South Africa Case Law

Premier of Eastern Cape Province and Another v Tikayo (PR225/2022)

Premier of Eastern Cape Province and Another v Tikayo (PR225/2022) [2024] ZALCPE 47; (2025) 46 ILJ 628 (LC) (29 November 2024)

Court

Labour Court Port Elizabeth

Case number

PR225/2022

Judge

Meyerowitz

The court found that the applicants, representing the Office of the Premier, failed to bring the review application within a reasonable time. The calculation of undue delay must be assessed from when the Office of the Premier, as a juristic entity, reasonably ought to have become aware of the alleged irregularity in Mr Tikayo's appointment as CFO. Evidence indicated that the irregularity was apparent as early as October 2019, if not earlier, and the application was only launched three years later without any reasonable explanation for the delay. The court held that such a significant delay is…

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• Undue Delay
• Self Review
• Public Service Regulations
• Appointment Of Public Officials
• Just And Equitable Remedy

Hamilton v Member of the Executive Council Responsible for Economic Development, Gauteng and Another (2023/049211)

Hamilton v Member of the Executive Council Responsible for Economic Development, Gauteng and Another (2023/049211) [2024] ZAGPPHC 566 (13 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/049211

Judge

Holland-Muter

The court found that the appointment of the applicant as GCEO was lawfully completed by the former MEC (Parks Tau) in accordance with the recommendation of the Board and the applicable recruitment policy (TPRST). The process was conducted with the knowledge and approval of the former MEC, and all procedural requirements were satisfied. The defences raised by the incoming MEC, including lack of mandate, non-communication, and the need for referral to the Provincial Executive Council, were rejected as lacking merit and not supported by statute or policy. The court held that the appointment was…

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• Appointment Of Public Officials
• Review Of Administrative Action
• Audi Alteram Partem
• Public Service Regulations
• Costs Award

K Malao Inc and Others v Minister of Transport and Others (43422/20)

K Malao Inc and Others v Minister of Transport and Others (43422/20) [2022] ZAGPPHC 172 (31 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

43422/20

Judge

Neukircher

The court held that the applicants, as firms of attorneys, failed to establish locus standi to challenge the appointment of the CEO of the Road Accident Fund. Their mandate is limited to representing clients in claims against the RAF, and they did not join any clients or provide mandates authorising them to act in this matter. The right to enforce judgments and costs lies with the plaintiff or judgment creditor, not the attorney. The applicants did not demonstrate any direct or substantial interest, nor did they show that their constitutional rights under sections 22 or 34 were infringed by t…

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• Locus Standi
• Section 34 Access To Courts
• Section 22 Trade And Profession
• Appointment Of Public Officials
• Contingency Fee Agreements
• Review Of Administrative Action

Helen Suzman Foundation and Another v Minister of Police and Others (23199/16)

Helen Suzman Foundation and Another v Minister of Police and Others (23199/16) [2017] ZAGPPHC 68; 2017 (1) SACR 683 (GP) (17 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

23199/16

Judges

P.M. Mabuse, N. Kollapen, S.A.M. Baqwa

The court held that the Minister's decision to appoint Major General Ntlemeza as National Head of the DPCI was irrational and unlawful. The Minister failed to ensure that all relevant considerations, particularly adverse judicial findings regarding Ntlemeza's integrity and honesty, were properly placed before the Interview Panel and Cabinet. The judgments of Matojane J constituted direct evidence of Ntlemeza's lack of fitness for office, and the Minister's disregard of these findings rendered the appointment process and decision irrational. The statutory requirement that the appointee be a fi…

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• Judicial Review
• Fit And Proper Person
• Irrationality
• Appointment Of Public Officials
• Rule Of Law

Helen Suzman Foundation and Another v Minister of Police and Others (23199/16)

Helen Suzman Foundation and Another v Minister of Police and Others (23199/16) [2016] ZAGPPHC 1191 (19 October 2016)

Court

North Gauteng High Court, Pretoria

Case number

23199/16

Judge

Tuchten

Urgent interim interdict application to stop the DPCI National Head from exercising powers pending review was dismissed for lack of irreparable harm.

• Fit And Proper Person
• Appointment Of Public Officials
• Judicial Review
• Interim Interdict
• Separation Of Powers
• Interim-interdict

Democratic Alliance v South African Broadcasting Corporation Soc Ltd and Others (12497/2014)

Democratic Alliance v South African Broadcasting Corporation Soc Ltd and Others (12497/2014) [2015] ZAWCHC 182; [2016] 1 All SA 504 (WCC); 2016 (3) SA 468 (WCC) (27 November 2015)

Court

Western Cape High Court, Cape Town

Case number

12497/2014

Judge

Davis

The High Court reviewed and set aside the Minister’s appointment of Hlaudi Motsoeneng as SABC COO, holding the decision irrational and unlawful.

• Principle Of Legality
• Public Protector Remedial Action
• Irrationality Of Executive Decision
• Appointment Of Public Officials
• Judicial Review
• Binding Effect Of Public Protector