South Africa Case Law

Combrink v South African Practical Shooting Association and Others (11595/2022)

Combrink v South African Practical Shooting Association and Others (11595/2022) [2024] ZAGPPHC 153 (8 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

11595/2022

Judge

HF Jacobs

The court found that the first respondent failed to comply with its own constitution regarding the initiation of disciplinary proceedings against the applicant. The required jurisdictional facts—specifically, a properly constituted and unanimous decision by the executive committee to institute proceedings against the applicant—were not present. The evidence showed that the decision was made against an unidentified individual and was not subsequently ratified in accordance with the constitution once the applicant's identity was known. The failure to supply requested information to the applican…

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• Promotion Of Administrative Justice Act
• Internal Remedies Exhaustion
• Jurisdictional Facts
• Disciplinary Proceedings
• Common Law Review

Famous Idea Trading 4 (Pty) Ltd t/a Dely Road Courier Pharmacy v Government Employees Medical Scheme and Others (B1205/2023)

Famous Idea Trading 4 (Pty) Ltd t/a Dely Road Courier Pharmacy v Government Employees Medical Scheme and Others (B1205/2023) [2024] ZAGPPHC 69 (5 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

B1205/2023

Judge

Ranchod

The court held that the decision by GEMS to award the tender for medical courier pharmacy services was a commercial decision by a private entity and did not constitute administrative action or the exercise of public power. The relationship between GEMS and its members is contractual, and its procurement decisions are not subject to judicial review under Rule 53 or common law. The court found that Rule 6(5)(d)(iii) may be invoked to raise a dispositive point of law in a Rule 53 review. As the impugned decision is not reviewable, GEMS is not obliged to deliver the record of decision. The review…

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• Rule 53 Review
• Private Procurement
• Jurisdiction
• Common Law Review
• Administrative Action
• Tender Award

Pityana v ABSA Group Limited and Others

Pityana v ABSA Group Limited and Others [2023] ZAGPPHC 342; 2024 (1) SA 491 (GP) (10 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

64258 / 2021

Judge

M Snyman, AJ

The court held that Rule 53 does not apply to a Companies Act section 71(5) review of a board’s director-removal decision, which is not administrative action.

• Removal Of Director
• Companies Act Section 71
• Uniform Rule 53
• Administrative Action Definition
• Common Law Review
• Rule-53

Nephawe and Another v Regional Land Claims Commissioner, Limpopo and Others (LCC 93/2010)

Nephawe and Another v Regional Land Claims Commissioner, Limpopo and Others (LCC 93/2010) [2013] ZALCC 8 (17 May 2013)

Court

Land Claims Court

Case number

LCC 93/2010

Judges

Sidlova, Mpshe

The Court found that the first respondent did take a decision to dismiss the Vhangona Nation land claim, as the exercise of statutory power under Rule 3 constitutes a reviewable decision. However, the provisions of PAJA do not apply because the decision was made before PAJA came into operation. The applicants failed to properly bring a review application under the Restitution Act, as they did not use the correct form or procedure, resulting in the absence of the record of proceedings necessary for the Court to determine compliance with Rule 3. Regarding the Nephawe Community claim, the Court…

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• Restitution Of Land Rights Act
• Judicial Review
• Administrative Action
• Common Law Review

De Lange v Ombudsman for the Long Term Insurance and Others (919/2011)

De Lange v Ombudsman for the Long Term Insurance and Others (919/2011) [2012] ZAECPEHC 45 (26 June 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

919/2011

Judge

Chetty

The High Court dismissed a review of an insurance ombudsman decision, holding that the ombudsman scheme was private and not PAJA administrative action.

• Insurance Policy Interpretation
• Judicial Review
• Administrative Action
• Common Law Review
• Judicial-review
• Administrative-action

Van Onselen v Mogalakwena Local Municipality and Another (JA32/02)

Van Onselen v Mogalakwena Local Municipality and Another (JA32/02) [2003] ZALAC 13; (2003) 24 ILJ 2145 (LAC) (30 September 2003)

Court

Labour Appeal Court

Case number

JA32/02

Judges

Jafta, Nicholson, Willis

The Labour Appeal Court dismissed an appeal challenging a disciplinary charge sheet, holding that no reviewable error of law was shown and that any procedural rights had been waived.

• Disciplinary Enquiry
• Waiver Of Procedural Rights
• Common Law Review
• Error Of Law
• Disciplinary-enquiry
• Waiver-of-procedural-rights