South Africa Case Law

Kwinana v Chairperson of Disciplinary Inquiry Instituted by tSouth African Institute of Chartered Accountants and Another (2023/091726)

Kwinana v Chairperson of Disciplinary Inquiry Instituted by tSouth African Institute of Chartered Accountants and Another (2023/091726) [2025] ZAGPJHC 735 (12 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/091726

Judge

WJ du Plessis

The court held that SAICA, although a private body, exercises public power when regulating the accounting profession and enforcing professional standards. Its disciplinary decisions, including the exclusion of a member and imposition of fines, have direct, external legal effects and thus constitute administrative action under PAJA. The applicant was obliged to bring her review under PAJA, not common law. The application was filed outside the 180-day period prescribed by PAJA, and no condonation was sought. Even if the delay were overlooked, the review failed on the merits. The disciplinary pr…

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• Promotion Of Administrative Justice Act
• Review Of Private Regulatory Body
• Procedural Fairness
• Bias And Impartiality
• Jurisdiction Of Professional Body
• Proportionality Of Sanctions

Du Toit v Human N.O. and Others (3063/2023)

Du Toit v Human N.O. and Others (3063/2023) [2023] ZAWCHC 270 (2 November 2023)

Court

Western Cape High Court, Cape Town

Case number

3063/2023

Judges

Allie, Cloete

High Court review of Stellenbosch University disciplinary expulsion dismissed; the court upheld the CDC and DAC findings and sanctions.

• Promotion Of Administrative Justice Act
• Disciplinary Procedure
• Bias And Impartiality
• Hearsay Evidence
• Student Misconduct
• Right To Dignity

S.H.G v T.S.P and Others (1622/23P)

S.H.G v T.S.P and Others (1622/23P) [2023] ZAKZDHC 82 (31 August 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

1622/23P

Judge

WAJ Nicholson

The court dismissed an interlocutory application to reinstate a discharged domestic violence interim order, finding no substantiated bias by the magistrate.

• Domestic Violence Act
• Interim Protection Order
• Recusal Of Magistrate
• Rule Nisi
• Costs Punitive
• Bias And Impartiality

Lotter v Road Accident Fund Appeal Tribunal and Others

Lotter v Road Accident Fund Appeal Tribunal and Others [2023] ZAGPPHC 420; 4035/2019 (26 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

4035/2019

Judge

Noko MV

The court found that the Appeal Tribunal's decision was based on irrelevant considerations, notably the reliance on an orthopaedic surgeon's report for psychological injuries. The panel was improperly constituted, lacking expertise in psychiatry, which was necessary given the nature of the applicant's injuries. The Tribunal failed to provide the applicant with a fair opportunity to challenge the panel's composition and did not allow for further assessment when the RAF 4 report was disputed. The process was tainted by bias, as the Tribunal appeared to favour the Road Accident Fund and did not…

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• Road Accident Fund Act
• Serious Injury Assessment
• Review Of Administrative Action
• Panel Composition
• Bias And Impartiality
• Condonation

Dyanti v Rhodes University and Others (1604A/18)

Dyanti v Rhodes University and Others (1604A/18) [2020] ZAECGHC 34 (26 March 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

1604A/18

Judge

Nhlangulela

High Court review of Rhodes University disciplinary findings rejected. The court upheld the conviction, permanent exclusion, and costs order.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Bias And Impartiality
• Internal Review Rights
• Disciplinary Proceedings
• Proportionality Of Sanction

S v Moloi (R159/2019, A3/19)

S v Moloi (R159/2019, A3/19) [2019] ZAFSHC 211 (17 October 2019)

Court

Free State High Court, Bloemfontein

Case number

R159/2019, A3/19

Judges

Naidoo, Ramlal

The High Court set aside a conviction after finding the trial magistrate should have recused himself because prior involvement created a reasonable apprehension of bias.

• Recusal Of Judicial Officer
• Fair Trial Rights
• Bias And Impartiality
• Criminal Review Procedure
• Magistrate-recusal
• Reasonable-apprehension-of-bias

Malizana and Others v Magistrate of the Regional Court for the Regional Division of Strand, Western Cape and Another (16165/18)

Malizana and Others v Magistrate of the Regional Court for the Regional Division of Strand, Western Cape and Another (16165/18) [2019] ZAWCHC 81 (25 June 2019)

Court

Western Cape High Court, Cape Town

Case number

16165/18

Judges

M Sher, P Goliath

The High Court held that an order remitting a criminal trial to the magistrate was not appealable and struck the leave to appeal application from the roll.

• Recusal Of Judicial Officer
• Appealability Of Orders
• Bias And Impartiality
• Uncompleted Criminal Proceedings
• Appealability-of-orders
• Judicial-recusal

Kruse v S (A100/2018)

Kruse v S (A100/2018) [2018] ZAWCHC 105; [2019] 4 All SA 287 (WCC) (27 August 2018)

Court

Western Cape High Court, Cape Town

Case number

A100/2018

Judges

Ndita, Davis

Appeal upheld after the court found a deaf, mute accused was denied a fair trial through inadequate interpretation, refusal of evidence, and judicial bias.

• Fair Trial Rights
• Interpreters In Criminal Proceedings
• Disability Accommodation
• Constitutional Rights
• Bias And Impartiality
• Dignity Of Accused

Glencore Operations South Africa Proprietary Limited Coal Division v Minister of Mineral Resources and Others (JR 91/2014)

Glencore Operations South Africa Proprietary Limited Coal Division v Minister of Mineral Resources and Others (JR 91/2014) [2016] ZALCJHB 31; (2016) 37 ILJ 966 (LC) (3 February 2016)

Court

Labour Court Johannesburg

Case number

JR 91/2014

Judge

Venter

The Labour Court reviewed and set aside an administrative fine process under the MHSA, finding bias and procedural unfairness in the decision-making process.

• Promotion Of Administrative Justice Act
• Mine Health And Safety Act
• Administrative Fines
• Procedural Fairness
• Bias And Impartiality
• Administrative-law

Hardy and Another v Jeremy Delport Construction CC and Others (2224/14)

Hardy and Another v Jeremy Delport Construction CC and Others (2224/14) [2015] ZAECPEHC 6 (24 February 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2224/14

Judge

MN Hinana

The court dismissed an application to set aside an arbitration agreement or remove an arbitrator because the second respondent had not been properly served.

• Service Of Process
• Removal Of Arbitrator
• Arbitration Agreement
• Proper Service
• Bias And Impartiality
• Service-of-process