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South Africa Case Law

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Admiralty And Maritime [2022] ZAKZDHC 46

Elgin Brown & Hamper Proprietary Limited v Sheriff and/or Duly Appointed Deputy, of the High Court: Durban Coastal and Others (A24/2022)

Elgin Brown & Hamper Proprietary Limited v Sheriff and/or Duly Appointed Deputy, of the High Court: Durban Coastal and Others (A24/2022) [2022] ZAKZDHC 46 (27 October 2022)

Court
Kwazulu-Natal High Court, Durban
Case number
A24/2022
Judge
Olsen

The court found that the sale in execution of the floating crane Imvubu was invalid due to two essential defects: the auction advertisement was published only seven days before the sale, contrary to the ten-day requirement of Rule 41(19)(c) of the Magistrates' Courts Rules, and the venue of the auction was changed from the advertised location, undermining the integrity of the sale process and potentially reducing competition. These defects constituted non-compliance with essential formalities, rendering the sale void. Section 70 of the Magistrates' Courts Act did not protect the third respond…

Source excerpt

  • Sale In Execution
  • Spoliatory Relief
  • Magistrates Courts Act Section 70
  • Advertisement Of Auction
  • Ship Registration Act
  • Constitutional Principle Of Legality
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Land And Property [2022] ZALCC 30

Dutch Reformed Presbytery:Mafikeng v Minister of Public Works and Others (LCC 43/2021)

Dutch Reformed Presbytery:Mafikeng v Minister of Public Works and Others (LCC 43/2021) [2022] ZALCC 30 (22 June 2022)

Court
Land Claims Court
Case number
LCC 43/2021
Judge
Cowen

The court found that neither the First nor Second Applicant demonstrated reasonable prospects of success on appeal as required by section 17(1) of the Superior Courts Act. The grounds advanced, including alleged conflation of eviction and relocation, findings on service provision, misapplication of Kyalami Ridge, and the citation of the Minister of Public Works as owner, were considered and rejected. The court held that its orders do not require any party to act beyond their constitutional or statutory powers and that the Minister of Public Works is correctly cited as the nominal owner and cu…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Leave To Appeal Standard
  • Joinder Of Parties
  • State Land Ownership
  • Constitutional Principle Of Legality
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Administrative Law [2018] ZAGPPHC 900

Trudon (Pty) Ltd (formerly TDS Directory Operations ) v National Prosecuting Authority and Another (43247/2014)

Trudon (Pty) Ltd (formerly TDS Directory Operations ) v National Prosecuting Authority and Another (43247/2014) [2018] ZAGPPHC 900 (23 November 2018)

Court
North Gauteng High Court, Pretoria
Case number
43247/2014
Judge
U Bhoola

The court held that the defendants, as organs of state, are not entitled to ignore their own decision to conclude the agreements or to raise invalidity as a defence without instituting proper review proceedings or at least an application for a declarator. The principle established in Oudekraal and affirmed in Kirland and Merafong is that administrative acts, even if unlawful, remain effective until set aside by a court. The collateral challenge doctrine is available only in limited and appropriate circumstances, typically where a party is coerced into compliance with an unlawful administrativ…

Source excerpt

  • Legality Of Administrative Action
  • Collateral Challenge
  • Public Procurement
  • Contractual Invalidity
  • Constitutional Principle Of Legality
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Administrative Law [2014] ZASCA 21

Esorfranki Pipelines (Pty) Ltd and Another v Mopani District Municipality and Others (40/13)

Esorfranki Pipelines (Pty) Ltd and Another v Mopani District Municipality and Others (40/13) [2014] ZASCA 21; [2014] 2 All SA 493 (SCA) (28 March 2014)

Court
Supreme Court of Appeal
Case number
40/13
Judges
Mthiyane, Lewis, Bosielo, Van Zyl, Legodi

The Supreme Court of Appeal found that the tender process conducted by the Mopani District Municipality was unlawful due to non-compliance with bid specifications, fraudulent misrepresentations, and fronting by the joint venture. The municipality acted with bias and failed to ensure a fair process. The contract concluded pursuant to the unlawful award was declared void ab initio. The court held that a just and equitable remedy under PAJA required setting aside the contract and ordering the Department of Water Affairs to oversee remedial work and completion of the project through a new tender…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Public Procurement
  • Fronting And Fraud
  • Review Of Tender Award
  • Costs Award
  • Constitutional Principle Of Legality
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Civil Procedure [2012] ZACAC 7

Computicket (Pty) Ltd v Competition Commission of South Africa (118/CAC/APR12)

Computicket (Pty) Ltd v Competition Commission of South Africa (118/CAC/APR12) [2012] ZACAC 7; [2013] 1 CPLR 26 (CAC) (29 October 2012)

Court
Competition Appeal Court
Case number
118/CAC/APR12
Judges
Swain AJA, Davis JP, Dambuza JA

The Tribunal's refusal to order discovery and production of documents placed before the Competition Commission when it decided to refer the complaint is appealable, as irretrievable prejudice would result if the appellant were denied access to the evidence necessary for a proper review. The referral decision is reviewable under the constitutional principle of legality, requiring objective rationality and reasonable grounds for the decision. The appellant is entitled to the production of the record, meaning all materials, reports, recommendations, and evidence that served before the decision m…

Source excerpt

  • Discovery In Review Proceedings
  • Jurisdictional Facts
  • Constitutional Principle Of Legality
  • Administrative Action Exclusion
  • Competition Act Section 50
  • Rule 14 Privilege
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Administrative Law [2002] ZASCA 128

Gerber and Others v Member of the Executive Council of the Gauteng Provincial Government, Development Planning & Local Government and Another (303/01)

Gerber and Others v Member of the Executive Council of the Gauteng Provincial Government, Development Planning & Local Government and Another (303/01) [2002] ZASCA 128; [2002] 4 All SA 518 (SCA); 2003 (2) SA 344 (SCA) (26 September 2002)

Court
Supreme Court of Appeal
Case number
303/01
Judges
Hefer, Olivier, Farlam, Cameron, Navsa

The Supreme Court of Appeal held that the Eastern Gauteng Services Council and the MEC acted outside their legal powers in imposing flat land rates without reference to property size or value. The Council's calculation method, dividing operating expenses by the number of properties, was irrational and unfair, resulting in discriminatory treatment of landowners. The statutory and constitutional framework required rates to be determined by valuation or measurement, and the Council failed to comply with these requirements. The necessary statutory procedures, including proper publication and appr…

Source excerpt

  • Legality Of Local Authority Rates
  • Property Valuation
  • Constitutional Principle Of Legality
  • Discriminatory Taxation
  • Local Government Powers
  • Statutory Compliance
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.