South Africa Case Law

Majokweni and Others v Minister of Defence and Military Veterans and Others (21576/22)

Majokweni and Others v Minister of Defence and Military Veterans and Others (21576/22) [2022] ZAGPPHC 272 (3 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

21576/22

Judge

E van der Schyff

Urgent application by MSDS cadets to challenge withdrawal from training was struck from the roll for non-compliance and failure to exhaust internal remedies.

• Termination Of Service
• Internal Remedies Exhaustion
• Audi Alteram Principle
• Urgent Interdict
• Military Ombud Complaint
• Administrative-law

Public Protector and Others v President of the Republic of South Africa and Others (CCT 62/20)

Public Protector and Others v President of the Republic of South Africa and Others (CCT 62/20) [2021] ZACC 19; 2021 (9) BCLR 929 (CC); 2021 (6) SA 37 (CC) (1 July 2021)

Court

Constitutional Court

Case number

CCT 62/20

Judges

Mogoeng, Jafta, Madlanga, Mathopo, Mhlantla, Theron, Tshiqi, Victor

The Constitutional Court held that the Public Protector misconstrued the Executive Ethics Code by equating inadvertent misleading with wilful conduct, which is not supported by the Code’s wording. There was no evidence that the President personally benefitted from the CR17 campaign donations, and thus no duty to disclose arose under the Code. The Public Protector exceeded her jurisdiction by investigating matters not covered by the complaints and by relying on evidence not disclosed to the President, violating the audi alteram partem principle. The remedial actions taken were found to be unla…

Source excerpt

• Executive Members Ethics Act
• Public Protector Powers
• Remedial Action
• Audi Alteram Principle
• Disclosure Of Campaign Donations
• Constitutional Invalidity

Lepelle Northern Water Board and Others v Minister of Department of Human Settlement, Sanitation and Water and Others (23535/20)

Lepelle Northern Water Board and Others v Minister of Department of Human Settlement, Sanitation and Water and Others (23535/20) [2020] ZAGPPHC 199 (3 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

23535/20

Judge

Van der Schyff

The High Court struck an urgent application from the roll for lack of proper service and insufficient urgency, and ordered the applicants to pay costs.

• Urgency In Interdicts
• Proper Service Of Process
• Administrative Action Review
• Audi Alteram Principle
• Urgent-applications
• Service-of-process

Roberts v Taylor of Buckingham CC and Others (2008/21864)

Roberts v Taylor of Buckingham CC and Others (2008/21864) [2008] ZAGPHC 435 (28 November 2008)

Court

High Courts - Gauteng

Case number

2008/21864

Judge

P Blieden

The court held that section 346(4A) of the Companies Act imposes peremptory requirements for service of winding up applications on registered trade unions, employees, SARS, and the company itself. The applicant failed to comply with these requirements, particularly by not notifying any trade union and serving employees only minutes before the hearing. The court rejected the argument that such non-compliance is a mere formal defect, finding it to be a substantial failure to comply with statutory provisions. The audi alteram partem principle underpins the statutory requirement, ensuring that th…

Source excerpt

• Winding Up Of Close Corporations
• Service Of Process
• Compliance With Statutory Requirements
• Audi Alteram Principle