South Africa Case Law

Shude v Member of the Executive Council, Department of Education and Another (299/2022)

Shude v Member of the Executive Council, Department of Education and Another (299/2022) [2025] ZAECBHC 12 (3 June 2025)

Court

Eastern Cape High Court, Bhisho

Case number

299/2022

Judge

N.R Mtshabe

The High Court found the respondents in contempt for delayed compliance with pension-related orders, but by the hearing they had complied. Costs were awarded against them.

• Contempt Of Court
• Constitutional Obligations
• Party And Party Costs
• Scale Of Costs
• Government Pension Fund
• Administrative Compliance

Road Accident Fund v Legal Practice Council and Others (134420/2023)

Road Accident Fund v Legal Practice Council and Others (134420/2023) [2025] ZAGPPHC 189 (21 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

134420/2023

Judge

SK Hassim

High Court order partly extending a moratorium on RAF execution, including capital, interest and limited legal-costs claims, for six months.

• Stay Of Execution
• Road Accident Fund Act
• Moratorium On Judgment Enforcement
• Structural Interdict
• Costs Orders
• Constitutional Obligations

Kunogqala Local Residents and Others v Ab Xuma Local Municipality and Another (4146/2023)

Kunogqala Local Residents and Others v Ab Xuma Local Municipality and Another (4146/2023) [2025] ZAECMHC 4 (6 February 2025)

Court

Eastern Cape High Court, Mthatha

Case number

4146/2023

Judge

A.S Zono

The High Court ordered the municipality to take steps to complete the Nogqala access road, finding its prolonged inaction unconstitutional. The bridge issue was moot.

• Municipal Service Delivery
• Mandamus
• Constitutional Obligations
• Local Government Roads
• Right To Dignity
• Access To Education

Hlano Financial Services (Pty) Limited v Member of the Executive Council for Human Settlements, Free State (1150/2024)

Hlano Financial Services (Pty) Limited v Member of the Executive Council for Human Settlements, Free State (1150/2024) [2025] ZAFSHC 6 (14 January 2025)

Court

Free State High Court, Bloemfontein

Case number

1150/2024

Judge

Van Rhyn

The court finds that the National Government, specifically the Ministry of Human Settlements and the Ministry of Housing, has a direct and substantial interest in the subject matter of the litigation. The relief sought by the applicant arises from national agreements and policy, and any order made would affect the rights and obligations of these ministries. The respondent's contention that directives and budgetary decisions are determined at national level is supported by the legislative framework, including the Housing Act and the Constitution. The applicant's failure to join the National Go…

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• Non Joinder
• Direct And Substantial Interest
• Housing Act
• National Housing Code
• Constitutional Obligations

Intercape Ferreira Mainliner (Pty) Ltd v Minister of Police and Others (1013/2023)

Intercape Ferreira Mainliner (Pty) Ltd v Minister of Police and Others (1013/2023) [2024] ZAECMKHC 15 (6 February 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1013/2023

Judge

Ronaasen

The court found that Intercape had established, on uncontested evidence, that it was the victim of a sustained, countrywide campaign of violence and intimidation orchestrated by the taxi industry, amounting to organised crime and racketeering. The Police, despite acknowledging the existence of this campaign, failed to investigate the incidents as organised crime and instead treated them as isolated events. The Provincial Commissioners did not report the crimes to the DPCI as required by section 16(4)(b) of the SAPS Act, and the DPCI failed to investigate them as national priority offences. Th…

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• Police Duties
• Organised Crime
• Racketeering
• Structural Relief
• Constitutional Obligations
• Failure To Investigate

Sechaba Protection Services CC (Pty) Ltd and Others v Passenger Rail Agency of SA Ltd and Others (3 November 2023) (19976/2019)

Sechaba Protection Services CC (Pty) Ltd and Others v Passenger Rail Agency of SA Ltd and Others (3 November 2023) (19976/2019) [2023] ZAWCHC 280 (3 November 2023)

Court

Western Cape High Court, Cape Town

Case number

19976/2019

Judge

M J Bishop

The Court held that PRASA had not satisfied the requirements of the Hlophe JP Order, which required both the completion and implementation of a tender process and the approval of a contingency safety plan by the Railway Safety Regulator before terminating the Applicants' services. The Regulator's approval was not adequately established, as PRASA failed to provide confirmation from the Regulator's Board or properly delegated official. The tender process was not completed or implemented at the time of the application, and the use of the ACSA Panel was moot. The Court found that ongoing judicial…

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• Structural Interdict
• Public Procurement
• Supervisory Jurisdiction
• Constitutional Obligations
• Rule 53 Review
• Costs Award

Mafube Business Forum and Others v Premier of the Free State Province and Others (6435/2022)

Mafube Business Forum and Others v Premier of the Free State Province and Others (6435/2022) [2023] ZAFSHC 377 (3 October 2023)

Court

Free State High Court, Bloemfontein

Case number

6435/2022

Judge

Molitsoane

The court found that while there was delay and lack of urgency in the Respondents' compliance with the two previous court orders, the evidence showed that steps were taken to comply, including the appointment of an intervention team, approval of a budget, initiation of a financial recovery plan, and procurement for emergency overflow ponds. The court held that the Applicants failed to prove wilful and mala fide non-compliance by the Respondents. Furthermore, the application for committal of the Premier was fatally defective due to lack of personal service and citation in his personal capacity…

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• Contempt Of Court
• Municipal Intervention
• Service Delivery Failure
• Sewage Spillage
• Financial Recovery Plan
• Constitutional Obligations

Makhekhe v Mantsopa Local Municipality and Others (4009/2022)

Makhekhe v Mantsopa Local Municipality and Others (4009/2022) [2023] ZAFSHC 318 (11 August 2023)

Court

Free State High Court, Bloemfontein

Case number

4009/2022

Judge

Jonase

The court granted a final interdict compelling the municipality to search for and repair the source of persistent water seepage at the applicant’s property.

• Municipal Service Delivery
• Water Infrastructure
• Final Interdict
• Constitutional Obligations
• Expert Evidence
• Irreparable Harm

Vresthena (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (065167/2023)

Vresthena (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (065167/2023) [2023] ZAGPPHC 599 (21 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

065167/2023

Judge

E Labuschagne

The court found that the full court order of 10 November 2022 is enforceable and binding on the City of Tshwane until set aside, regardless of the City's contentions regarding its lawfulness or pending appeal. Section 18 of the Superior Courts Act exhaustively regulates interim implementation orders, permitting only a single automatic appeal, which has already occurred. The City's application for special leave to appeal and condonation does not suspend the order unless condonation is granted. The declaratory relief sought by the applicant is necessary to clarify the parties' rights and obliga…

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• Declaratory Relief
• Interim Interdict
• Enforcement Of Court Orders
• Municipal Services
• Sectional Titles
• Constitutional Obligations

Enoch Mgijima Local Municipality and Others v Twizza (Pty) Ltd and Others In re: Border-Kei Chamber of Business and Others v Eskom Holdings SOC Ltd and Others (CA115/2021)

Enoch Mgijima Local Municipality and Others v Twizza (Pty) Ltd and Others In re: Border-Kei Chamber of Business and Others v Eskom Holdings SOC Ltd and Others (CA115/2021) [2022] ZAECMKHC 61 (26 August 2022)

Court

Eastern Cape High Court, Makhanda

Case number

CA115/2021

Judges

Hartle, Brooks, Rugananan

The court held that contempt proceedings are generally not competent for orders requiring payment of money, except in maintenance matters. However, the Mfenyana order imposed structural obligations on the municipal manager to oversee and report on compliance, which went beyond a mere money judgment. The second appellant was exonerated as she was not the designated responsible person. The third appellant, although nominated as responsible, did not act wilfully or in bad faith; the evidence showed genuine attempts to comply, transparency about financial difficulties, and engagement with provinc…

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• Civil Contempt
• Structural Interdict
• Municipal Finance Management
• Electricity Supply
• Mandamus
• Constitutional Obligations