South Africa Case 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

Mapisa-Nqakula v S (CC33/2024)

Mapisa-Nqakula v S (CC33/2024) [2025] ZAGPPHC 371 (4 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC33/2024

Judge

Mosopa

The court held that the applicant failed to establish prima facie facts indicating the relevance of the 'C' section of the police docket to her fair trial rights. The applicant's arguments regarding the sequence of statements, hearsay, and lack of corroboration are matters for trial and do not justify disclosure at this stage. The respondent's refusal to disclose is supported by privilege, confidentiality, and lack of relevance. Regarding the military docket, the court found that ongoing representations and investigations preclude disclosure, but ordered the respondent to provide a progress r…

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• Disclosure Of Evidence
• Investigation Diary
• Section 204 Witness
• Privilege And Confidentiality
• Fair Trial Rights
• Access To Information

Cape Organisation for the Democratic Taxi Association George Branch v George Municipality and Others (20698/2023)

Cape Organisation for the Democratic Taxi Association George Branch v George Municipality and Others (20698/2023) [2024] ZAWCHC 367 (5 November 2024)

Court

Western Cape High Court, Cape Town

Case number

20698/2023

Judge

Gordon-Turner

The application became moot as the vehicles were released prior to the hearing, and the applicant conceded that the impoundments were not unlawful. The applicant and its members failed to use available statutory remedies, including PAIA for information and criminal courts for release orders. The municipality's requirement to follow PAIA was reasonable and did not constitute a refusal. The applicant persisted with litigation despite being aware that the substantive relief was no longer required, failed to withdraw the application or tender costs, and did not amend its papers as vehicles were r…

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• Impoundment Of Vehicles
• Urgent Interdict
• Access To Information
• Municipal Powers
• Costs Award
• Section 31 Criminal Procedure Act

Ndlovu v Matsipa and Others (Leave to Appeal) (24564/2022)

Ndlovu v Matsipa and Others (Leave to Appeal) (24564/2022) [2024] ZAGPPHC 759 (1 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

24564/2022

Judge

JF Grobler

The High Court dismissed an application for leave to appeal, finding no reasonable prospect of success on shareholding, prescription, PAIA, or delinquency issues.

• Shareholder Disputes
• Prescription Of Claims
• Access To Information
• Delinquent Directors
• Locus Standi
• Leave-to-appeal

Raubex Building (Pty) Ltd v HOD: Dept of Roads and Public Works, NC and Another (1508/2024)

Raubex Building (Pty) Ltd v HOD: Dept of Roads and Public Works, NC and Another (1508/2024) [2024] ZANCHC 66 (3 July 2024)

Court

Northern Cape High Court, Kimberley

Case number

1508/2024

Judge

Mamosebo

Urgent application to compel reasons and tender records was struck off the roll for lack of urgency and exceptional circumstances, with punitive costs.

• Promotion Of Administrative Justice Act
• Urgency
• Condonation Of Non Compliance
• Public Procurement
• Access To Information
• Administrative-law

My Vote Count NPC v President of the Republic of South Africa and Others (10607/24)

My Vote Count NPC v President of the Republic of South Africa and Others (10607/24) [2024] ZAWCHC 137 (27 May 2024)

Court

Western Cape High Court, Cape Town

Case number

10607/24

Judge

DM Thulare

The court found a prima facie gap in political donation limits after legislative amendments, issued a rule nisi, dismissed intervention, and refused immediate interim relief.

• Political Party Funding
• Interim Interdict
• Rule Nisi
• Non Joinder
• Access To Information
• Separation Of Powers

National Council of and for Persons with Disabilities v Independent Communications Authority of South Africa (49918/2021)

National Council of and for Persons with Disabilities v Independent Communications Authority of South Africa (49918/2021) [2024] ZAGPPHC 165 (22 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

49918/2021

Judge

Tolmay

The High Court dismissed a PAJA review of ICASA’s disability code for undue delay, finding the application out of time and lacking a full explanation.

• Promotion Of Administrative Justice Act
• Bill Of Rights Limitation
• Judicial Review Delay
• Access To Information
• Public Participation In Rulemaking
• Administrative-law

Ndudane and Others v Financial Intelligence Centre (EC/01/22)

Ndudane and Others v Financial Intelligence Centre (EC/01/22) [2024] ZAWCHC 38; 2024 (5) SA 549 (WCC) (13 February 2024)

Court

Western Cape High Court, Cape Town

Case number

EC/01/22

Judge

Thulare

The applicants established a legal right to access the information held by the FIC under section 32(1) of the Constitution and sections 40 and 41 of FICA. The court found that the Equality Court has the power to grant interlocutory orders for access to information necessary for the determination of the main complaint. The information sought is material to the applicants' allegations of unfair discrimination and unequal treatment by the banks. The FIC's objections regarding lack of legal entitlement, non-compliance with PAIA, and non-joinder of affected entities were rejected. The court held t…

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• Financial Intelligence Centre Act
• Access To Information
• Equality Court Procedure
• Unfair Discrimination
• Risk Management Compliance
• Constitutional Right To Equality

Crazy Plastics v Moodley (39002/2023)

Crazy Plastics v Moodley (39002/2023) [2024] ZAGPJHC 122 (6 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

39002/2023

Judge

Yacoob

The High Court dismissed an application for leave to appeal, finding the challenge rested on technical objections and no basis to expect a different result.

• Leave To Appeal
• Costs Order
• Access To Information
• Leave-to-appeal
• Civil-procedure
• Costs-order

Mphahlele v Scheepers N.O and Others (Leave to Appeal) (23465/2022)

Mphahlele v Scheepers N.O and Others (Leave to Appeal) (23465/2022) [2023] ZAGPPHC 631 (27 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

23465/2022

Judge

Bam NN

The High Court dismissed an application for leave to appeal, finding no reasonable prospect of success and no compelling reason to hear the appeal.

• Leave To Appeal
• Access To Information
• Trust Beneficiary Rights
• Waiver Of Rights
• Costs Award
• Leave-to-appeal