High Court (Harare)· LPDT 5/19
• 🇿🇦 Johannesburg Society of Advocates and Another v Seth Azwihangwisi Nthai and Others
• 🇿🇼 Luke Danzvara and Others v City of Harare and Others
  High Court (Harare)

Live search across the public SA + ZW case corpus. Results may include false positives where the same Latin lexeme appears in a different context.

Areas of law