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South Africa decisions
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T.R v Z.D.R and Others (93454/2015) [2024] ZAGPPHC 1343 (20 December 2024)
Leave to appeal was refused after the court found no reasonable prospects of success in a rescission dispute arising from a divorce settlement and costs order.
Britton v Minister of Justice and Correctional Services and Others (548/2023) [2024] ZASCA 148; 2025 (1) SACR 95 (SCA) (31 October 2024)
The SCA held that the Constitutional Court’s invalidation of section 5(1)(a) of the Extradition Act was prospective only, so Britton’s earlier arrest remained valid.
H & I Civil & Building (Pty) Ltd and Another v City of Cape Town and Others (59/24) [2024] ZAWCHC 329 (18 October 2024)
The court held that the City of Cape Town was lawfully empowered to determine and implement its own preferential procurement policy and scoring system for tenders, provided it acted within the constitutional and legislative framework. The process followed by the City in developing the new scoring system was rational, involved internal consultation and legal advice, and was necessitated by changes in the regulatory environment following the Afribusiness judgment and the 2022 Procurement Regulations. The applicants' arguments regarding procedural unfairness, legitimate expectation, and alleged…
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Dynamic Recovery Services (Pty) Ltd v State Information Technology SOC Limited and Another (51825/2021) [2024] ZAGPPHC 898 (10 September 2024)
The court held that the Biowatch principle protects applicants from adverse costs orders in constitutional litigation up to the point where the matter becomes moot. Once the applicant declared the review application moot, it ceased to assert a constitutional right and continued litigation solely for costs, which constituted an abuse of process. The applicant should have terminated the litigation upon mootness. The court found that Dynamic Recovery Services (Pty) Ltd is liable for punitive costs incurred after 31 March 2023, when the matter became moot, but is insulated from liability for cost…
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Fair-Trade Independent Tobacco Association NPC and Others v Commissioner for the South African Revenue Services and Another (115176/2023; 115375/2023) [2024] ZAGPPHC 457 (15 May 2024)
The court found that the applicants demonstrated a prima facie right to challenge the legality and constitutionality of Rule 19.09, which imposes continuous CCTV monitoring on licensed tobacco warehouses. The implementation of the rule, particularly as extended by SARS's notice to include storage areas not covered by the rule, creates a risk of overreach and irreparable harm to the applicants' privacy and proprietary interests. The court held that the balance of convenience favours the applicants, as SARS failed to show urgency or harm from delayed implementation, and the applicants are tax c…
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Capital City Housing NPC and Another v Msunduzi Municipality and Others (1046/2021P) [2023] ZAKZPHC 91 (1 September 2023)
The High Court ordered Msunduzi Municipality to recognise specified social housing properties as a separate rateable category and amend its Rates Policy.
De Beer and Another v Director General, Home Affairs and Another (049991/2022) [2023] ZAGPJHC 711 (19 June 2023)
The High Court dismissed an urgent application to suspend a prohibited-person declaration under the Immigration Act, finding no urgency and no basis to bypass internal remedies.
Afriforum NPC v Council of the City of Johannesburg Metropolitan Municipality and Others (22/24174;22/24372;22/8831) [2023] ZAGPJHC 241 (13 March 2023)
The High Court set aside Johannesburg’s 2022/23 rates decisions for educational properties, finding the removal of the “education” category and the public participation process unlawful.
Aqua Transport and Plant Hire (Pty) Limited v Ethekwini Municipality and Other (D9024/2020) [2023] ZAKZDHC 69 (22 February 2023)
The High Court set aside eThekwini Municipality’s tender award after finding the tender criteria for key personnel experience were unclear and the process was not transparent.
Mafe v Acting Director of Public Prosecutions Western Cape and Another (871/2022) [2022] ZAWCHC 63; 2022 (2) SACR 54 (WCC) (29 April 2022)
The court found that the magistrate's referral of the applicant for psychiatric observation under section 78 of the Criminal Procedure Act was procedurally and substantively flawed. The magistrate failed to disclose the medical report to the applicant or his legal team, denied the applicant the opportunity to rebut the report, and did not record his own observations as required by section 77. The magistrate also displaced the bail application without justification, infringing the applicant's constitutional rights to liberty, dignity, and a fair trial. The principle of audi alteram partem was…
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