South Africa Case Law

Ramapuputla Attorneys Incorporated v South African Legal Practice Council National Office and Others (Leave to Appeal) (083524/2023)

Ramapuputla Attorneys Incorporated v South African Legal Practice Council National Office and Others (Leave to Appeal) (083524/2023) [2025] ZAGPPHC 576 (29 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

083524/2023

Judge

A.C. Basson

The High Court dismissed an application for leave to appeal, holding there were no reasonable prospects of success and ordering costs against the applicant.

• Administrative Action Definition
• Leave To Appeal Test
• Disciplinary Committee Procedure
• Costs Order
• Leave-to-appeal
• Administrative-action

Mmope v Madibeng Local Municipality (15337/2022)

Mmope v Madibeng Local Municipality (15337/2022) [2024] ZAGPJHC 629 (8 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

15337/2022

Judge

Strydom

The High Court granted leave to appeal in a dispute over whether abandoning a municipal manager appointment process was administrative action under PAJA.

• Administrative Action Definition
• Municipal Manager Appointment
• Leave To Appeal
• Paja Exclusion
• Leave-to-appeal
• Administrative-action

Nomlala v Chairperson Of Public Service Commission and Others (46739/2021)

Nomlala v Chairperson Of Public Service Commission and Others (46739/2021) [2024] ZAGPPHC 689 (2 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

46739/2021

Judge

Gwala

The court held that the investigation report of the Public Service Commission, including its findings and recommendations, does not constitute administrative action as defined by PAJA. The report does not have direct, external legal effect on the applicant's rights, nor does it finally determine any rights. The recommendations are not binding decisions but merely opinions and advice to the Executive Authority, who may decide whether to implement them. Any adverse effect on the applicant's rights would arise only if the Executive Authority takes further action, such as instituting disciplinary…

Source excerpt

• Promotion Of Administrative Justice Act
• Administrative Action Definition
• Review Of Investigation Report
• Public Service Regulations
• Conflict Of Interest
• Disciplinary Procedure

Tax Faculty NPC v South African Institute of Taxation NPC

Tax Faculty NPC v South African Institute of Taxation NPC [2023] ZAGPPHC 366; 48140/21 (15 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

48140/21

Judge

De Vos

The Court found that the applicant was never accredited by the respondent and that the termination of the service level agreement was a contractual act, not an administrative decision. The 2018 letter relied upon by the applicant was not an authentic accreditation decision but was dictated under threat by the applicant's CEO to a respondent employee. The applicant failed to dispute these serious allegations with any detail, providing only bare denials. The respondent's version was preferred as there was no genuine dispute of fact. The Court held that there was no administrative action to revi…

Source excerpt

• Administrative Action Definition
• Review Of Administrative Action
• Service Level Agreement
• Accreditation
• Mootness

Pityana v ABSA Group Limited and Others

Pityana v ABSA Group Limited and Others [2023] ZAGPPHC 342; 2024 (1) SA 491 (GP) (10 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

64258 / 2021

Judge

M Snyman, AJ

The court held that Rule 53 does not apply to a Companies Act section 71(5) review of a board’s director-removal decision, which is not administrative action.

• Removal Of Director
• Companies Act Section 71
• Uniform Rule 53
• Administrative Action Definition
• Common Law Review
• Rule-53

Forest Deep (Pty) Ltd and Another v Media Development and Diversity Agency and Others (20641/21)

Forest Deep (Pty) Ltd and Another v Media Development and Diversity Agency and Others (20641/21) [2022] ZAWCHC 202 (19 October 2022)

Court

Western Cape High Court, Cape Town

Case number

20641/21

Judge

Le Grange

The court dismissed a review seeking to set aside an alleged MDDA funding refusal, holding that the applicants had made only an enquiry, not a formal application.

• Promotion Of Administrative Justice Act
• Jurisdiction Of Review
• Administrative Action Definition
• Procedural Requirements For Funding
• Standing To Seek Review
• Administrative-law

Korabie v Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State and Others (9946/2022)

Korabie v Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State and Others (9946/2022) [2022] ZAWCHC 187; [2022] 4 All SA 811 (WCC) (20 September 2022)

Court

Western Cape High Court, Cape Town

Case number

9946/2022

Judges

M J Dolamo, H Slingers

The court held that the recommendations of the State Capture Commission did not constitute administrative action as defined by PAJA because they lacked direct, external legal effect and were not final decisions adversely affecting the applicant's rights. The recommendations were merely suggestions for further investigation and possible prosecution, which may or may not be acted upon. The application was also found not to be urgent, as the applicant failed to provide concrete evidence of ongoing harm or inability to obtain redress in due course. Furthermore, the matter was not ripe for adjudic…

Source excerpt

• Promotion Of Administrative Justice Act
• Administrative Action Definition
• Ripeness
• Non Joinder
• Fiduciary Duties
• Recommendations By Commissions

Ncitha v Buffalo City Metropolitan Municipality (EL107/2022)

Ncitha v Buffalo City Metropolitan Municipality (EL107/2022) [2022] ZAECELLC 21 (25 August 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

EL107/2022

Judge

FBA Dawood

The court dismissed an application for municipal legal representation, finding the criminal charges arose from conduct outside the applicant’s official duties.

• Promotion Of Administrative Justice Act
• Municipal Systems Act Section 109a
• Legal Representation Policy
• Administrative Action Definition
• Review Of Administrative Decisions
• Administrative-law

East Rand Member District of Chartered Accountants and Another v Independent Regulatory Board for Auditors and Others (37249/2018)

East Rand Member District of Chartered Accountants and Another v Independent Regulatory Board for Auditors and Others (37249/2018) [2021] ZAGPPHC 817 (2 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

37249/2018

Judge

N Davis

The High Court held that the MAFR review was brought out of time and declined to entertain it, finding the delay unreasonable under PAJA section 7(1).

• Promotion Of Administrative Justice Act
• Delay In Review
• Administrative Action Definition
• Rule Making
• Condonation
• Administrative-law

Tshabalala v Mahlango and Others (22991/2020)

Tshabalala v Mahlango and Others (22991/2020) [2021] ZAGPPHC 594 (16 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

22991/2020

Judge

Réan Strydom

The court found that the forensic audit report did not constitute administrative action as defined by PAJA, since no decision was taken against the applicant and the report merely made recommendations regarding the administration of school accounts. The applicant was afforded an opportunity to respond to the allegations via the 'audi letter', and no legal basis was established for the retraction or public apology sought. The amended notice of motion introduced a new cause of action not substantiated by the founding papers, and the requirements for a legality review were not met. The applicant…

Source excerpt

• School Governing Body Powers
• Forensic Audit Reports
• Administrative Action Definition
• Audi Alteram Partem
• Legality Review
• Costs Orders