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South Africa decisions
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Msindo v S (CAP 09/2025 ; CA 74/2018) [2025] ZANWHC 30 (10 February 2025)
The High Court dismissed a petition for leave to appeal against sentence, finding no reasonable prospects of success, while condemning long administrative delay in processing the matter.
Ramphodidi v S (CAP 07/2022) [2025] ZANWHC 33 (3 February 2025)
The court found that the evidence presented at trial supported the convictions on all charges, and there were no reasonable prospects of success on appeal against conviction. However, the sentences imposed by the trial court deviated from the legislatively prescribed minimum sentences based on substantial and compelling circumstances, and the total effective sentence of 40 years for two counts of rape warranted further scrutiny on appeal. The court also noted serious administrative deficiencies in the Registrar's office, which caused an unreasonable delay in the processing of the petition, an…
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I.F.H (Nee V.Z) and Another v Minister of Home Affairs and Another (2023-100855) [2024] ZAGPPHC 993 (27 May 2024)
The High Court ordered Home Affairs to register a Tanzanian-born adopted child’s birth, grant naturalisation, and issue identity documents.
Fidelity Security Services (Pty) Ltd Code of Body 16455 and Others v National Commissioner of The South African Police Services, General KJ Sithole and Others (31971/2022) [2022] ZAGPPHC 731 (6 October 2022)
High Court declared SAPS respondents non-compliant with a prior order, ordered temporary firearm authorisations under section 21, and awarded costs.
Forge Packaging (Pty) Ltd v Commissioner for the South African Revenue Service (21634/2021) [2022] ZAWCHC 119; 85 SATC 357 (13 June 2022)
The court refused to grant a direction under section 105 of the Tax Administration Act, finding that the applicant failed to show good cause for the High Court to entertain the review application instead of the Tax Court. The court held that the issues raised were not purely legal and involved factual disputes, particularly regarding whether SARS's process was an 'audit' or a 'verification'. The existence of parallel proceedings in the Tax Court, which could address the applicant's challenges, rendered the High Court forum inappropriate and risked procedural dislocation. The court further fou…
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National Adoption Coalition of South Africa v Head of Department of Social Development, for the Province of KZN and Others (D4680/2018) [2020] ZAKZDHC 6; 2020 (4) SA 284 (KZD) (24 February 2020)
The court found that the Department of Social Development and the adoption panel in KwaZulu-Natal failed to comply with their constitutional and statutory obligations by causing unreasonable delays in the adoption process, particularly in issuing the section 239(1)(d) letter of recommendation. These delays violated the rights of adoptable children to dignity, equality, and family care, as well as the rights of birth parents and prospective adoptive parents to just administrative action and access to court. The court held that the best interests of the child are paramount and require expeditio…
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Escarpment Environment Protection Group v Director General : Department of Water and Sanitation and Others (WT 03/13/MP) [2019] ZAWT 2 (16 April 2019)
The Water Tribunal refused the respondents’ postponement request, granted a postponement to the appellant, and ordered a pre-hearing conference with updated expert minutes.
S v Ncube (A574/17) [2017] ZAGPPHC 796 (8 November 2017)
The High Court confirmed a theft conviction but set aside a 12-month prison sentence as too harsh, substituting a fine or wholly suspended imprisonment.
Izaane Trading and Investments CC v Minister of Trade and Industry and Another (89305/16) [2017] ZAGPPHC 693 (26 October 2017)
The court found that the Minister is empowered under section 13(3)(a) of the Liquor Act to propose reasonable and justifiable conditions for registration. However, once the applicant objects to a proposed condition, the Minister must finally determine the conditions and issue the prescribed forms NLA 8 and NLA 9, thereby completing the administrative process. The respondents failed to issue the complete NLA 8 form and the NLA 9 registration certificate, resulting in an unreasonable delay. The court distinguished the Marius Blom case, noting that while it held police clearance certificates are…
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Nongoma Commonage Community and Another v Regional Land Claims Commissioner, KwaZulu-Natal and Others (LCC52/2016) [2017] ZALCC 2 (28 March 2017)
The court found that the Applicants' restitution claim had been subject to an unreasonable and unlawful delay by the First Respondent, who failed to process and finalise the claim despite statutory and constitutional obligations. The Respondents' arguments regarding consolidation and the identity of the claimant were rejected based on documentary evidence and prior assurances. The Applicants are entitled to access all documents relating to their claim, the appointment of a valuer, and a report specifying steps and timeframes for finalisation. The Respondents' conduct warranted a costs order,…
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