South Africa Case Law

Montjane v MEC Department of Economic Development Environmental and Tourism Limpopo and Others (3734/2023)

Montjane v MEC Department of Economic Development Environmental and Tourism Limpopo and Others (3734/2023) [2025] ZALMPPHC 119 (23 June 2025)

Court

Limpopo High Court, Polokwane

Case number

3734/2023

Judge

Kganyago

The court found that the applicant's relief, seeking reinstatement as a board member and deputy chairperson, would necessarily affect the rights and interests of the current incumbents, Adv Mahumani and Ms Sethume. Section 5(2) of the new Act prescribes the board's composition, and all positions are filled. Granting the relief without joining these parties would prejudice their legal interests. The test for non-joinder is whether a party has a direct and substantial interest in the outcome, and both Adv Mahumani and Ms Sethume meet this criterion. The point in limine of non-joinder was upheld…

Source excerpt

• Promotion Of Administrative Justice Act
• Non Joinder
• Review Of Administrative Action
• Board Appointments

Madyibi and Another v Minister of Water and Sanitation and Others (939/2020)

Madyibi and Another v Minister of Water and Sanitation and Others (939/2020) [2024] ZAECMKHC 126 (19 November 2024)

Court

Eastern Cape High Court, Makhanda

Case number

939/2020

Judge

Zono AJ

The High Court dismissed a review challenging the termination of Amatola Water Board memberships, finding the appointments had not complied with statutory nomination requirements.

• Legality Of Administrative Action
• Water Services Act
• Board Appointments
• Termination Of Membership
• Administrative-law
• Legality

MEC responsible for Economic Development, Gauteng v Vilakazi and Others (2023-032601)

MEC responsible for Economic Development, Gauteng v Vilakazi and Others (2023-032601) [2023] ZAGPPHC 686 (14 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-032601

Judge

E van der Schyff

The court found that the May 2023-order is interim in nature and does not have the effect of a final judgment. It merely reinstates the respondents as directors pending the outcome of the review and does not finally determine the rights of the parties or dispose of substantial relief. The applicant failed to establish exceptional circumstances warranting suspension of the order under section 18(2) of the Superior Courts Act. The breakdown of trust and ongoing disputes between the parties do not constitute exceptional circumstances, especially given the applicant's prior acquiescence to the or…

Source excerpt

• Interim Relief
• Suspension Of Execution
• Board Appointments
• Review Of Administrative Action

Makhanya v Minister of Water Affairs and Sanitation and Others (1578/2016P; 3861/2016P)

Makhanya v Minister of Water Affairs and Sanitation and Others (1578/2016P; 3861/2016P) [2016] ZAKZPHC 110 (8 December 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1578/2016P; 3861/2016P

Judge

Mbatha

The High Court corrected an ambiguous prior order, set aside invalid board-term extensions and disciplinary steps, and awarded costs to the applicant.

• Review Of Administrative Action
• Setting Aside Invalid Decisions
• Rule 42 Correction Of Orders
• Disciplinary Proceedings
• Board Appointments
• Administrative-law