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South Africa Case Law

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6 Jan 2025

Administrative Law [2025] ZAGPJHC 30

Erf 7 [ ... ] Robindale Five (Pty) Limited v City of Johannesburg Metropolitan Municipality (2024/136466; 2023/077080; 2020/15428)

Erf 7 [ ... ] Robindale Five (Pty) Limited v City of Johannesburg Metropolitan Municipality (2024/136466; 2023/077080; 2020/15428) [2025] ZAGPJHC 30; [2025] 2 All SA 162 (GJ) (6 January 2025)

Court: South Gauteng High Court, Johannesburg
Case number: 2024/136466; 2023/077080; 2020/15428
Judge: Badenhorst AJ

Three urgent Johannesburg utility-disconnection disputes were consolidated. The court granted interdicts, found contempt in one matter, and ordered punitive costs.

Municipal Billing Disputes
Abuse Of Power
Procedural Fairness
Utility Disconnection
Civil Contempt
Costs Punitive Scale

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21 Oct 2024

Constitutional Law [2024] ZAEC 24

Democratic Alliance v Ramaphosa and Others (0027/2024EC)

Democratic Alliance v Ramaphosa and Others (0027/2024EC) [2024] ZAEC 24 (21 October 2024)

Court: Electoral Court
Case number: 0027/2024EC
Judges: Zondi, Adams, Yacoob

The Court held that the President's address did not contravene item 9(2)(e) of the Electoral Code or section 87(1)(g) of the Electoral Act. The address, viewed objectively, was intended to inform the nation about election readiness and encourage democratic participation, not to campaign for the ANC or influence voters unlawfully. The Court found that a restrictive interpretation of the Code and Act, as urged by the DA, would unduly inhibit the President's constitutional obligations and citizens' rights to receive information. The President did not misuse public funds or abuse his position to…

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Electoral Code Of Conduct
Abuse Of Power
Undue Influence
Presidential Powers
Free And Fair Elections

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19 Sept 2024

Civil Procedure [2024] ZAECQBHC 57

Ziboti and Another v Minister of Police and Others (3286/2024)

Ziboti and Another v Minister of Police and Others (3286/2024) [2024] ZAECQBHC 57 (19 September 2024)

Court: Eastern Cape High Court, Gqeberha
Case number: 3286/2024
Judge: A S Zono

The High Court ordered the return of two seized cellular phones after finding the search and seizure unlawful under the Correctional Services Act.

Mandament Van Spolie
Search And Seizure
Doctrine Of Legality
Statutory Interpretation
Constitutional Rights
Abuse Of Power

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25 Jun 2024

Administrative Law [2024] ZAFSHC 199

Mbuyisa v Head of Department: Free State Department of Social Development and Others (3243/2024)

Mbuyisa v Head of Department: Free State Department of Social Development and Others (3243/2024) [2024] ZAFSHC 199 (25 June 2024)

Court: Free State High Court, Bloemfontein
Case number: 3243/2024
Judge: Majosi, AJ

The court struck an urgent application off the roll, finding the applicant failed to show sufficient urgency under Rule 6(12)(b).

Precautionary Suspension
Urgency In Interdicts
Jurisdiction Of High Court
Rule 6 12 Procedure
Abuse Of Power
Urgent-applications

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20 May 2024

Labour Law [2024] ZALCPE 17

Louw v Transnet SOC Ltd and Others (PR38/22)

Louw v Transnet SOC Ltd and Others (PR38/22) [2024] ZALCPE 17 (20 May 2024)

Court: Labour Court Port Elizabeth
Case number: PR38/22
Judge: M Makhura

The court found that the commissioner committed material misdirection and gross irregularities by relying solely on the disciplinary code and unsubstantiated arguments regarding the breakdown of the trust relationship, without conducting an independent and objective inquiry into the seriousness of the misconduct or considering mitigating factors such as length of service and absence of dishonesty. The charge against the applicant did not involve deceit or workplace bullying, and no evidence was presented regarding intolerability or impracticability of continued employment. The commissioner el…

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Unfair Dismissal
Abuse Of Power
Progressive Discipline
Remedies For Unfair Dismissal
Section 188a Inquiry

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6 Dec 2022

Administrative Law [2022] ZAFSHC 344

Mahapane and Others v Mohokare Local Municipality and Others (4913/2022)

Mahapane and Others v Mohokare Local Municipality and Others (4913/2022) [2022] ZAFSHC 344 (6 December 2022)

Court: Free State High Court, Bloemfontein
Case number: 4913/2022
Judge: Opperman

The court ordered Mohokare Local Municipality to pay costs after an unlawful municipal manager appointment, and directed an inquiry into recovery from office bearers.

Municipal Manager Appointment
Abuse Of Power
Individual Liability For Costs
Local Government Regulation
Urgent Interdict
Municipal Finance Management Act

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3 May 2022

Labour Law [2022] ZAECBHC 9

Mbude v Premier of the Eastern Cape and Others (218/2022)

Mbude v Premier of the Eastern Cape and Others (218/2022) [2022] ZAECBHC 9; [2022] 9 BLLR 859 (ECB) (3 May 2022)

Court: Eastern Cape High Court, Bhisho
Case number: 218/2022
Judge: Govindjee

The court found that the Premier had prima facie reason to believe the applicant, as accounting officer, had committed serious misconduct relating to delayed delivery of textbooks and stationery, late payment of Education Assistants, and forfeiture of infrastructure grant funds. The Premier's belief that the applicant's continued presence might jeopardise the investigation was reasonable and justifiable, satisfying the requirements of the SMS Handbook. The applicant's arguments regarding prejudice to her reputation and departmental functioning did not establish exceptional urgency. The allega…

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Precautionary Suspension
Abuse Of Power
Senior Management Service Handbook
Urgency In Interdicts
Doctrine Of Legality

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24 Mar 2022

Criminal Law [2022] ZAGPJHC 171

LTE Consulting (Pty) Ltd and Another v The Minister of Police and Others (42827/2020)

LTE Consulting (Pty) Ltd and Another v The Minister of Police and Others (42827/2020) [2022] ZAGPJHC 171 (24 March 2022)

Court: South Gauteng High Court, Johannesburg
Case number: 42827/2020
Judge: Senyatsi

The High Court dismissed a challenge to four search-and-seizure warrants, holding they were lawfully issued in chambers, sufficiently specific, and the dispute was moot.