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South Africa Case Law

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Civil Procedure [2025] ZAECBHC 14

N.C.D obo H.D v Road Accident Fund (92/2023)

N.C.D obo H.D v Road Accident Fund (92/2023) [2025] ZAECBHC 14 (13 June 2025)

The High Court declared that a mother had locus standi to pursue her minor child’s Road Accident Fund claim and that the claim had been properly registered.

  • Road Accident Fund Act
  • Locus Standi
  • Registration Compliance
  • Administrative Action Review
  • Road-accident-fund
  • Locus-standi
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Administrative Law [2025] ZALMPPHC 113

Baroka Ba Nkwana Royal Family and Others v Premier, Limpopo N.O and Others (6634/2024)

Baroka Ba Nkwana Royal Family and Others v Premier, Limpopo N.O and Others (6634/2024) [2025] ZALMPPHC 113 (10 June 2025)

The High Court dismissed an urgent bid to suspend recognition of a senior traditional leader, finding no basis for interim interdict relief pending review.

  • Traditional Leadership Recognition
  • Interim Interdict
  • Customary Law Succession
  • Gender Equality
  • Administrative Action Review
  • Interim-interdict
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Land And Property [2025] ZAWCHC 206

Aloe Homeowner's Association, Albertinia v Trustees for the time being of Liebenberg Trust and Another (17928/2022)

Aloe Homeowner's Association, Albertinia v Trustees for the time being of Liebenberg Trust and Another (17928/2022) [2025] ZAWCHC 206 (16 May 2025)

The High Court dismissed both a homeowners association's transfer application and the trust's counterapplication, finding disputes of fact over the validity of the 2021 constitution.

  • Transfer Of Ownership
  • Homeowners Association Constitution
  • Declaratory Relief
  • Joinder
  • Arbitration Clause
  • Administrative Action Review
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Land And Property [2025] ZANCHC 36

TG Braaikuikens (Pty) Ltd and Another v MEC: Department of Water and Sanitation, Northern Cape Provincial Operations and Another (430/2025)

TG Braaikuikens (Pty) Ltd and Another v MEC: Department of Water and Sanitation, Northern Cape Provincial Operations and Another (430/2025) [2025] ZANCHC 36 (25 April 2025)

The court found that the respondents' closure of water supply to the applicant's properties constituted unlawful spoliation. The applicants were in peaceful and undisturbed possession of the water rights, and the respondents failed to comply with statutory requirements under section 59(4) of the Water Act by not providing a reasonable opportunity for representations before restricting supply. The court held that, in cases of insolvency, outstanding water charges for the period prior to sequestration must be proved against the insolvent estate in terms of section 44 of the Insolvency Act, and…

  • Mandament Van Spolie
  • Water Rights
  • Insolvent Estate Liabilities
  • Administrative Action Review
  • Preferent Claims
  • Statutory Interpretation
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Tax Law [2025] ZAGPPHC 343

Commissioner for the South African Revenue Services In Re Vendcorp 54 CC v Commissioner for the South African Revenue Services and Another (Leave to Appeal) (14711/2023)

Commissioner for the South African Revenue Services In Re Vendcorp 54 CC v Commissioner for the South African Revenue Services and Another (Leave to Appeal) (14711/2023) [2025] ZAGPPHC 343 (25 March 2025)

The High Court granted leave to appeal on five tax-administration questions about CSARS investigations, authorisation, VDP notice, and substitution.

  • Tax Administration Act
  • Administrative Action Review
  • Voluntary Disclosure Programme
  • Notice Requirements
  • Authorisation Of Investigations
  • Substitution Order
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Land And Property [2025] ZALMPPHC 58

Chabalala and Another v Mabunda Traditional Council and Others (2060/2024)

Chabalala and Another v Mabunda Traditional Council and Others (2060/2024) [2025] ZALMPPHC 58 (25 March 2025)

The High Court granted a final interdict stopping disputed land allocations and levy collection in Siyandhani, while making demolition relief subject to a rule nisi.

  • Traditional Leadership Disputes
  • Final Interdict
  • Territorial Jurisdiction
  • Administrative Action Review
  • Demolition Orders
  • Final-interdict
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Labour Law [2025] ZALCJHB 131

Naidoo v Khosa NO and Others (JR1346/22)

Naidoo v Khosa NO and Others (JR1346/22) [2025] ZALCJHB 131; (2025) 46 ILJ 1971 (LC) (18 March 2025)

The court found that the Mission is not a separate and independent entity but is inextricably linked to DIRCO, which is a national department falling under the jurisdiction of the Bargaining Council. The Administrative Code did not indicate that the applicant's employment was governed by local law, nor did the applicant choose local law as the applicable law. The facts showed that DIRCO controlled the Mission's budget, instructions, and employment decisions. Therefore, the Bargaining Council has jurisdiction to hear the dispute, and the jurisdictional ruling by the commissioner was incorrect.…

  • Jurisdiction Of Bargaining Council
  • Foreign Service Employment
  • Unfair Dismissal
  • Condonation Application
  • Administrative Action Review
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Land And Property [2025] ZALCC 6

Poti and Others v Minister of Department of Rural Development and Land Reform and Others (205/2021; 19/2022)

Poti and Others v Minister of Department of Rural Development and Land Reform and Others (205/2021; 19/2022) [2025] ZALCC 6 (21 January 2025)

The Land Court set aside blanket R36,000 compensation awards for Veesplaas claimants, finding the RLCC relied on irrelevant factors and failed to assess individual circumstances.

  • Restitution Of Land Rights Act
  • Just And Equitable Compensation
  • Administrative Action Review
  • Prescription
  • Procedural Fairness
  • Restitution-of-land-rights
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Administrative Law [2024] ZASCA 180

Hutchinson Wild v Legal Practice Council and Others (956/2023)

Hutchinson Wild v Legal Practice Council and Others (956/2023) [2024] ZASCA 180; 2025 (3) SA 393 (SCA) (19 December 2024)

The Supreme Court of Appeal held that the Legal Practice Council's advisory note did not constitute administrative action as defined by PAJA, since it did not have a direct, external legal effect or adversely affect the appellant's rights. The advisory note merely explained transitional arrangements and did not alter the law or procedure. Section 116(2) of the Legal Practice Act requires pending disciplinary proceedings to be continued as if the repealed law still applied, but does not strip Advocates' Societies of their standing to bring such applications. The common-law powers of the courts…

  • Legal Practitioners Regulation
  • Admission Of Advocates Act
  • Legal Practice Act
  • Administrative Action Review
  • Standing Of Professional Bodies
  • Disciplinary Proceedings
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Commercial And Corporate [2024] ZAGPPHC 1135

Dorfling N.O and Another v Engelbrecht N.O and Others (004697/2024)

Dorfling N.O and Another v Engelbrecht N.O and Others (004697/2024) [2024] ZAGPPHC 1135 (7 November 2024)

The High Court dismissed trustees’ bid to obtain leave to sue on behalf of a company in liquidation, holding that the liquidators’ refusal was not mala fide or unreasonable.

  • Winding Up
  • Liquidator Powers
  • Leave To Institute Action
  • Derivative Action
  • Companies Act 1973
  • Administrative Action Review
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