South Africa Case Law

Tonise and Others v Minister of Water and Sanitation and Others (1274/2022)

Tonise and Others v Minister of Water and Sanitation and Others (1274/2022) [2023] ZAECMKHC 68 (24 May 2023)

Court

Eastern Cape High Court, Makhanda

Case number

1274/2022

Judge

N G Beshe

The court found that the Minister's decision to terminate the applicants' appointments and dissolve the Amatola Water Board was not an executive action but constituted administrative action subject to the requirements of procedural fairness under PAJA. The Minister failed to provide evidence that he properly considered the applicants' submissions or engaged meaningfully with the allegations against them. The Rule 53 record did not contain the applicants' written submissions, and there was no substantiated link between the alleged dysfunctionality and any negative impact on water services. The…

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• Promotion Of Administrative Justice Act
• Legality Review
• Board Dissolution
• Ministerial Discretion
• Procedural Fairness

Vilakazi and Others v MEC responsible for Economic Development, Gauteng and Another

Vilakazi and Others v MEC responsible for Economic Development, Gauteng and Another [2023] ZAGPPHC 369; 2023-032601 (18 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-032601

Judge

Nyathi

The court found that the MEC's decision to dissolve the board and terminate the applicants' directorships was procedurally and substantively flawed. The MEC failed to obtain a shareholder's resolution as required by section 71 of the Companies Act, did not provide adequate opportunity for the applicants to make representations, and ignored the dispute resolution mechanism in the shareholder compact. The reasons advanced by the MEC for the dissolution were vague, inconsistent, and suggestive of ulterior motives, particularly the desire to appoint a predetermined candidate as CEO. The court dis…

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• Board Dissolution
• Ulterior Motive
• Interim Interdict
• Corporate Governance
• Removal Of Directors
• Public Power Abuse

Qwaqwa Radio v Salemane and Others (3696/2018)

Qwaqwa Radio v Salemane and Others (3696/2018) [2018] ZAFSHC 196 (6 December 2018)

Court

Free State High Court, Bloemfontein

Case number

3696/2018

Judge

Mhlambi

The High Court held that a 14 July 2018 meeting of Qwaqwa Radio was not lawfully convened, set aside its resolutions, and kept the prior board in office.

• Voluntary Association Governance
• Board Dissolution
• Special General Meeting
• Constitution Interpretation
• Locus Standi
• Non Profit Organizations Act

Madiba and Others v Minister of Arts and Culture and Others (9034/2016)

Madiba and Others v Minister of Arts and Culture and Others (9034/2016) [2017] ZAGPPHC 502; [2017] 4 All SA 111 (GP) (17 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

9034/2016

Judge

Tuchten

The court found that the Minister's decision to dissolve the Pan South Africa Language Board was lawful and reasonable. The Minister acted on reasonable grounds, including the Board's failure to fulfil its statutory mandate, poor leadership, disregard for fiscal and governance responsibilities, and unlawful summary dismissal of employees. The principle of audi alteram partem was satisfied by notifying the Board through its chairperson, who was statutorily authorised to represent the Board. The Board's conduct in dismissing employees was based on flawed legal advice procured by fraudulent conc…

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• Audi Alteram Partem
• Ministerial Discretion
• Board Dissolution
• Unfair Dismissal
• Public Finance Management
• Disciplinary Referral