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South Africa Case Law

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Administrative Law [2021] ZAWT 1

African Realty Trust (Pty) Ltd v Acting Director-General Department of Water and Sanitation (WT03/20/LMP)

African Realty Trust (Pty) Ltd v Acting Director-General Department of Water and Sanitation (WT03/20/LMP) [2021] ZAWT 1 (9 March 2021)

Water Tribunal upheld an appeal against refusal of a water use licence for two holding dams, finding the decision relied on outdated information and ignored expert evidence.

  • Water Use Licensing
  • National Water Act
  • Environmental Authorisation
  • Administrative Reasonableness
  • Balancing Storage Dams
  • Compulsory Licensing
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Constitutional Law [2017] ZAGPPHC 923

Thubakgale and Others v Ekurhuleni Metropolitan Municipality and Others (39602/2015)

Thubakgale and Others v Ekurhuleni Metropolitan Municipality and Others (39602/2015) [2017] ZAGPPHC 923; 2018 (6) SA 584 (GP) (15 December 2017)

The court found that the respondents breached the applicants' constitutional right of access to adequate housing by failing to allocate stands and houses to them despite their approved housing subsidies. The allocation of stands to other individuals was not in accordance with the National Housing Code or the Housing Act. The respondents' explanations regarding dummy numbers and administrative errors were not justifiable, and their delay in providing housing was unreasonable. The court held that the applicants, as approved beneficiaries, were entitled to transfer of the properties and that the…

  • Right Of Access To Housing
  • Housing Subsidy Allocation
  • Progressive Realisation Of Rights
  • National Housing Code
  • Administrative Reasonableness
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Constitutional Law [2009] ZACC 32

Head of Department : Mpumalanga Department of Education and Another v Hoërskool Ermelo and Another (CCT40/09)

Head of Department : Mpumalanga Department of Education and Another v Hoërskool Ermelo and Another (CCT40/09) [2009] ZACC 32; 2010 (2) SA 415 (CC) ; 2010 (3) BCLR 177 (CC) (14 October 2009)

The Constitutional Court held that, while the Head of Department has the power under section 22(1) of the Schools Act to withdraw a governing body's function to determine language policy on reasonable grounds, this power is not absolute and must be exercised in accordance with constitutional values and procedural fairness. The Court found that the Head of Department unlawfully conflated the powers under sections 22 and 25 by appointing an interim committee to determine language policy, as section 25 only applies where a governing body has ceased or failed to perform its functions, which was n…

  • Language Policy In Education
  • Section 29 Right To Education
  • School Governance
  • Administrative Reasonableness
  • Procedural Fairness
  • Constitutional Remedies
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Administrative Law [2008] ZAGPHC 315

HT De Jager Properties CC v National Home Builders Registration Council (30954/2006)

HT De Jager Properties CC v National Home Builders Registration Council (30954/2006) [2008] ZAGPHC 315 (1 February 2008)

The High Court reviewed and set aside NHBRC decisions requiring guarantees for late enrolment of a housing project, finding the demand unreasonable.

  • Housing Consumers Protection Measures Act
  • Late Enrolment Of Building Projects
  • Administrative Reasonableness
  • Risk Management
  • Guarantees And Sureties
  • Administrative-law
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Intellectual Property [2007] ZAGPHC 48

SNT (Pty) Limited v Commissioner of the South African Revenue Services and Others (3917/2007)

SNT (Pty) Limited v Commissioner of the South African Revenue Services and Others (3917/2007) [2007] ZAGPHC 48; 2007 BIP 189 (T) (3 April 2007)

The High Court upheld customs detention of soccer balls bearing the PELE mark, finding prima facie grounds of counterfeiting and well-known mark protection.

  • Trade Mark Infringement
  • Counterfeit Goods Act
  • Customs Detention
  • Well Known Mark Protection
  • Administrative Reasonableness
  • Section 15 Application
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.