South Africa Case Law

Jacobus Nicolaas van Coller t/a JN van Coller Boerdery v The Member of the Executive Council for Economic, Small Business Development, Tourism and Environmental Affairs, Free State and Another (5750/2024)

Jacobus Nicolaas van Coller t/a JN van Coller Boerdery v The Member of the Executive Council for Economic, Small Business Development, Tourism and Environmental Affairs, Free State and Another (5750/2024) [2025] ZAFSHC 191 (26 June 2025)

Court

Free State High Court, Bloemfontein

Case number

5750/2024

Judges

Mhlambi, Ntanga

The court found that the respondents failed to afford the applicant an opportunity to make representations regarding the identity of the applicant in the s 24G application, resulting in procedural unfairness. The conflicting information in the application forms created ambiguity as to whether the applicant was an individual or a firm, and the respondents did not resolve this by inviting further representations. The Constitution and PAJA require administrative action to be procedurally fair, and the respondents' failure to do so rendered their decision reviewable. The court declined to substit…

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• National Environmental Management Act
• Administrative Fines
• Procedural Fairness
• Promotion Of Administrative Justice Act
• Judicial Review
• Audi Alteram Partem

National Credit Regulator v Collectnet PDA (Pty) Ltd (NCT/267892/2023/55(6))

National Credit Regulator v Collectnet PDA (Pty) Ltd (NCT/267892/2023/55(6)) [2024] ZANCT 64 (17 October 2024)

Court

National Consumer Tribunal

Case number

NCT/267892/2023/55(6)

Judges

S Hockey, A Potwana, CJ Ntsoane

The Tribunal found, on a balance of probabilities, that the respondent failed to comply with most requirements of the compliance notice issued by the NCR. The respondent's denials were largely unsupported by evidence, and its attempts at compliance were either inadequate, misconstrued, or out of time. The respondent continued to use an unlawful bank account, failed to distribute funds within the required timeframe, inaccurately reported transactions, and did not appoint an independent service provider as required. The Tribunal concluded that these repeated contraventions constituted prohibite…

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• National Credit Act Compliance
• Payment Distribution Agents
• Trust Account Requirements
• Administrative Fines
• Prohibited Conduct
• Registration Cancellation

National Consumer Commission v Vodacom (Pty) Ltd (NCT/260497/2023/73(2)(b))

National Consumer Commission v Vodacom (Pty) Ltd (NCT/260497/2023/73(2)(b)) [2023] ZANCT 44 (13 October 2023)

Court

National Consumer Tribunal

Case number

NCT/260497/2023/73(2)(b)

Judges

S Hockey, M Peenze, A Potwana

The Tribunal found Vodacom breached the Consumer Protection Act on cancellation penalties, delayed cancellations, unconscionable conduct, and misleading marketing, and imposed a R1 million fine.

• Consumer Protection Act
• Fixed Term Contracts
• Cancellation Penalties
• Unconscionable Conduct
• Marketing Misrepresentation
• Administrative Fines

National Credit Regulator v Dacqup Finances CC trading as ABC Financial Services - Pinetown and Another (382/2021)

National Credit Regulator v Dacqup Finances CC trading as ABC Financial Services - Pinetown and Another (382/2021) [2022] ZASCA 104 (24 June 2022)

Court

Supreme Court of Appeal

Case number

382/2021

Judges

Makgoka, Nicholls, Gorven, Phatshoane, Savage

The Supreme Court of Appeal held that the National Credit Regulator had a reasonable suspicion to initiate an investigation into Dacqup's activities, based on the inspector's observations of the 'instant loans' signage and the disclosure of a 30% monthly interest rate, both of which suggested possible contraventions of the National Credit Act. The Court found that the high court erred by conflating reasonable suspicion with prima facie evidence and by setting the threshold for initiating a complaint too high. The regulatory context and the protective purpose of the NCA justify a low bar for i…

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• National Credit Act
• Reasonable Suspicion
• Administrative Fines
• Auditor Appointment
• Consumer Protection

South African Fraud Prevention Service v National Credit Regulator (A660/2016)

South African Fraud Prevention Service v National Credit Regulator (A660/2016) [2017] ZAGPPHC 1079 (17 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

A660/2016

Judges

Vuma, Baqwa

The High Court held that fraud-related records kept by a credit bureau were not consumer credit information under the National Credit Act and need not be expunged under regulation 17.5.

• National Credit Act
• Credit Bureau Regulation
• Expungement Of Consumer Information
• Administrative Fines
• Interpretation Of Statutes
• National-credit-act

Impala Platinum Limited v Mothiba NO and Others (JR2567/13)

Impala Platinum Limited v Mothiba NO and Others (JR2567/13) [2016] ZALCJHB 355; (2017) 38 ILJ 636 (LC) (16 September 2016)

Court

Labour Court Johannesburg

Case number

JR2567/13

Judge

Lagrange

The Labour Court set aside a R1 million MHSA fine because the mine was not told about material later relied on, making the process procedurally unfair under PAJA.

• Procedural Fairness
• Mine Health And Safety Act
• Promotion Of Administrative Justice Act
• Administrative Fines
• Procedural-fairness
• Administrative-fines

Glencore Operations South Africa Proprietary Limited Coal Division v Minister of Mineral Resources and Others (JR 91/2014)

Glencore Operations South Africa Proprietary Limited Coal Division v Minister of Mineral Resources and Others (JR 91/2014) [2016] ZALCJHB 31; (2016) 37 ILJ 966 (LC) (3 February 2016)

Court

Labour Court Johannesburg

Case number

JR 91/2014

Judge

Venter

The Labour Court reviewed and set aside an administrative fine process under the MHSA, finding bias and procedural unfairness in the decision-making process.

• Promotion Of Administrative Justice Act
• Mine Health And Safety Act
• Administrative Fines
• Procedural Fairness
• Bias And Impartiality
• Administrative-law

National Credit Regulator v Van Dyk (NCT/2017/2011/57(1)(P))

National Credit Regulator v Van Dyk (NCT/2017/2011/57(1)(P)) [2012] ZANCT 1 (18 January 2012)

Court

National Consumer Tribunal

Case number

NCT/2017/2011/57(1)(P)

Judges

T Woker, D Terblanche, X May

The Tribunal found a debt counsellor repeatedly breached the National Credit Act and her registration conditions, cancelled her registration, and ordered refunds.

• National Credit Act
• Debt Counsellor Registration
• Prohibited Conduct
• Administrative Fines
• Refund Of Fees
• National-credit-act

Pretoria Timber Treaters CC v Mosunkuto N.O. (53710/2008)

Pretoria Timber Treaters CC v Mosunkuto N.O. (53710/2008) [2009] ZAGPPHC 326 (22 September 2009)

Court

North Gauteng High Court, Pretoria

Case number

53710/2008

Judge

Mothle AJ

The Applicant failed to discharge the onus of proving that the Respondent acted unlawfully, unreasonably, or procedurally unfairly in imposing the administrative fine. The Respondent provided adequate reasons for the decision, including the calculation protocol and guidelines, which were uncontested by the Applicant. The Applicant did not file a replying affidavit or supplementary affidavit to challenge the Respondent's evidence. Applying the principles from Plascon Evans, the uncontested facts and evidence support the lawfulness and reasonableness of the Respondent's decision. The applicatio…

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• Promotion Of Administrative Justice Act
• Environmental Impact Assessment
• Administrative Fines
• Rectification Application