South Africa Case Law

Corruption Watch (RF) NPC v Speaker of the National Assembly and Others (CCT 333/23)

Corruption Watch (RF) NPC v Speaker of the National Assembly and Others (CCT 333/23) [2025] ZACC 15 (1 August 2025)

Court

Constitutional Court

Case number

CCT 333/23

Judges

Madlanga ADCJ, Dambuza AJ, Goosen AJ, Kollapen J, Mhlantla J, Opperman AJ, Rogers J, Theron J, Tshiqi J

The National Assembly failed to comply with its constitutional obligation to facilitate reasonable public involvement in the appointment of Commissioners to the Commission for Gender Equality. The information provided to the public was insufficient, as the CVs of shortlisted candidates were not published, and the justification based on POPIA was incorrect. The 14-day comment period was unreasonably short, and the use of an online form with a character limitation further restricted meaningful participation. These procedural deficiencies rendered the appointment process unconstitutional. The ap…

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• Public Participation
• Appointment Of Chapter 9 Commissioners
• Access To Information
• Protection Of Personal Information Act
• Remedial Orders
• Costs In Constitutional Litigation

Greyvensteyn v Commissioner for South African Revenue Service and Others (Application for Leave to Appeal) (B2495/2023)

Greyvensteyn v Commissioner for South African Revenue Service and Others (Application for Leave to Appeal) (B2495/2023) [2025] ZAGPPHC 707 (1 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

B2495/2023

Judge

Amien

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…

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• Tax Administration Act
• Constitutional Validity
• Access To Court
• Costs In Constitutional Litigation
• Administrative Vs Adjudicative Action

Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another (1165/2023)

Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another (1165/2023) [2025] ZASCA 69 (29 May 2025)

Court

Supreme Court of Appeal

Case number

1165/2023

Judges

Schippers, Hughes, Weiner, Smith, Vally

The Supreme Court of Appeal held that the appeal under section 149(1) of the National Water Act is strictly limited to questions of law. The grounds advanced by the appellants were found to be factual disputes disguised as legal issues, with only the interpretation of section 24 of the Act qualifying as a legal question. The Tribunal and High Court were found to have properly considered all relevant statutory factors, including the strategic importance of the mining area, socio-economic impacts, and environmental risks. The water use licence contained sufficient conditions to address post-clo…

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• National Water Act
• Water Use Licensing
• Precautionary Principle
• Public Participation
• Judicial Bias
• Costs In Constitutional Litigation

Mbuyisa v HOD: Free State Department of Social Development and Others (3243/2024)

Mbuyisa v HOD: Free State Department of Social Development and Others (3243/2024) [2025] ZAFSHC 79 (13 March 2025)

Court

Free State High Court, Bloemfontein

Case number

3243/2024

Judges

Mbhele, Opperman

The court held that the applicant's precautionary suspension was not an administrative action requiring judicial review and setting aside. The employment relationship between the applicant and the respondents was contractual and did not fall within the scope of administrative action as defined by the Constitution and relevant case law. The applicant's challenge did not raise a genuine constitutional issue, and the Biowatch-rule did not apply. The application for leave to appeal had no reasonable prospects of success, and the costs order was justified given the absence of a constitutional issu…

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• Costs In Constitutional Litigation
• Biowatch Rule
• Precautionary Suspension
• Administrative Action
• Prospects Of Success

Society for the Protection of Our Constitution v Minister of Co-Operative Governance and Traditional Affairs and Others (B3991/2024)

Society for the Protection of Our Constitution v Minister of Co-Operative Governance and Traditional Affairs and Others (B3991/2024) [2024] ZAGPPHC 1231 (25 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

B3991/2024

Judge

Neukircher

The application was premised on facts that were not substantiated. The applicant failed to disclose crucial information, relied on hearsay and media reports, and did not provide direct or expert evidence regarding the situation at Stilfontein mine. The respondents demonstrated that alternative safe exits were available, rescue operations were underway, and essential supplies were not cut off. The constitutional issues raised by the applicant were not engaged on the facts as presented. The court found that the applicant did not make out a proper case for urgent relief, and the application must…

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• Right To Life
• Emergency Relief
• Audi Alteram Partem
• Duty Of Full Disclosure
• Mine Rescue Operations
• Costs In Constitutional Litigation

Seshego Land Claims Committee v Minister of Agriculture Land Reform and Rural Development and Others (HCAA37/2023)

Seshego Land Claims Committee v Minister of Agriculture Land Reform and Rural Development and Others (HCAA37/2023) [2024] ZALMPPHC 171 (4 November 2024)

Court

Limpopo High Court, Polokwane

Case number

HCAA37/2023

Judges

Naude-Odendaal, G.C. Muller, M. Mathabathe

The appeal was dismissed because the relief sought concerned land restitution, which falls within the Land Claims Court’s exclusive jurisdiction.

• Restitution Of Land Rights Act
• Jurisdiction Of Land Claims Court
• Mandamus
• Rezoning
• Land Restoration
• Costs In Constitutional Litigation

Mpumalanga Society of Advocates and Another v Judicial Service Commission and Others (2021/55663)

Mpumalanga Society of Advocates and Another v Judicial Service Commission and Others (2021/55663) [2024] ZAGPJHC 1267 (26 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/55663

Judge

Sutherland

The court found that the JSC was aware of and considered all material allegations regarding the candidate's financial conduct and professional character. The late adverse comments submitted by the applicant were substantially the same as those already before the JSC, and the JSC applied its mind to these issues. The candidate's explanation for his financial difficulties and debts was accepted, and there was no evidence of intentional non-disclosure or unethical conduct. The criticisms of the candidate's professional character were largely unsubstantiated opinions, and the JSC had the benefit…

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• Judicial Appointments
• Rationality Review
• Fit And Proper Person
• Public Participation
• Professional Misconduct
• Costs In Constitutional Litigation

AS v Minister of Health and Others; BM and Another v Minister of Health and Others (441&442/2023)

AS v Minister of Health and Others; BM and Another v Minister of Health and Others (441&442/2023) [2024] ZAWCHC 171 (19 June 2024)

Court

Western Cape High Court, Cape Town

Case number

441&442/2023

Judge

D.S Kusevitsky

The Court found that the Applicants' conduct throughout the litigation was vexatious, professionally unbecoming, and amounted to an abuse of the court process. The Applicants disregarded multiple court orders, failed to communicate with the Respondents and the Court, and caused unnecessary costs and inconvenience. Their withdrawal of the applications was not accompanied by sufficient or cogent reasons to avoid a costs order, and their actions showed absolute disregard for court time and resources. The Biowatch principle does not immunize litigants from adverse costs where their conduct is vex…

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• Surrogacy Legislation
• Artificial Fertilization
• Costs In Constitutional Litigation
• Rule 16a Notice
• Withdrawal Of Application
• Attorney Client Costs

Afriforum NPC v Ngwathe Local Municipality and Others (A48/2023)

Afriforum NPC v Ngwathe Local Municipality and Others (A48/2023) [2024] ZAFSHC 96 (28 March 2024)

Court

Free State High Court, Bloemfontein

Case number

A48/2023

Judges

Mbhele, Reinders, Chesiwe

The appeal succeeded because the court a quo failed to properly apply the Biowatch principle to the facts. The appellant acted bona fide in seeking to protect constitutional rights relating to access to clean water, and there was no evidence of frivolous, vexatious, or mala fide conduct. The urgency of the matter was ongoing due to the continued lack of clean water. The court held that imposing costs on unsuccessful constitutional litigants may deter public interest litigation and undermine constitutional rights. Therefore, the costs order against the appellant was set aside and replaced with…

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• Costs In Constitutional Litigation
• Biowatch Principle
• Urgent Application
• Access To Water
• Judicial Discretion

University Alliance South Africa (NPC) v Chairman of the Council of the University of the Free State and Others (A171/2022)

University Alliance South Africa (NPC) v Chairman of the Council of the University of the Free State and Others (A171/2022) [2024] ZAFSHC 82 (14 March 2024)

Court

Free State High Court, Bloemfontein

Case number

A171/2022

Judges

J J F Hefer, P J Loubser

The High Court dismissed a challenge to the University of the Free State’s mandatory Covid-19 vaccination policy as moot after the policy was suspended.

• Promotion Of Administrative Justice Act
• Bill Of Rights Limitation
• Mootness
• Mandatory Vaccination Policy
• Declaratory Relief
• Costs In Constitutional Litigation