South Africa Case Law

Christelike Maatskaplike Raad Noord v Department of Social Development and Others (32944/2022)

Christelike Maatskaplike Raad Noord v Department of Social Development and Others (32944/2022) [2022] ZAGPPHC 763 (20 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

32944/2022

Judge

Millar

The court set aside the withdrawal of a child protection organisation’s designation, finding the Department failed to investigate properly and acted unfairly.

• Promotion Of Administrative Justice Act
• Child Protection Organisation Designation
• Procedural Fairness
• Ulterior Purpose
• Bad Faith
• Withdrawal Of Accreditation

Black Sash Trust v Minister of Social Development and Others (Freedom Under Law Intervening) (CCT48/17)

Black Sash Trust v Minister of Social Development and Others (Freedom Under Law Intervening) (CCT48/17) [2018] ZACC 36; 2018 (12) BCLR 1472 (CC) (27 September 2018)

Court

Constitutional Court

Case number

CCT48/17

Judges

Mogoeng, Zondo, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Petse, Theron

The Constitutional Court held Minister Bathabile Dlamini personally liable for 20% of costs after finding she failed to disclose material facts and acted in grossly negligent bad faith.

• Personal Costs Order
• Ministerial Liability
• Gross Negligence
• Bad Faith
• Separation Of Powers
• Public Administration Ethics

Heyneke v Umhlatuze Municipality (D908/09)

Heyneke v Umhlatuze Municipality (D908/09) [2010] ZALC 57; (2010) 31 ILJ 2608 (LC) (24 March 2010)

Court

Labour Court

Case number

D908/09

Judge

Pillay D

The court found that the municipality's decision to place the applicant on special leave was unlawful, as it was imposed without his consent and not at his instance, contrary to the employment contract, legislation, and policy. The special leave was a façade for a precautionary suspension pending disciplinary proceedings, motivated by bad faith and ulterior purpose. The municipality failed to apply its mind, acted unreasonably, irrationally, and disproportionately, and did not justify the necessity of the special leave or the investigation. The court held that the special leave prejudiced bot…

Source excerpt

• Special Leave
• Ulterior Motive
• Bad Faith
• Municipal Manager Employment
• Breach Of Contract
• Principle Of Legality