South Africa Case Law

Minister of Employment and Labour v Arbitrator of AFSA: Rudzani and Others (038938/2024)

Minister of Employment and Labour v Arbitrator of AFSA: Rudzani and Others (038938/2024) [2025] ZAGPPHC 745 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

038938/2024

Judge

Labuschagne

The High Court dismissed a review and condonation application because the arbitration award had already been made an order of court, making a section 33 review incompetent.

• Arbitration Award Enforcement
• Review Of Arbitration Award
• Condonation Application
• Arbitration Act Section 33
• Arbitration Act Section 31
• Arbitration-award-enforcement

T.I.M v Minister of Police and Another (1910/2017)

T.I.M v Minister of Police and Another (1910/2017) [2025] ZALMPPHC 137 (21 July 2025)

Court

Limpopo High Court, Polokwane

Case number

1910/2017

Judge

TE Matumba

The High Court awarded R80,000 for the unlawful arrest and detention of a 17-year-old, citing his vulnerability, poor cell conditions, and humiliation.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Prescribed Rate Of Interest
• Unlawful-arrest
• Unlawful-detention

Burgerbrug Beleggings (Pty) Ltd v City of Tshwane Metropolitan Municipality (20135/2022)

Burgerbrug Beleggings (Pty) Ltd v City of Tshwane Metropolitan Municipality (20135/2022) [2025] ZAGPPHC 763 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

20135/2022

Judge

L.T. Modiba

The court found that the City’s decision to issue contravention notices to Burgerbrug constitutes administrative action under PAJA, as it is a demand with direct legal effect. However, Burgerbrug failed to establish any grounds for review under PAJA, as it did not demonstrate that the City acted unlawfully or irrationally in issuing the notices. The owner’s duty to secure its property and ensure compliance with planning and building regulations is affirmed, and the municipality’s enforcement powers are not displaced by the owner’s absence or neglect. The court rejected Burgerbrug’s constituti…

Source excerpt

• Promotion Of Administrative Justice Act
• Municipal Land Use Regulation
• Owner Liability For Unlawful Development
• Constitutional Invalidity Review
• Procedural Fairness
• Non Joinder Of Interested Parties

Lewray Investments (Pty) Ltd and Others v City of Johannesburg and Another (11812/2022)

Lewray Investments (Pty) Ltd and Others v City of Johannesburg and Another (11812/2022) [2025] ZAGPJHC 708 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

11812/2022

Judge

M P Motha

The court found that the City of Johannesburg's creation of a non-sectional title category for refuse tariffs was not authorized by the Municipal Systems Act or the City's Tariff Determination By-laws. The enabling provisions require that tariff differentiation be based on delineated categories specified in the by-laws and policies, such as residential, commercial, industrial, and others, but do not recognize a distinction between sectional and non-sectional title properties. The imposition of the non-sectional title tariff was therefore ultra vires and irrational, as it introduced a category…

Source excerpt

• Municipal Tariffs
• Ultra Vires
• Rationality Review
• Local Government Powers
• Service Delivery Charges

Letsemeng Local Municipality v South African Local Government Bargaining Council (SALGBC) and Others (C390/2021)

Letsemeng Local Municipality v South African Local Government Bargaining Council (SALGBC) and Others (C390/2021) [2025] ZALCCT 60 (21 July 2025)

Court

Labour Court Cape Town

Case number

C390/2021

Judge

C May

The Labour Court dismissed a review of an arbitration award reinstating a dismissed employee, holding the commissioner’s approach and findings were reasonable on the evidence.

• Review Of Arbitration Award
• Gross Irregularity
• Substantive Unfair Dismissal
• Commissioner Duties
• Onus Of Proof
• Review-of-arbitration-award

Brooks v Trustee of the Hillcrest Country and Others (D5081/2023)

Brooks v Trustee of the Hillcrest Country and Others (D5081/2023) [2025] ZAKZDHC 48 (21 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D5081/2023

Judge

Gwagwa AJ

The applicant failed to lodge his complaint within the prescribed period and did not apply for condonation for the late filing. The adjudicator's decision to dismiss the complaint was valid in law, as he was functus officio and lacked jurisdiction to consider the matter further. The grounds of appeal did not demonstrate a reasonable prospect of success, nor did they raise any compelling reason for the appeal to be heard. The principles set out in section 17(1) of the Superior Courts Act and relevant case law were not satisfied. Accordingly, leave to appeal must be refused.

Source excerpt

• Leave To Appeal
• Condonation
• Reasonable Prospect Of Success
• Administrative Review
• Late Filing

Georgiou N.O and Another v Poole and Another (A143/2024 ; 2566/2021)

Georgiou N.O and Another v Poole and Another (A143/2024 ; 2566/2021) [2025] ZAGPPHC 738 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A143/2024 ; 2566/2021

Judges

M J Teffo, M Motha, M M D Lenyai

The court held that the Trust, as heir and beneficiary, does not acquire ownership of the deceased's assets upon death but only a contingent personal right against the executor, enforceable after confirmation of the liquidation and distribution account. This right is financial, not legal, and does not confer locus standi to intervene in sequestration proceedings. The trustees were inquorate and failed to appoint a third trustee as required by the Trust Deed, further undermining their standing. The court found no merit in the argument that Mr Poole lacked locus standi due to the alleged cessio…

Source excerpt

• Locus Standi
• Intervention Application
• Sequestration
• Trust Deed Interpretation
• Business Rescue Plan

Mooi and Another v S (A95/2024)

Mooi and Another v S (A95/2024) [2025] ZAGPJHC 720 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A95/2024

Judges

Strydom, R.B. Mkhabela, T.P. Bokako

Appeal in a murder and firearm-possession case partly succeeded: the first appellant’s murder conviction stood, but firearm-possession convictions were set aside; the second appellant’s murder conviction failed.

• Identification Evidence
• Credibility Of Witnesses
• Cautionary Rule
• Common Purpose
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition

M.P.S v S (A21/2024)

M.P.S v S (A21/2024) [2025] ZAGPJHC 703 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A21/2024

Judges

Malindi, Mia

The appeal court found that the trial court correctly applied the cautionary rule to the evidence of the complainant, a single child witness. The complainant's account was corroborated by medical evidence indicating injuries consistent with vaginal penetration, her mother's testimony regarding her pain and distress, and her consistent reporting of the incident. The contradictions in the State's case were not material and did not undermine the overall credibility of the complainant. The appellant's denial was found to be false and not reasonably possibly true when viewed against the totality o…

Source excerpt

• Rape Of Minor
• Single Witness Cautionary Rule
• Credibility Of Child Witness
• Corroboration
• Minimum Sentences Act
• Powers Of Appeal Court

Lebelo v First National Bank (Ex Tempore- Leave to Appeal) (143809/2024)

Lebelo v First National Bank (Ex Tempore- Leave to Appeal) (143809/2024) [2025] ZAGPPHC 729 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

143809/2024

Judge

Wilson

The High Court dismissed an application for leave to appeal against an order removing an urgent matter from the roll, finding no appealable harm.

• Appealability Of Interlocutory Orders
• Urgent Application Procedure
• Appealability-of-interlocutory-orders
• Urgent-application-procedure
• Leave-to-appeal