Johannesburg Social Housing Company Ltd v Quick System (Pty) Ltd and Others (2023/027220) [2025] ZAGPJHC 744 (25 July 2025)
Court
South Gauteng High Court, Johannesburg
Case number
2023/027220
Judge
M V Noko
The High Court reviewed and set aside a public tender award after finding material misrepresentation in the bid and ordered a third-party valuation of work done.
Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (8684/2024) [2025] ZAWCHC 202 (15 May 2025)
Court
Western Cape High Court, Cape Town
Case number
8684/2024
Judges
J Cloete, L Nuku, S Kholong
The court found that the impugned provisions of the Refugees Act and its regulations create a threshold barrier that requires asylum seekers to justify procedural non-compliance before their applications can be assessed on the merits. This mechanism unjustifiably limits the right to non-refoulement, which is absolute under both domestic and international law, and undermines the constitutional rights of children by tying their fate to the procedural compliance of their parents. The court held that the discretion afforded to immigration and refugee status determination officers is unguided and…
Maximum Profit Recovery (Pty) Ltd v Sakhisizwe Local Municipality and Another (1086/2019) [2025] ZAECMKHC 25 (18 March 2025)
Court
Eastern Cape High Court, Makhanda
Case number
1086/2019
Judge
Zono
The court found that the Municipality's failure to consider the applicant's documentation regarding registered tax practitioners constituted a material procedural irregularity and a relevant consideration that was ignored, rendering the tender award arbitrary and capricious. The Municipality's explanation for the oversight was inadequate and unsupported by direct evidence from the relevant committee members. The process was further tainted by a lack of transparency and fairness, giving rise to a reasonable apprehension of bias. The court held that the decision to award the tender to the secon…
Shikwane and Others v Woodhill Home Owners Association and Others (7428/2024) [2025] ZALMPPHC 19 (12 February 2025)
Court
Limpopo High Court, Polokwane
Case number
7428/2024
Judge
Makoti
The court found that the applicants, except for the sixth applicant whose property is owned by a trust, have sufficiently established locus standi as members or owners within the estate, directly affected by the HOA's actions. The respondents' challenge to locus standi was opportunistic and contradicted by their own correspondence identifying applicants as owners. The court held that the HOA and its directors are the appropriate parties to cite in litigation challenging the MOI or its provisions, and that it is unnecessary to join all individual homeowners. The application does not affect ind…
Maluti-A-Phofung Local Municipality v Kill Crime Security Service (Pty) Ltd and Others (Amended Order) (2237/2023) [2025] ZAFSHC 27 (6 February 2025)
Court
Free State High Court, Bloemfontein
Case number
2237/2023
Judge
Mhlambi
The court found that the amount stated in the original order was a typographical error and that the correct amount was R27 000 000.00. The court exercised its power under Rule 42(1)(b) to vary the order accordingly. Furthermore, the service level agreements and acknowledgment of debt between the applicant and first respondent were declared constitutionally invalid, as they did not comply with constitutional requirements. The applicant was granted leave to oppose the relief sought by the first respondent within five days. The first respondent was ordered to pay the costs of the application, in…
Molupe v Nala Local Municipality and Another (1711/2023) [2025] ZAFSHC 39 (4 February 2025)
Court
Free State High Court, Bloemfontein
Case number
1711/2023
Judge
Daniso
The court found that the applicant failed to prove his entitlement to damages, as the claim was illiquid and not suitable for determination by motion proceedings. The applicant did not provide sufficient evidence to quantify the damages, and the respondents' contentions regarding deductions and mitigation were not addressed. Regarding the review application, the court held that the Systems Act and 2014 Regulations relied upon by the respondents were constitutionally invalid and unenforceable at the time of the applicant's appointment. Therefore, the respondents could not rely on those provisi…
G.D v Minister of Home Affairs and Others (2252/2024) [2025] ZAECQBHC 1 (4 February 2025)
Court
Eastern Cape High Court, Gqeberha
Case number
2252/2024
Judge
O H Ronaasen
The court found that section 7(7)(c) of the Divorce Act irrationally differentiates between spouses in post-1984 marriages out of community of property without accrual and all other spouses, by excluding pension interests from redistribution. This differentiation is no longer rationally connected to any legitimate government purpose following the Constitutional Court's decision in KG, which extended the redistribution remedy to all such marriages. The exclusion disproportionately prejudices women, who are more likely to be economically disadvantaged and have smaller or no pension interests, a…
African Transformation Movement v Electoral Commission of South Africa and Others (0035/2024EC) [2025] ZAEC 1 (14 January 2025)
Court
Electoral Court
Case number
0035/2024EC
Judges
Zondi, Adams, Professor Ntlama-Makhanya
The application was dismissed because the applicant failed to provide credible evidence of any material irregularities affecting the outcome of the 2024 National and Provincial Elections. The allegations were vague, unsubstantiated, and based on hearsay. The applicant did not comply with the procedural requirements for lodging objections under section 55 of the Electoral Act, nor did it exhaust the prescribed mechanisms before approaching the Electoral Court. Furthermore, the necessary parties were not properly joined, and the relief sought regarding the constitutional invalidity of section 2…
Zeal Health Innovations (Pty) Ltd v Minister of Defence and Military Veterans and Another (967/2023) [2024] ZASCA 183 (27 December 2024)
Court
Supreme Court of Appeal
Case number
967/2023
Judges
Zondi, Makgoka, Mabindla-Boqwana, Weiner, Bloem
The Supreme Court of Appeal found that the Acting Director-General unlawfully committed the Department to a contract price that exceeded the appropriated budget, in breach of s 38(2) of the PFMA and the principle of legality. The award of the tender and the contract were declared constitutionally invalid. However, Zeal Health was found to be an innocent party that had rendered services in good faith. The Court held that, while the contract was invalid, Zeal Health retained the right to pursue payment for services rendered as a just and equitable remedy under s 172(1)(b) of the Constitution. T…
Mohlaba and Others v Minister of Cooperative Governance and Traditional Affairs and Others (CCT 07/24) [2024] ZACC 32; 2025 (4) BCLR 442 (CC) (20 December 2024)
Section 25 of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 is unconstitutional because it unlawfully delegates the power to impose compulsory levies (taxes) to traditional councils and the Premier, contrary to the Constitution which reserves taxing powers for elected legislative bodies and prohibits such delegation. The levies imposed under section 25 are compulsory, uniformly applied, paid into a general fund, and used for general purposes, meeting all criteria for a tax. Traditional leaders, as unelected bodies, have no constitutional or customary law authority to impos…
Source excerpt
Taxing Power
Customary Law
Delegation Of Legislative Power
Limpopo Traditional Leadership And Institutions Act
