South Africa Case Law

N Wandlamhari Communal Property Association and Another v Mathebula and Others (LanC89/2019B)

N Wandlamhari Communal Property Association and Another v Mathebula and Others (LanC89/2019B) [2025] ZALCC 30 (18 July 2025)

Court

Land Claims Court

Case number

LanC 89/2019B

Judge

Bishop

The Land Court interdicted an urgently called NCPA AGM, finding it was not convened in compliance with clause 15.1.3 of the association constitution.

• Communal Property Association Governance
• Annual General Meeting Procedure
• Interdictory Relief
• Constitutional Compliance
• Beneficiary Verification
• Standing And Authority

National Education, Health and Allied Workers Union (NEHAWU) and Another v National Home Builders Registration Council (NHBRC) and Others (2024-146579)

National Education, Health and Allied Workers Union (NEHAWU) and Another v National Home Builders Registration Council (NHBRC) and Others (2024-146579) [2024] ZALCJHB 512; [2025] 5 BLLR 525 (LC) (23 December 2024)

Court

Labour Court Johannesburg

Case number

2024-146579

Judge

Prinsloo

The Court found that the appointment of the Second Respondent as acting CEO was in direct contravention of the NHBRC's Acting Policy, which explicitly excludes Council members and temporary employees from acting appointments. The Council and Minister lacked authority to waive these provisions, as there was no empowering clause in the policy. The purported exceptional circumstances did not justify the breach, as qualified permanent employees were available for appointment. The appointment also violated section 195 of the Constitution, undermining principles of legality, good governance, and ef…

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• Acting Appointments
• Governance Principles
• Conflict Of Interest
• Constitutional Compliance
• Ultra Vires Decision

Stellenbosch University v Carlson and Another (12735/2023)

Stellenbosch University v Carlson and Another (12735/2023) [2024] ZAWCHC 385 (22 November 2024)

Court

Western Cape High Court, Cape Town

Case number

12735/2023

Judge

Pangarker

The court found that Carlson and the second respondent were declared vexatious litigants and served with the relevant order. Despite this, Carlson instituted proceedings in the Equality Court and the Constitutional Court without obtaining leave, in clear contravention of section 2(1)(b) of the Vexatious Proceedings Act. Carlson's answering affidavit and conduct, including abusive communications and threats, demonstrated wilful and mala fide contempt for the court's authority and the rule of law. The court held that the requirements for contempt were established beyond reasonable doubt. The ap…

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• Vexatious Litigant
• Contempt Of Court
• Jurisdiction
• Traditional Leadership
• Constitutional Compliance

Tsela Tsweu Consulting Engineers (Pty) Ltd v Mangaung Metropolitan Municipality (4222/2023)

Tsela Tsweu Consulting Engineers (Pty) Ltd v Mangaung Metropolitan Municipality (4222/2023) [2024] ZAFSHC 327 (19 September 2024)

Court

Free State High Court, Bloemfontein

Case number

4222/2023

Judges

Chesiwe, W J. Groenewald

The court found that the applicant failed to comply with the express requirements of the tender documents by not ticking the required box on the front page to indicate the services for which it was bidding. This omission constituted non-compliance with a peremptory requirement, and the respondent was entitled to disqualify the bid. The tender process was open, transparent, and fair, and there was no evidence of irregularity or unlawfulness. The court emphasized that strict compliance with procurement requirements is necessary to ensure fairness and equality among bidders. The relief sought by…

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• Promotion Of Administrative Justice Act
• Public Procurement
• Tender Disqualification
• Judicial Review
• Constitutional Compliance

H & I Civil & Building (Pty) Ltd and Another v City of Cape Town and Others (59/2024)

H & I Civil & Building (Pty) Ltd and Another v City of Cape Town and Others (59/2024) [2024] ZAWCHC 15 (30 January 2024)

Court

Western Cape High Court, Cape Town

Case number

59/2024

Judge

J Cloete

The court found that the applicants had established the requisite urgency, having acted expeditiously after exhausting internal remedies as instructed by the City. The applicants’ challenge to the new scoring system was not fatally flawed for failing to attack the underlying policy or the tenders themselves, as the substance of their complaint was directed at the lawfulness of the scoring system’s implementation. The applicants demonstrated a prima facie right to participate in a constitutionally compliant procurement process, and the legal questions raised were sufficiently complex to warran…

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• Preferential Procurement
• Broad Based Black Economic Empowerment
• Municipal Supply Chain Management
• Interim Interdict
• Constitutional Compliance
• Legitimate Expectation

Shine Africa Financial Services (Pty) Ltd v Buffalo City Metropolitan Municipality (EL 1056/2022)

Shine Africa Financial Services (Pty) Ltd v Buffalo City Metropolitan Municipality (EL 1056/2022) [2022] ZAECELLC 30 (8 November 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 1056/2022

Judge

Laing

The court found that the bidders for the tenders in question have a direct and substantial interest in any order that could interdict the respondent from evaluating their bids, awarding the tenders, or executing resulting contracts. The applicant, as dominus litis, bore the responsibility to identify and join these necessary parties. The failure to do so constituted a fatal defect in the application. The court held that non-joinder alone was sufficient to dismiss the application, without considering the merits or urgency. The respondent was not obliged to provide the applicant with the partic…

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• Public Procurement
• Non Joinder
• Interdictory Relief
• Constitutional Compliance

All 4 Security Services CC and Others v The City of Cape Town and Others (11496/2021)

All 4 Security Services CC and Others v The City of Cape Town and Others (11496/2021) [2022] ZAWCHC 182 (15 September 2022)

Court

Western Cape High Court, Cape Town

Case number

11496/2021

Judge

Binns-Ward

The court found that the City's advertisement for tender 226S/2020/21 failed to comply with the requirements of s 217 of the Constitution, the MFMA, and the City's supply chain management policy. The term 'facilities management' was too generic and did not adequately inform potential bidders that the contract included the provision of security services. This lack of clarity undermined transparency, competitiveness, and fairness in the procurement process. The court rejected the City's argument that interested parties could have discovered the scope by consulting the tender documentation, hold…

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• Public Procurement
• Municipal Supply Chain Management
• Procedural Fairness
• Constitutional Compliance
• Tender Advertising Requirements
• Standing In Review

Ntlokose v National Union of Metal Workers of South Africa (NUMSA) and Others (J885/22)

Ntlokose v National Union of Metal Workers of South Africa (NUMSA) and Others (J885/22) [2022] ZALCJHB 187; (2022) 43 ILJ 2562 (LC) (23 July 2022)

Court

Labour Court Johannesburg

Case number

J885/22

Judge

G N Moshoana

The Labour Court found that the Central Committee (CC) of NUMSA did not have constitutional authority to suspend Ntlokose or other members, nor to place the Mpumalanga Regional Council under administration. The suspensions and administrative actions were declared unconstitutional, invalid, and unenforceable. The CC's usurpation of the Credentials Committee's functions and the planned congress's accreditation process were also found to be unconstitutional. The applicant, Ntlokose, was held to have locus standi to act on behalf of other affected members, as section 158(1)(e) of the LRA allows a…

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• Trade Union Governance
• Locus Standi
• Constitutional Compliance
• Urgent Interdict
• Suspension Of Members

Bambeni v Democratic Alliance (2019/12874)

Bambeni v Democratic Alliance (2019/12874) [2022] ZAGPJHC 413 (15 June 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2019/12874

Judge

Manoim

The High Court denied Thina Bambeni leave to appeal, finding no reasonable prospect of a different outcome and no basis to disturb its earlier costs order.

• Leave To Appeal
• Costs Award
• Self Represented Litigant
• Disciplinary Proceedings
• Constitutional Compliance
• Leave-to-appeal

Eskom Holdings SOC Ltd v Emfuleni Local Municipality and Others (76183/2019)

Eskom Holdings SOC Ltd v Emfuleni Local Municipality and Others (76183/2019) [2021] ZAGPPHC 546 (21 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

76183/2019

Judge

LI Vorster

The court found that the defences raised by the first and second defendants regarding the validity of the agreements and the calculation of the debt were disingenuous and lacked merit. The main defence based on alleged non-compliance with intergovernmental dispute procedures was rejected, as the dispute had already been declared and ventilated in previous litigation, with the court referring the matter for resolution under section 41(3) of the Constitution. As the dispute remained unresolved after six months, the plaintiff was entitled to approach the court for relief. The plaintiff's claims…

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• Summary Judgment
• Acknowledgement Of Debt
• Electricity Supply Agreement
• Intergovernmental Dispute
• Constitutional Compliance