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South Africa decisions
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Minister of Water and Sanitation and Another v Water Tribunal and Others (109636/2023) [2025] ZAGPPHC 624 (23 June 2025)
The High Court dismissed a review of a Water Tribunal decision, holding the application was instituted more than 180 days late under PAJA and could not proceed.
Buffeljagsbaai Marine Company (Pty) Ltd v Minister of Forestry Fisheries and the Environment and Others (7633.2022) [2024] ZAWCHC 258 (9 September 2024)
The court granted interim relief allowing the applicant to keep harvesting seaweed pending review and appeal, but refused to order further permits.
Tholo Energy Services CC v Commissioner for the South African Revenue Service (378/2023) [2024] ZASCA 120; [2024] 4 All SA 89 (SCA); 87 SATC 301 (6 August 2024)
The Supreme Court of Appeal held that the appellant failed to comply with the statutory requirements for a refund of fuel and Road Accident Fund levies under the Customs and Excise Act. The fuel was not obtained from stocks of the licensee of a customs and excise manufacturing warehouse as required by s 64F(1)(b), but rather from unlicensed depots. The appellant did not provide the necessary invoice from the licensee of a VM, nor did it demonstrate that the fuel was wholly and directly removed for delivery to Lesotho by a licensed distributor. Furthermore, the appellant exported the fuel with…
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Cotty and Others v Registrar of the Council for Medical Schemes (75753/2019) [2021] ZAGPPHC 68; [2021] 2 All SA 793 (GP); 2021 (4) SA 466 (GP) (19 February 2021)
The High Court held that an appeal under section 50(3) of the Medical Schemes Act suspends the Council’s decision pending the Appeal Board’s ruling.
Smit v Provincial Head: Free State Region Department of Water and Sanitation and Another (W002/16/FS) [2017] ZAWT 7 (15 November 2017)
The Water Tribunal upheld Deon Smit’s appeal, set aside a Section 35(4) determination, and fixed a higher existing lawful water use for irrigation from the Kraai River and dams.
Vhembe Mineral Resources Stakeholders Forum and Others v MEC, Department of Economic Development, Environment and Tourism (Limpopo Provincial Government) and Others (78690/14) [2015] ZAGPPHC 1043 (8 December 2015)
The court held that the defects in the applicants' case had been cured and that the interim interdict should not be set aside. The founding affidavit and notice of motion, read together, established a prima facie right and a balance of convenience in favour of the applicants, whose constitutional rights to a safe environment were implicated. The court found that CoAL had not traversed the applicants' factual allegations and had conceded that the applicants had prospects of success in the review. The provision in the interim order relating to the Regional Strategic Environmental Impact Assessm…
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Pellencin v City of Tshwane Metropolitan Municipality (47233/11) [2012] ZAGPPHC 133 (28 June 2012)
The court ordered the municipality to issue an occupation certificate after a review board upheld the applicant’s appeal against refusal of amended building plans.
Barnard v Department of Water Affairs and Forestry (WT02/04/2009) [2009] ZAWT 19 (17 November 2009)
The Water Tribunal set aside a directive under section 53(1) of the National Water Act because the alleged contravention was not clearly established.
Resolution Health (Pty) Ltd and Another v Council for Medical Schemes and Others (37155/09) [2009] ZAGPPHC 106 (1 September 2009)
The applicants were not entitled to interim relief because they had acted unlawfully by providing administration services without proper accreditation, in contravention of the Medical Schemes Act and its regulations. The court found that the applicants' conduct amounted to a criminal offence and that the regulatory authority cannot be estopped from enforcing statutory requirements. The principles supporting interim relief in administrative matters do not apply where the applicant is not lawfully entitled to the rights claimed and has not made out a strong prima facie case. The application was…
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Natal Zoological Gardens (Pty) Ltd and Others v Ezemvelo KZN Wildlife and Others (5945/09) [2009] ZAKZPHC 38 (13 August 2009)
High Court costs ruling after an interim interdict became redundant on appeal; the court ordered each party to pay its own costs.
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