Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Fihlani v Port St Johns Local Municipality and Others (1046/2025) [2025] ZAECMHC 66 (8 July 2025)
The High Court held that the municipality unlawfully extended a municipal manager’s precautionary suspension and dismissed its constitutional challenge to the regulation.
Greyvensteyn v Commissioner for South African Revenue Service and Others (Application for Leave to Appeal) (B2495/2023) [2025] ZAGPPHC 707 (1 July 2025)
The court found that SARS' actions under sections 180 and 184(2) of the Tax Administration Act are administrative in nature and subject to judicial review under PAJA, thus not infringing the applicant's section 34 constitutional right to access to court. The applicant's challenge was deemed an abuse of process, justifying the costs order against him. However, the court acknowledged that there is a reasonable prospect that another court could find SARS' actions to be adjudicative, potentially leading to a different conclusion regarding constitutional validity. Given the public importance of th…
Source excerpt
Kena Media (Pty) Ltd v Mangaung Metropolitan Municipality - Application for Leave to Appeal (4027/2021) [2024] ZAFSHC 41 (7 February 2024)
Leave to appeal against dismissal of a spoliation application was refused. The court held there were no reasonable prospects of success and no compelling reason to hear the appeal.
MEC for Economic Development, Tourism and Environmental Affairs, KwaZulu-Natal and Another v South African Reserve Bank Prudential Authority and Others (38719/2022) [2023] ZAGPPHC 1182 (29 September 2023)
The court found that the Prudential Authority and Minister of Finance acted within their statutory powers in granting the exemption to Ithala Development Finance Corporation subject to conditions. The conditions imposed were directly connected to concerns raised regarding Ithala's regulatory compliance, governance, and financial stability, and were the result of engagement between the parties. The court held that the conditions were rationally related to the statutory objectives of protecting depositors and ensuring sound financial management, and did not amount to irrationality, lack of bona…
Source excerpt
Maximum Profit Recovery (Pty) Ltd v Naledi Local Municipality (M214/2022) [2023] ZANWHC 167 (15 September 2023)
The court found that the applicant failed to establish any irregularity in the procurement process followed by the first respondent. The tender was conducted as a two-stage bidding process, as permitted by the Municipal Supply Chain Management Regulations. The applicant was appointed to the panel but was not invited to submit quotations in the second stage, which was not shown to be irregular or unfair. The process was competitive, transparent, and in compliance with section 217 of the Constitution. No evidence was presented that the award to the second respondent was procedurally unfair or u…
Source excerpt
eMedia Investments Proprietary Limited v Multichoice Proprietary Limited and Others (248/CAC/JUL23) [2023] ZACAC 4; [2023] 3 CPLR 32 (CAC) (16 August 2023)
The Court held that section 49C(5) of the Competition Act is capable of more than one interpretation. Interpreting the section to allow only a single extension of interim relief would unduly limit access to effective remedies and could result in irreparable harm to applicants who establish a prima facie case of anti-competitive conduct. Such a restrictive reading would be inconsistent with section 34 of the Constitution, which guarantees access to courts and fair hearings. Applying the principles of constitutional interpretation, the Court found that section 49C(5) should be read to permit mu…
Source excerpt
Botha v Commission For Gender Equality and Others (58057/2021) [2023] ZAGPJHC 149; [2023] 6 BLLR 598 (GJ); (2023) 44 ILJ 1796 (GJ) (15 February 2023)
Section 194(3)(a) of the Constitution is clear and unambiguous: only the President may suspend a Commissioner of a Chapter 9 institution, and only after the commencement of removal proceedings by a committee of the National Assembly. The Commission for Gender Equality's Code of Conduct cannot confer upon itself a power that the Constitution reserves for the President. The Commission's suspension of the applicant was ultra vires, unlawful, and invalid. The alleged lacuna between misconduct and the commencement of parliamentary proceedings does not justify the usurpation of presidential powers;…
Source excerpt
Democratic Alliance v Brummer (793/2021) [2022] ZASCA 151 (3 November 2022)
The Supreme Court of Appeal held that a prior dismissal of a reinstatement application did not finally decide the lawfulness of ending a party member’s membership.
Taljaard and Another v Land and Agricultural Development Bank of South Africa and Others (1094/2022) [2022] ZANCHC 59 (11 October 2022)
The court found that the exclusion of individuals and trusts from business rescue under Chapter 6 of the Companies Act does not amount to unconstitutional discrimination. The differentiation is rationally connected to a legitimate government purpose, namely, the efficient rescue and recovery of financially distressed companies. The applicants failed to establish that the exclusion denied many natural persons and trusts their right to protection under Chapter 6 or that it resulted in unfair discrimination. The court declined to extend business rescue to natural persons and trusts by way of rea…
Source excerpt
Freedom Stationary (Pty) Ltd v Palm Stationary Manufacturers (Pty) Ltd and Mveli Data Matrix Solutions (Pty) Ltd (Joint Venture) and Others (1023/2021) [2021] ZAMPMBHC 42 (15 September 2021)
The High Court held that Rule 49(13) on security for appeal costs is valid, not unconstitutional, and that the first respondent waived security. Costs were awarded against the applicant.
Explore more
