South Africa Case Law

Brooks v Trustee of the Hillcrest Country and Others (D5081/2023)

Brooks v Trustee of the Hillcrest Country and Others (D5081/2023) [2025] ZAKZDHC 48 (21 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D5081/2023

Judge

Gwagwa AJ

The applicant failed to lodge his complaint within the prescribed period and did not apply for condonation for the late filing. The adjudicator's decision to dismiss the complaint was valid in law, as he was functus officio and lacked jurisdiction to consider the matter further. The grounds of appeal did not demonstrate a reasonable prospect of success, nor did they raise any compelling reason for the appeal to be heard. The principles set out in section 17(1) of the Superior Courts Act and relevant case law were not satisfied. Accordingly, leave to appeal must be refused.

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• Leave To Appeal
• Condonation
• Reasonable Prospect Of Success
• Administrative Review
• Late Filing

Mokoene and Another v Banda and Others (2025/048842)

Mokoene and Another v Banda and Others (2025/048842) [2025] ZAGPJHC 413 (23 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/048842

Judge

Noko

Urgent interim interdict granted to stop transfer of a Soweto property pending a departmental inquiry into how title was registered in the first respondent’s name.

• Conversion Of Rights To Leasehold
• Upgrading Of Land Tenure
• Administrative Review
• Interim Interdict
• Allocation Of Housing Rights
• Interim-interdict

Robertson v National Commissioner of the South African Police Services and Others (Appeal) (A291/2021)

Robertson v National Commissioner of the South African Police Services and Others (Appeal) (A291/2021) [2025] ZAGPPHC 361 (10 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

A291/2021

Judges

Myburgh, Kubushi, Mali

The majority held that the administrative authorities erred in refusing the renewal of the appellant's firearm licences solely on the basis that they were issued under section 15, without considering his dedicated hunter status and the possibility of renewal under section 16. The court found that the distinction between section 15 and section 16 licences is not material to the rights conferred by the licence itself, and that the renewal process should be governed by the applicant's status and motivation at the time of application. The counter application to review the 2009 decision was dismis…

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• Firearms Control Act
• Renewal Of Licences
• Administrative Review
• Statutory Interpretation
• Transitional Arrangements
• Separation Of Powers

Mashiyane and Others v Kekana and Others (2021/8960)

Mashiyane and Others v Kekana and Others (2021/8960) [2025] ZAGPJHC 715 (28 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/8960

Judge

WJ du Plessis

The High Court dismissed an application to cancel a title deed over a family home, holding that any attack on the transfer under the Conversion Act had to be brought by review.

• Conversion Act Transfer
• Intestate Succession
• Administrative Review
• Title Deed Cancellation
• Administrative-review
• Title-deed-cancellation

Sager v National Credit Regulator (NCT/318886/2024/59(1))

Sager v National Credit Regulator (NCT/318886/2024/59(1)) [2025] ZANCT 7 (21 February 2025)

Court

National Consumer Tribunal

Case number

NCT/318886/2024/59(1)

Judges

MC Peenze, N Maseti, S Hockey

The Tribunal held that NCR circulars limiting DHS editing access were administrative decisions under Chapter 2, not reviewable under section 59 of the NCA.

• National Credit Act
• Debt Counselling
• Administrative Review
• Conditions Of Registration
• Ultra Vires
• Procedural Fairness

Crossmed Health Centre (Pty) Ltd and Others v Yako (571/2019)

Crossmed Health Centre (Pty) Ltd and Others v Yako (571/2019) [2025] ZAECMKHC 42 (28 January 2025)

Court

Eastern Cape High Court, Makhanda

Case number

571/2019

Judge

Rugunanan

The High Court confirmed a provisional sequestration order against Dr Yako and dismissed multiple related reconsideration applications for non-joinder of interested parties.

• Business Rescue
• Sequestration
• Non Joinder
• Direct And Substantial Interest
• Administrative Review
• Fraudulent Diversion Of Funds

Kgasi v Vilane and Another (23667/2015)

Kgasi v Vilane and Another (23667/2015) [2024] ZAGPJHC 708 (1 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

23667/2015

Judge

WJ du Plessis

The court found that the leasehold rights held by Mr Vilane and the deceased were lawfully upgraded to ownership under the ULTRA, not under s 2 of the Conversion Act. Regulation 7 permits, such as the original green book held by Bertha, do not trigger the inquiry process under the Conversion Act, and the subsequent leasehold and ownership rights were acquired through statutory upgrading, not by administrative decision subject to review. The Gauteng Housing Act authorises adjudication of disputes but does not require an inquiry prior to upgrading. As there was no reviewable administrative deci…

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• Conversion Of Tenure
• Leasehold Rights
• Ultra Upgrade
• Administrative Review
• Family Home Claims

Cape Union Mart International (Pty) Ltd v Commissioner: Compensation Fund (A69/2023)

Cape Union Mart International (Pty) Ltd v Commissioner: Compensation Fund (A69/2023) [2024] ZAGPPHC 614 (19 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

A69/2023

Judges

R B Mkhabela, M P Kumalo

The High Court upheld Cape Union Mart’s appeal against a COIDA classification ruling and remitted the matter to the Commissioner for reclassification.

• Coida Classification
• Mandamus
• Administrative Review
• Assessment Basis
• Dominant Impression Test
• Costs Award

Norman Ndongeni v Thembisa Ndongeni and 3 Others (CA28/23)

Norman Ndongeni v Thembisa Ndongeni and 3 Others (CA28/23) [2024] ZAECMHC 8 (30 January 2024)

Court

Eastern Cape High Court, Mthatha

Case number

CA28/23

Judges

Nhlangulela, Majiki, Tilana-Mabece

The majority held that the appellant's PTO, issued by the competent authority and not set aside by a court, confers exclusive occupational rights to the property. The first respondent's failure to serve the counter-application on the third respondent and to invoke administrative review under PAJA was fatal to her challenge of the PTO's validity. The property was not registered in the mother's name, nor was it allotted to her, and the PTO did not extend occupational rights to siblings. The first respondent's claim to the property as a common home did not override the appellant's rights under t…

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• Permission To Occupy
• Eviction Under Pie Act
• Administrative Review
• Family Home Rights
• Old Order Legislation
• Customary Law Tenure

Tuup v Commissioner for the South African Revenue Service (VAT 22402)

Tuup v Commissioner for the South African Revenue Service (VAT 22402) [2024] ZATC 1; 87 SATC 265 (17 January 2024)

Court

Tax Court

Case number

VAT 22402

Judges

Bishop, P Surtees, T Ledwaba

The Court held that the appellant failed to properly plead an attack on the 12.5% cap imposed by SARS under the class ruling. Even if the attack had been properly pleaded, the cap is lawful, having been based on a detailed industry investigation and agreement with HESA, and serving to prevent distorted outcomes in VAT apportionment. The Head Lease and Sub-Lease are not separate taxable supplies but form a single composite arrangement for the provision of student accommodation, an exempt supply under the VAT Act. The expenditure under the Head Lease was not incurred for making taxable supplies…

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• Vat Apportionment
• Input Tax Deduction
• Vat Class Ruling
• Exempt Supplies
• Administrative Review