South Africa Case Law

Liberty Group Limited and Another v Valuation Appeal Board for City of Johannesburg and Others (2023/067833)

Liberty Group Limited and Another v Valuation Appeal Board for City of Johannesburg and Others (2023/067833) [2025] ZAGPJHC 700 (4 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/067833

Judge

Farber AJ

The court found that the Valuation Appeal Board failed to comply with its statutory and constitutional obligations as an administrative decision-making body. The Board did not properly assess or evaluate the competing expert evidence, nor did it provide adequate reasons for preferring the City's valuer over the owners' experts. The Board's reliance on information from unregistered leases in determining market value constituted a breach of section 46(3)(c) of the Municipal Property Rates Act. Furthermore, the Board's uncritical acceptance of the City's evidence and rejection of the owners' evi…

Source excerpt

• Promotion Of Administrative Justice Act
• Municipal Property Rates Act
• Valuation Review
• Bias In Administrative Decision
• Expert Evidence
• Market Value Determination

Dart v Chairperson of the DAC of Stellenbosch University and Others (6501/2020)

Dart v Chairperson of the DAC of Stellenbosch University and Others (6501/2020) [2021] ZAWCHC 8; [2021] 2 All SA 141 (WCC) (1 February 2021)

Court

Western Cape High Court, Cape Town

Case number

6501/2020

Judge

JH Loots

The court held that the applicant failed to establish any basis for review of the DAC's decisions. The DAC was not biased, complied with the relevant procedures, and acted within its powers. The applicant suffered no prejudice from the lack of transcript or inability to record proceedings, as he had access to the recordings. The DAC's consideration of additional information was permissible under its wide appeal powers. The findings and decisions of the DAC were rationally connected to the information before it and were not unreasonable. The increase in sanction to immediate expulsion was with…

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• Promotion Of Administrative Justice Act
• Disciplinary Proceedings
• Procedural Fairness
• Bias In Administrative Decision
• Review Of University Decisions

Gwiliza v Colleges of Medicine of South Africa and Another (30870/2017)

Gwiliza v Colleges of Medicine of South Africa and Another (30870/2017) [2020] ZAGPJHC 218 (1 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

30870/2017

Judge

Snyckers AJ

The court found that the applicant had perempted his right to review the September 2015 examination fail by agreeing to resolve the dispute through an ADR process brokered by the Public Protector, which resulted in a further re-mark. The applicant could not repudiate the outcome of this process and revert to reviewing the original decision. Even if peremption did not apply, the grounds for review advanced by the applicant were unsubstantiated. The allegations of bias against Professor Burns were wholly unfounded and lacked any factual basis. The claims of procedural unfairness were vague and…

Source excerpt

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Delay In Review
• Peremption
• Bias In Administrative Decision

Road Traffic Infringement Agency Board v Fines 4 U (Pty) Ltd and Another (30586/2014)

Road Traffic Infringement Agency Board v Fines 4 U (Pty) Ltd and Another (30586/2014) [2017] ZAGPPHC 140 (5 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

30586/2014

Judge

W R C Prinsloo

The High Court refused leave to appeal, finding no reasonable prospect of success on bias, irrationality, or remedy in an AARTO review matter.

• Legality Review
• Ultra Vires Administrative Action
• Bias In Administrative Decision
• Irrationality
• Remedies On Review
• Costs Award

Meara v Van der Merwe and Others (6444/2007)

Meara v Van der Merwe and Others (6444/2007) [2011] ZAWCHC 108 (21 June 2011)

Court

Western Cape High Court, Cape Town

Case number

6444/2007

Judge

S Oliver, AJ

The High Court reviewed and set aside a Review Board decision refusing building-plan approval, finding an error of law and a reasonable apprehension of bias.

• Building Standards Act
• Title Deed Restrictions
• Judicial Review
• Municipal Zoning
• Bias In Administrative Decision
• Bed And Breakfast Regulation

Freestate Steam & Electrical CC v Minister of Public Works and Others (7810/2008)

Freestate Steam & Electrical CC v Minister of Public Works and Others (7810/2008) [2008] ZAGPHC 256 (18 August 2008)

Court

High Courts - Gauteng

Case number

7810/2008

Judge

C Pretorius

The High Court granted limited discovery in urgent review proceedings, holding that exceptional circumstances justified applying Rule 35(13) to specific tender-related documents.

• Discovery In Motion Proceedings
• Exceptional Circumstances
• Review Of Tender Award
• Rule 35 Uniform Rules
• Bias In Administrative Decision
• Access To Information