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South Africa Case Law

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Administrative Law [2025] ZASCA 111

Mkhonto and Others v Bushbuckridge Local Municipality and Others (218/2024)

Mkhonto and Others v Bushbuckridge Local Municipality and Others (218/2024) [2025] ZASCA 111 (23 July 2025)

The SCA struck a reconsideration application from the roll, finding no exceptional circumstances to reopen refusal of special leave to appeal.

  • Municipal Staff Restructuring
  • Policy Framework Compliance
  • Exceptional Circumstances
  • Promotion Of Administrative Justice Act
  • Local Government Municipal Systems Act
  • Special Leave To Appeal
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Administrative Law [2024] ZAKZDHC 81

Ntshangase v Premier of the Province of KwaZulu-Natal and Others (D8583/2019)

Ntshangase v Premier of the Province of KwaZulu-Natal and Others (D8583/2019) [2024] ZAKZDHC 81 (31 July 2024)

High Court review over traditional leadership recognition dismissed; the Premier’s rejection of the Commission’s recommendation was upheld and the later recognition process was found premature.

  • Promotion Of Administrative Justice Act
  • Traditional Leadership Disputes
  • Review Of Administrative Action
  • Customary Law Recognition
  • Condonation For Late Review
  • Consultation Requirements
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Labour Law [2024] ZALCD 5

Mncwango and Another v Area Commissioner (Pietermaritzburg) Correctional Services and Another (D 165/23)

Mncwango and Another v Area Commissioner (Pietermaritzburg) Correctional Services and Another (D 165/23) [2024] ZALCD 5 (19 January 2024)

The Labour Court dismissed a legality review against the transfer of two Correctional Services employees, finding the challenge delayed and the transfers not shown to be punitive or arbitrary.

  • Legality Review
  • Transfer Policy
  • Consultation Requirements
  • Punitive Measures
  • Delay In Review
  • Efficient Use Of Human Resources
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Administrative Law [2021] ZAECGHC 36

Eastern Cape NGO Coalition v MEC for the Department of Social Development, Eastern Cape Province (2460/2018)

Eastern Cape NGO Coalition v MEC for the Department of Social Development, Eastern Cape Province (2460/2018) [2021] ZAECGHC 36 (16 March 2021)

The court held that NGO subsidy reductions were unlawful because the Department failed to conduct genuine consultation, but it declined to set aside the allocations or award compensation.

  • Consultation Requirements
  • Irrationality Review
  • Social Security Rights
  • Public Administration Principles
  • Legitimate Expectation
  • Administrative-law
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Labour Law [2019] ZALCCT 28

Mbetshe v Commission for Conciliation Mediation and Arbitration and Others (C313/2018)

Mbetshe v Commission for Conciliation Mediation and Arbitration and Others (C313/2018) [2019] ZALCCT 28 (11 October 2019)

The Labour Court found Parliament’s redeployment of an employee to a much lower post with an 80% salary cut was a demotion and an unfair labour practice.

  • Unfair Labour Practice
  • Demotion
  • Consultation
  • Remedies For Unfair Labour Practice
  • Salary Reduction
  • Unfair-labour-practice
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Labour Law [2018] ZALCJHB 97

NEHAWU obo Magobiyana v Sirkhot and Others (JR677/16)

NEHAWU obo Magobiyana v Sirkhot and Others (JR677/16) [2018] ZALCJHB 97 (7 March 2018)

Labour Court review dismissed: the retrenchment award was reasonable, consultation was adequate, and the employee declined alternative positions involving a pay cut.

  • Unfair Dismissal
  • Retrenchment
  • Consultation Requirements
  • Selection Criteria
  • Operational Requirements
  • Labour-law
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Administrative Law [2017] ZAFSHC 225

Schimper N.o. and Others v Director General: Department of Mineral Resources - Free State Province and Others (5769/2015)

Schimper N.o. and Others v Director General: Department of Mineral Resources - Free State Province and Others (5769/2015) [2017] ZAFSHC 225 (11 December 2017)

The High Court dismissed a review of a mining-right grant, finding consultation adequate, the decision lawful and procedurally fair, and the applicants’ concerns largely unsupported.

  • Mining Rights
  • Promotion Of Administrative Justice Act
  • Consultation Requirements
  • Environmental Impact
  • Procedural Fairness
  • Mining-rights
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Administrative Law [2017] ZANWHC 112

Uniplate Group (Pty) Ltd v MEC for Department of Community Safety and Transport Management North West and Others (M512/15)

Uniplate Group (Pty) Ltd v MEC for Department of Community Safety and Transport Management North West and Others (M512/15) [2017] ZANWHC 112 (19 October 2017)

The court reviewed and set aside provincial number-plate determinations and the related tender award, finding the process lacked proper consultation and was procedurally unfair.

  • Promotion Of Administrative Justice Act
  • Public Procurement
  • Procedural Fairness
  • Ultra Vires
  • Consultation Requirements
  • Market Regulation
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Land And Property [2016] ZANWHC 27

Bafokeng Private Land Buyers Association and Others v Royal Bafokeng Nation and Others (999/08)

Bafokeng Private Land Buyers Association and Others v Royal Bafokeng Nation and Others (999/08) [2016] ZANWHC 27 (31 May 2016)

The High Court held that the Royal Bafokeng Nation’s attorneys were authorised to act, finding the 2005 resolution valid and not reversed by 2006 community meetings.

  • Customary Law Authority
  • Rule 7 Uniform Rules
  • Tribal Land Ownership
  • Consultation In Customary Law
  • Traditional Leadership Powers
  • Authority To Litigate
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Labour Law [2015] ZALCJHB 238

Khanyile and Others v Air Chefs (Pty) Ltd (JS 805/04)

Khanyile and Others v Air Chefs (Pty) Ltd (JS 805/04) [2015] ZALCJHB 238 (4 August 2015)

The Labour Court upheld retrenchments after Air Chefs outsourced cleaning services, finding a valid operational rationale and fair consultations under section 189.

  • Retrenchment
  • Operational Requirements
  • Outsourcing
  • Procedural Fairness
  • Consultation
  • Severance Pay
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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.