South Africa Case Law

Independent Communications Authority of South Africa and Others v Open Heaven Community Radio and Others (1133/2023)

Independent Communications Authority of South Africa and Others v Open Heaven Community Radio and Others (1133/2023) [2025] ZASCA 117 (12 August 2025)

Court

Supreme Court of Appeal

Case number

1133/2023

Judges

Dambuza, Mbatha, Dolamo

The Supreme Court of Appeal held that ICASA has the discretion to condone late submissions of renewal notices for class broadcasting licences under s 19(2) of the Electronic Communications Act, as the six-month period is intended for ICASA’s administrative benefit. The court found that substantial compliance with the statutory purpose suffices and that ICASA should have considered Open Heaven’s late renewal notice, which was only 14 days out of time. Regarding the 2021 regulations, the court determined that the extension of licence validity from five to seven years applies to all class licenc…

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• Broadcasting Licence Renewal
• Retrospective Application Of Regulations
• Condonation Of Late Filing
• Statutory Interpretation
• Regulatory Discretion

Naude and Another v South African Legal Practice Council (A262/2023)

Naude and Another v South African Legal Practice Council (A262/2023) [2025] ZAGPPHC 774 (12 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

A262/2023

Judges

Millar, Van der Schyff, Labuschagne

The High Court upheld an appeal against the suspension of attorney Wynand Naude, finding the LPC’s investigation and urgent suspension application were unjustified.

• Legal Practitioner Suspension
• Misrepresentation
• Trust Account Compliance
• Right To A Hearing
• Urgent Application
• Costs Award

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023)

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023) [2025] ZAWCHC 339 (11 August 2025)

Court

Western Cape High Court, Cape Town

Case number

7157/2023

Judge

Bhoopchand

The High Court set aside Stellenbosch’s rezoning appeal decision after finding it relied on an ungazetted, non-binding MSDF version and was tainted by an error of law.

• Municipal Spatial Development Framework
• Procedural Fairness
• Judicial Review Under Paja
• Zoning Scheme By Law
• Error Of Law
• Administrative-law

HOD: Western Cape Education Department and Others v Equal Education Law Centre and Others (1003/2023)

HOD: Western Cape Education Department and Others v Equal Education Law Centre and Others (1003/2023) [2025] ZASCA 116 (11 August 2025)

Court

Supreme Court of Appeal

Case number

1003/2023

Judges

Nicholls, Mbatha, Windell, Bloem, Molitsoane

The Supreme Court of Appeal held that Rule 53(1)(b) of the Uniform Rules of Court is limited to the production of records relevant to the administrative decision subject to judicial review. The High Court erred by granting an order compelling the Department to produce documents and information unrelated to the specific review relief sought, including materials intended to support declaratory and mandamus claims. Such relief requires separate procedural mechanisms and cannot be obtained through Rule 53. The Department had provided a record sufficient for the review of its placement decisions f…

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• Uniform Rule 53
• Judicial Review
• Right To Education
• Mandamus Relief
• Declaratory Relief
• Promotion Of Administrative Justice Act

Van till Outdoor (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Others (2024/032964)

Van till Outdoor (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Others (2024/032964) [2025] ZAGPJHC 774 (8 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/032964

Judge

Snyman AJ

The High Court held that Johannesburg’s Outdoor Advertising By-Laws do not authorise JMPD impoundments, and granted declaratory and interdictory relief.

• Municipal By Laws Enforcement
• Unlawful Impoundment
• Declaratory Relief
• Interdictory Relief
• Doctrine Of Ripeness
• Interpretation Of By Laws

Moukangwe v Minister of Labour and Others (2025/028534)

Moukangwe v Minister of Labour and Others (2025/028534) [2025] ZAGPJHC 771 (6 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/028534

Judge

H Nochumsohn

The High Court granted leave to sue Labour officials for damages, treating the filed motion papers as sufficient notice and finding good cause for condonation.

• Condonation Under Organs Of State Act
• Compensation For Occupational Injuries
• Unreasonable Delay
• Leave To Institute Action
• Costs Award
• Condonation-under-organs-of-state-act

Ingerop South Africa (Pty) Ltd v Minister of Water and Sanitation and Others (11175/2024)

Ingerop South Africa (Pty) Ltd v Minister of Water and Sanitation and Others (11175/2024) [2025] ZAWCHC 336 (6 August 2025)

Court

Western Cape High Court, Cape Town

Case number

11175/2024

Judges

Lekhukeni, Sipunzi

High Court held it lacked PAJA jurisdiction over a tender review and, in any event, the application was filed out of time without adequate condonation.

• Promotion Of Administrative Justice Act
• Jurisdiction Of High Courts
• Condonation For Late Review
• Tender Review
• Delay In Instituting Proceedings
• Administrative-law

Corruption Watch (RF) NPC v Speaker of the National Assembly and Others (CCT 333/23)

Corruption Watch (RF) NPC v Speaker of the National Assembly and Others (CCT 333/23) [2025] ZACC 15 (1 August 2025)

Court

Constitutional Court

Case number

CCT 333/23

Judges

Madlanga ADCJ, Dambuza AJ, Goosen AJ, Kollapen J, Mhlantla J, Opperman AJ, Rogers J, Theron J, Tshiqi J

The National Assembly failed to comply with its constitutional obligation to facilitate reasonable public involvement in the appointment of Commissioners to the Commission for Gender Equality. The information provided to the public was insufficient, as the CVs of shortlisted candidates were not published, and the justification based on POPIA was incorrect. The 14-day comment period was unreasonably short, and the use of an online form with a character limitation further restricted meaningful participation. These procedural deficiencies rendered the appointment process unconstitutional. The ap…

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• Public Participation
• Appointment Of Chapter 9 Commissioners
• Access To Information
• Protection Of Personal Information Act
• Remedial Orders
• Costs In Constitutional Litigation

Greater Taung Local Municipality v Office of the Public Protector and Others (89658/2018)

Greater Taung Local Municipality v Office of the Public Protector and Others (89658/2018) [2025] ZAGPPHC 776 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

89658/2018

Judge

Kooverjie

The court found that Mr Bloem’s answering affidavit should be condoned due to his reasonable explanation for delay and the interests of justice. The complaint to the Public Protector was lodged within the statutory period, as evidenced by meetings in April and September 2014. The court rejected the Municipality’s argument that the protected disclosure complaint was an afterthought, finding a clear link between Mr Bloem’s whistleblowing and his dismissal. The Public Protector had jurisdiction to investigate the complaint under Section 182(1) of the Constitution and the Protected Disclosure Act…

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• Protected Disclosure Act
• Jurisdiction Of Public Protector
• Unfair Dismissal
• Remedial Action
• Condonation
• Occupational Detriment

Mothokwa Trading Enterprice v MEC for Education Limpopo Province and Others (13927/2024)

Mothokwa Trading Enterprice v MEC for Education Limpopo Province and Others (13927/2024) [2025] ZALMPPHC 145 (31 July 2025)

Court

Limpopo High Court, Polokwane

Case number

13927/2024

Judge

M Z Makoti

The High Court granted an interim interdict stopping implementation of a Limpopo education furniture contract pending review of the procurement decisions.

• Public Procurement
• Interim Interdict
• Legality Principle
• Treasury Regulations
• Just Administrative Action
• Public-procurement