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South Africa decisions
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Tlhapi v Bangane and Others (2018/21599) [2025] ZAGPJHC 22 (17 January 2025)
The High Court dismissed an application to set aside transfer of immovable property, holding the respondent’s ownership was valid and unassailable.
Public Servants Association of South Africa v Department of Employment and Labour and Another (J 616/22) [2024] ZALCJHB 172; (2024) 45 ILJ 1646 (LC) (2 May 2024)
The Registrar of Labour Relations erred in law and fact by refusing to register the applicant's amended constitution solely on the basis of dual registration under the LRA and Companies Act. The Labour Relations Act does not prohibit dual registration, nor does it equate incorporation as a non-profit company with a lack of independence from employers or employers' organisations. The Registrar failed to apply the statutory guidelines, which require examination of the actual operation, membership, and activities of the trade union to determine its genuineness and independence. There was no evid…
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Van Der Molen v South African Civil Aviation Authority (57741/2021 ; 57742/2021) [2023] ZAGPJHC 988 (5 September 2023)
The High Court dismissed exceptions in two related damages actions against the Civil Aviation Authority, finding notice issues must be raised by special plea.
L'Avenir Wine Estate (Pty) Ltd v Commissioner for the South African Revenue Service (16112/2021) [2022] ZAWCHC 28; 84 SATC 295 (11 March 2022)
The High Court dismissed L’Avenir Wine Estate’s application to compel SARS to assess a disputed tax period, finding the papers were not properly framed for review relief.
Mosikili v South African Board of Sheriffs (1629/20219) [2021] ZAWCHC 129 (11 June 2021)
The court held that the appeal in question is a statutory appeal under section 61 of the Sheriffs Act, not a civil appeal as contemplated by section 14 of the Superior Courts Act. The distinction is material, as statutory appeals from administrative bodies are generally heard by a single judge unless the statute provides otherwise. The court found that the respondent's interpretation of 'appeal' was incorrect in this context, and that the practice in the Division is to allocate such statutory appeals to a single judge for reasons of caseload management and judicial efficiency. The respondent'…
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Purveyors South Africa Mine Services (Pty) Ltd v Commissioner for the South African Revenue Service (61689/2019) [2020] ZAGPPHC 409; 83 SATC 176 (25 August 2020)
The High Court held that a voluntary disclosure application was not “voluntary” under the Tax Administration Act because SARS already knew of the default and had warned of penalties.
Silatsha v Minister of Correctional Services (1040/2017) [2018] ZASCA 145 (2 October 2018)
The Supreme Court of Appeal held that a separated issue about legality of single-cell detention was not dispositive and the matter had to proceed to trial.
Thornburn Security Services (Pty) Ltd v South African Revenue Service and Others (27801/2018) [2018] ZAGPPHC 370 (17 May 2018)
The court held that SARS made an administrative decision to award the tenders to the applicant and Fidelity, which was communicated and acted upon. SARS cannot unilaterally ignore or suspend the implementation of its decision unless and until it is set aside by a competent court through proper review proceedings. The requirements for interim relief were satisfied: the applicant and Fidelity have a prima facie right to have the administrative decision implemented; the balance of convenience favours them as they have incurred substantial expenses and employed staff, while SARS would not suffer…
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Minister of Home Affairs and Another v Fireblade Aviation Proprietary Limited and Others (13/2016) [2018] ZASCA 46 (28 March 2018)
The Supreme Court of Appeal held that the application before it was for ordinary leave to appeal under s 16(1)(a)(i) of the Superior Courts Act, not special leave, as it was directed against the original judgment of a single judge. The test applied was whether there were reasonable prospects of success or other compelling reasons to grant leave. The court found that the Minister had lawfully granted approval to Fireblade Aviation, as evidenced by contemporaneous documents, and his subsequent attempts to suspend or reverse the approval were inconsistent and unsupported. The Minister failed to…
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Health Professions Council of South Africa and Another v Emergency Medical Supplies and Training CC t/a EMS (435/09) [2010] ZASCA 65; 2010 (6) SA 469 (SCA) ; [2010] 4 All SA 175 (SCA) (20 May 2010)
The Supreme Court of Appeal held that, although the high court's order on the nature of the appeal under section 20 of the Health Professions Act is technically final and definitive, the balance of convenience does not favour a piecemeal determination of this issue in isolation from the merits of the appeal. The court emphasized that allowing an appeal at this stage would not resolve the real dispute between the parties and could lead to further appeals and inefficiency. The proper approach is for the high court to determine all outstanding issues, including the merits of the section 20 appea…
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