South Africa Case Law

Health Justice Initiative v Minister of Health and Another (10009/22)

Health Justice Initiative v Minister of Health and Another (10009/22) [2023] ZAGPPHC 689 (17 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

10009/22

Judge

Millar

The court found that the respondents failed to provide adequate, evidence-based reasons for refusing access to the requested records. Blanket reliance on confidentiality clauses was rejected, as government entities are constitutionally obliged to act transparently and accountably, and cannot contract out of these obligations. The respondents did not demonstrate any real or probable harm to future commercial interests or negotiations. The argument of non-joinder was dismissed as self-serving, since the respondents themselves withheld the identities of third parties. The court held that the pub…

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• Promotion Of Access To Information Act
• Public Procurement Transparency
• Confidentiality Clauses
• Public Interest Override
• Constitutional Accountability
• Government Contracts

Kgoantha, Molekoa Families and Others v Minister of Agriculture, Land Reform and Rural Development and Others (LCC 2019/139)

Kgoantha, Molekoa Families and Others v Minister of Agriculture, Land Reform and Rural Development and Others (LCC 2019/139) [2021] ZALCC 24 (30 September 2021)

Court

Land Claims Court

Case number

LCC 2019/139

Judge

Spilg

The court found that the applicants' uncontested evidence established serious failures by the RLCC and CPA, including misleading conduct, lack of transparency, and non-compliance with constitutional and statutory duties. The RLCC failed to process the applicants' land claim properly, allowed the formation of a CPA excluding rightful claimants, and ignored court orders requiring investigation and reporting. These actions infringed the applicants' rights under the Restitution Act and the Constitution. The court held that accountability and transparency are mandatory for organs of State, and tha…

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• Restitution Of Land Rights Act
• Constitutional Accountability
• Procedural Fairness
• Communal Property Association Act
• Failure To Comply With Court Order

eThekwini Municipality and Others v Westwood Insurance Brokers Proprietary Limited (AR230/2018)

eThekwini Municipality and Others v Westwood Insurance Brokers Proprietary Limited (AR230/2018) [2020] ZAKZPHC 2 (31 January 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR230/2018

Judges

Vahed, Olsen, Masipa

The appeal succeeded because the court a quo erred in making adverse personal costs orders against municipal officials who were not joined as parties to the proceedings and were not afforded a fair opportunity to respond. The issues of personal costs liability were not raised in the pleadings or affidavits and were introduced mero motu by the court, contrary to established principles of judicial restraint and party presentation. The process adopted failed to meet the requirements of joinder and fair hearing, as the affected officials were not given adequate notice, opportunity to participate,…

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• Public Procurement
• Personal Costs Orders
• Joinder
• Review Of Administrative Action
• Constitutional Accountability

Democratic Alliance v Public Protector; Council for the Advancement of the South African Constitution v Public Protector (11311/2018; 13394/2018)

Democratic Alliance v Public Protector; Council for the Advancement of the South African Constitution v Public Protector (11311/2018; 13394/2018) [2019] ZAGPPHC 349; [2019] 4 All SA 79 (GP) (15 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

11311/2018; 13394/2018

Judge

RG Tolmay

The High Court awarded costs against the Public Protector in both official and personal capacities, finding gross negligence in the Estina investigation.

• Personal Costs Orders
• Public Official Liability
• Punitive Costs
• Constitutional Accountability
• Public Protector Act
• Gross Negligence

Equal Education and Another v Minister of Basic Education and Others (276/2016)

Equal Education and Another v Minister of Basic Education and Others (276/2016) [2018] ZAECBHC 6; [2018] 3 All SA 705 (ECB); 2018 (9) BCLR 1130 (ECB); 2019 (1) SA 421 (ECB) (19 July 2018)

Court

Eastern Cape High Court, Bhisho

Case number

276/2016

Judge

N Msizi

The Court held that regulation 4(5)(a) of the Regulations unlawfully limits the right to basic education by making the implementation of minimum norms and standards subject to the resources and cooperation of other government agencies. This qualification undermines the immediacy and enforceability of the right, renders government unaccountable, and is inconsistent with the Constitution, SASA, and the 2013 court order. The Minister failed to justify the limitation under section 36 of the Constitution and did not provide a rational basis for the prioritisation and exclusion mechanisms in the re…

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• Right To Basic Education
• School Infrastructure
• Judicial Review Of Regulations
• Constitutional Accountability
• Cooperative Governance
• Limitation Of Rights

Westwood Insurance Brokers (Pty) Ltd v Ethekwini Municipality and Others (8221/16)

Westwood Insurance Brokers (Pty) Ltd v Ethekwini Municipality and Others (8221/16) [2017] ZAKZDHC 15 (5 April 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

8221/16

Judge

D Pillay

The court found that the decision to award the tender for water leak insurance to South West Brokers was not merely irrational but bizarre, as South West failed to comply with the core requirement of providing underwriting insurance for water leaks and instead submitted professional indemnity insurance. The procurement process was fundamentally flawed, with officials and committees failing to exercise independent judgment, disregarding clear legal advice, and neglecting their constitutional and statutory duties. The court held that all participants who contributed to the unlawful award, inclu…

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• Public Procurement
• Municipal Supply Chain Management
• Irrational Decision Making
• Personal Costs Orders
• Misrepresentation In Tender
• Constitutional Accountability

MEC: Department of Police, Roads and Transport, Free State Provincial Government v Terra Graphics (Pty) Ltd t/a Terra Works and Another (483/2013)

MEC: Department of Police, Roads and Transport, Free State Provincial Government v Terra Graphics (Pty) Ltd t/a Terra Works and Another (483/2013) [2015] ZASCA 116; [2015] 4 All SA 255 (SCA); 2016 (3) SA 130 (SCA) (10 September 2015)

Court

Supreme Court of Appeal

Case number

483/2013

Judges

Navsa, Ponnan, Leach, Saldulker, Zondi

The SCA held that the Free State Province could not rely on alleged budgetary and legality defects to avoid paying for approved road rehabilitation services.

• Public Finance Management Act
• Privity Of Contract
• Unjust Enrichment
• Government Tender Disputes
• Specific Performance
• Constitutional Accountability

Strata International (Pty) Ltd and Another v Ekurhuleni Metropolitan Municipality (79/2014)

Strata International (Pty) Ltd and Another v Ekurhuleni Metropolitan Municipality (79/2014) [2015] ZASCA 47 (26 March 2015)

Court

Supreme Court of Appeal

Case number

79/2014

Judges

Navsa, Leach, Saldulker, Van der Merwe, Meyer

The Supreme Court of Appeal held that municipal resolutions to dispose of land, adopted without required public participation and transparency, created no enforceable rights.

• Alienation Of Municipal Property
• Public Participation
• Municipal Finance Management Act
• Local Government Ordinance
• Constitutional Accountability
• Alienation-of-municipal-property

Minister of Safety and Security v Van Duivenboden (209/2001)

Minister of Safety and Security v Van Duivenboden (209/2001) [2002] ZASCA 79; [2002] 3 All SA 741 (SCA); 2002 (6) SA 431 (SCA) (22 August 2002)

Court

Supreme Court of Appeal

Case number

209/2001

Judges

Howie, Marais, Nugent, Heher, Lewis

SCA held police liable for failing to act on information about a man’s unsafe firearm possession, finding a legal duty, negligence, and causation.

• Negligent Omission
• Duty Of Care
• Vicarious Liability
• Constitutional Accountability
• Causation
• Arms And Ammunition Act