South Africa Case Law

Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (5441/20)

Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (5441/20) [2023] ZAWCHC 28; [2023] 2 All SA 256 (WCC); 2023 (4) SA 249 (WCC) (13 February 2023)

Court

Western Cape High Court, Cape Town

Case number

5441/20

Judge

Goliath

The court found that the abandonment provisions in section 22(12) and (13) of the Refugees Act, Regulation 9, and Form 3 are arbitrary and unconstitutional. They operate automatically, depriving asylum seekers and their children of protection without individualised consideration or due process, and violate the principle of non-refoulement and children's rights under the Constitution and international law. The respondents failed to demonstrate a rational connection between the limitations and their purported purpose of reducing administrative backlogs. The court held that less restrictive mean…

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• Non Refoulement
• Refugees Act
• Children Rights
• Bill Of Rights Limitation
• Best Interests Of Child
• Administrative Justice

Forge Packaging (Pty) Ltd v The Commissioner for the South African Revenue Service (21634/2021)

Forge Packaging (Pty) Ltd v The Commissioner for the South African Revenue Service (21634/2021) [2022] ZAWCHC 163 (26 August 2022)

Court

Western Cape High Court, Cape Town

Case number

21634/2021

Judge

Binns-Ward

The court held that the applicant failed to seek the required direction under section 105 of the Tax Administration Act to challenge the revised assessments by way of judicial review in the High Court. The applicant's reliance on PAJA was misplaced, as review proceedings in the High Court are only available exceptionally and not as of right. The Tax Court is competent to determine the legality of the assessments in the context of the pending appeal, and the applicant faces delay-related problems under PAJA that do not arise in the tax appeal. The discretion to grant a direction under section…

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• Tax Administration Act
• Judicial Review
• Leave To Appeal
• Internal Remedies
• Administrative Justice

Phanyane N.O. v Phanyane and Others (20/44545)

Phanyane N.O. v Phanyane and Others (20/44545) [2022] ZAGPJHC 481 (11 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

20/44545

Judge

M Olivier

The High Court held that a later-produced will was valid on its face, the Master lawfully withdrew the respondent’s authority, and the disputed title deed had to be cancelled.

• Estate Administration
• Letters Of Authority
• Will Validity
• Deeds Registries Act
• Removal Of Executor
• Administrative Justice

Samuel v National Credit Regulator (NCT/91811/2017159(1))

Samuel v National Credit Regulator (NCT/91811/2017159(1)) [2018] ZANCT 65 (26 May 2018)

Court

National Consumer Tribunal

Case number

NCT/91811/2017159(1)

Judge

Laura Best

The National Consumer Tribunal granted condonation to the National Credit Regulator for late filing of its answering affidavit, finding the delay plausibly explained.

• Condonation
• Late Filing
• Tribunal Rules
• Good Cause
• Administrative Justice
• Late-filing

KOS and Others v Minister of Home Affairs and Others (2298/2017)

KOS and Others v Minister of Home Affairs and Others (2298/2017) [2017] ZAWCHC 90; [2017] 4 All SA 468 (WCC); 2017 (6) SA 588 (WCC) (6 September 2017)

Court

Western Cape High Court, Cape Town

Case number

2298/2017

Judge

Binns-Ward

The court held that the Department of Home Affairs' refusal to process applications for alteration of sex description under the Alteration Act for persons married under the Marriage Act was unlawful and unconstitutional. The Alteration Act does not require divorce or deregistration of marriages as a precondition for relief, and the Department's conduct infringed the applicants' rights to administrative justice, equality, and dignity. The legislative framework does not contain a lacuna preventing relief; the Department's reliance on public or religious sensitivities and alleged data system lim…

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• Alteration Of Sex Description Act
• Marriage Act
• Civil Union Act
• Administrative Justice
• Equality And Non Discrimination
• Identity Documents

Jim Fung Industrial Limited v National Regulator for Compulsory and Another (21624/09)

Jim Fung Industrial Limited v National Regulator for Compulsory and Another (21624/09) [2011] ZAGPPHC 111 (27 May 2011)

Court

North Gauteng High Court, Pretoria

Case number

21624/09

Judges

Louw, Webster, Rabie

High Court costs and contempt ruling arising from a compulsory-specifications directive and destruction of electrical adaptor products.

• Compulsory Specifications
• Interim Interdict
• Contempt Of Court
• Costs Award
• Administrative Justice
• Administrative-law

Rabe KHH (Estate) v Director-General, Department of Water Affairs and Forestry (WT8/R1)

Rabe KHH (Estate) v Director-General, Department of Water Affairs and Forestry (WT8/R1) [2011] ZAWT 8 (1 January 2011)

Court

Water Tribunal

Case number

WT8/R1

Judge

E. Davey

The Water Tribunal upheld an appeal against refusal of a stream flow reduction licence for afforestation, finding the authority failed to apply its mind properly.

• Discretionary Power
• Water Use Licensing
• National Water Act
• Administrative Justice
• Catchment Management
• Administrative-law

Radio Pretoria v Chairperson of Independent Authority of South Africa (CCT 38/04)

Radio Pretoria v Chairperson of Independent Authority of South Africa (CCT 38/04) [2004] ZACC 24; 2005 (4) SA 319 (CC); 2005 (3) BCLR 231 (CC) (8 December 2004)

Court

Constitutional Court

Case number

CCT 38/04

The Constitutional Court held that although the application raised important constitutional issues regarding broadcasting regulation, freedom of expression, and administrative justice, the matter was moot. The temporary licence period had expired, and no review proceedings regarding the four-year licence had been initiated by Radio Pretoria. The Court found that a decision on the temporary licence would have no practical effect, as it would not enable Radio Pretoria to continue broadcasting or resolve the underlying dispute about the four-year licence. The interests of justice did not warrant…

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• Broadcasting Licensing
• Freedom Of Expression
• Judicial Review
• Mootness
• Administrative Justice

Fredericks and Others v MEC for Education and Training Eastern Cape and Others (CCT 27/01)

Fredericks and Others v MEC for Education and Training Eastern Cape and Others (CCT 27/01) [2001] ZACC 6; 2002 (2) BCLR 113 (CC); 2002 (2) SA 693 (CC); [2002] 2 BLLR 119 (CC); (2002) 23 ILJ 81 (CC) (4 December 2001)

Court

Constitutional Court

Case number

CCT 27/01

Judges

O'Regan, Chaskalson, Langa, Ackermann, Kriegler, Madala, Mokgoro, Sachs, Yacoob, Du Plessis, Skweyiya

The Constitutional Court held that the applicants' claim, based on alleged infringements of constitutional rights to equality and administrative justice, raised a constitutional matter. Section 24 of the Labour Relations Act does not oust the jurisdiction of the High Court to determine constitutional matters, as the CCMA is not a court of similar status to the High Court. The Labour Court's exclusive jurisdiction under section 157(1) is limited to matters expressly assigned to it by the Act, and section 157(2) provides for concurrent jurisdiction with the High Court in constitutional matters…

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• Jurisdiction Of High Court
• Collective Agreements
• Constitutional Rights In Employment
• Administrative Justice
• Equality
• Labour Relations Act Interpretation

Associated Institutions Pension Fund v Le Roux and Others (196/2000)

Associated Institutions Pension Fund v Le Roux and Others (196/2000) [2001] ZASCA 70; [2002] 1 All SA 261 (A); 2001 (4) SA 262 (SCA) (30 May 2001)

Court

Supreme Court of Appeal

Case number

196/2000

Judges

Vivier, Harms, Zulman, Cameron, Mthiyane

The Supreme Court of Appeal held that the transfer regulations contemplated the use of actuarial methods and expertise in determining the benefits to be credited to departing pension fund members. The actuary was required to make assumptions in respect of contingencies, including unreliable membership data, and acted reasonably and lawfully in applying a 7.5% data loading factor. The regulations did not require the actuary to wait for accurate membership figures, and the determination was made within a reasonable time using appropriate professional methodology. The court found no basis to set…

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• Actuarial Assumptions
• Statutory Interpretation
• Administrative Justice
• Pension Fund Transfer
• Procedural Fairness