Minister of Home Affairs and Another v Lawyers for Human Rights and Others (14238/21) [2025] ZAGPPHC 287 (20 March 2025)
Court
North Gauteng High Court, Pretoria
Case number
14238/21
Judge
E van der Schyff
The High Court extended a suspended declaration of invalidity over blocked identity numbers, dismissed a challenge to its authority, and ordered costs against the applicants.
Speaker of the National Assembly and Another v Women's Legal Centre Trust and Others (CCT 24/21) [2024] ZACC 18; 2025 (1) BCLR 103 (CC) (18 September 2024)
The Constitutional Court found that Parliament had demonstrated sufficient urgency and provided adequate reasons for failing to comply with the original suspension period. The complexity of the Marriage Bill, the need for meaningful public participation, and the impact of the 2024 elections justified the extension. Parliament had taken concrete steps, including the promulgation of the Divorce Amendment Act and temporary measures for affected marriages. No party opposed the application, and no prejudice would result from granting the extension. The Court exercised its discretion under section…
Silvermoon Investments 145 CC trading as Ocean Echo Properties v Minister, National Department of Public Works and Human Settlements and Another (D16012/2016) [2024] ZAKZDHC 52 (27 August 2024)
Court
Kwazulu-Natal High Court, Durban
Case number
D16012/2016
Judge
Mathenjwa
The court found that the SIU retains locus standi as it continues to have a direct and substantial interest in the proceedings, given its statutory mandate to investigate and recover state losses from fraud and mala administration. The SIU's joinder was properly ordered and cannot be revisited absent default, error, or common mistake. The defence of res judicata does not apply, as the issues before the court differ from those previously decided. The SIU's application for leave to file a new counterclaim and amend its plea, despite a lengthy delay, is granted in the interests of justice, as th…
Special Investigating Unit v Minister of Correctional Services and Others (GP08/2019) [2024] ZAST 7 (29 July 2024)
Court
Special Tribunal
Case number
GP08/2019
Judge
L.T. Modiba
The Tribunal found that the procurement processes for tenders DCSSF01 and DCSSF02 were fundamentally irregular, contravening statutory and regulatory requirements, including fiscal dumping and non-compliance with National Treasury Regulations and the PFMA. The appointment of service providers was tainted by single sourcing without proper approval, misrepresentation, and excessive payments. The Tribunal confirmed its jurisdiction to adjudicate legality reviews and the SIU's locus standi. The opposing respondents' points in limine were dismissed as lacking merit. The Tribunal held that the decl…
Minister for the Department of the Water and Sanitation v Batlhokomedi Management Services CC and Others (028612/2022) [2024] ZAGPPHC 489 (31 May 2024)
Court
North Gauteng High Court, Pretoria
Case number
028612/2022
Judge
GN Moshoana
Urgent bid to extend a suspended declaration of invalidity in a tender review was struck off for lack of urgency; costs were awarded against the applicant.
Financial and Fiscal Commission v Davids and Another (15022/2023) [2024] ZAWCHC 127 (8 May 2024)
Court
Western Cape High Court, Cape Town
Case number
15022/2023
Judge
Salie
The High Court declared two FFC appointments invalid for lack of authority, but refused to set them aside, finding that invalidity alone was just and equitable.
South African Iron and Steel Institute and Others v Speaker of the National Assembly and Others (CCT 240/22) [2023] ZACC 18; 2023 (10) BCLR 1232 (CC) (26 June 2023)
The Constitutional Court held that Parliament and the Provincial Legislatures failed to comply with their constitutional obligation to facilitate public involvement when material amendments were made to the National Environmental Management Laws Amendment Act 2 of 2022. The amendments to the definitions of 'waste', 'commercial value', 'trade in', and the transitional provision were substantive and significantly expanded the regulatory scope, affecting a new class of persons and imposing onerous requirements. The lack of further public participation after these amendments was unreasonable and…
Source excerpt
Public Participation
National Environmental Management Laws Amendment Act
The Constitutional Court found that Parliament and the provincial legislatures failed to fulfil their constitutional obligation to reasonably facilitate public involvement in passing the Traditional and Khoi-San Leadership Act. The Court identified numerous and material deficiencies in the public participation process, including inadequate notice, lack of pre-hearing education, inaccessible venues, insufficient communication and translation of the Bill, prioritisation of traditional leaders over ordinary community members, and inaccurate or incomplete reporting of public input. These failures…
National Department of Public Works v Roux Property Fund (PTY) Limited and Another (52530/2011) [2022] ZAGPPHC 1020 (19 December 2022)
Court
North Gauteng High Court, Pretoria
Case number
52530/2011
Judge
E van der Schyff
The High Court reviewed and set aside a 2010 lease for SAPS office space, holding that bypassing the open tender process rendered it invalid ab initio.
Public Protector of South Africa v Speaker of the National Assembly and Others (8500/2022) [2022] ZAWCHC 197; [2023] 1 All SA 256 (WCC); 2023 (4) SA 205 (WCC) (11 October 2022)
Court
Western Cape High Court, Cape Town
Case number
8500/2022
Judges
L G Nuku, M Francis, JD Lekhuleni
The High Court held that the President’s suspension of the Public Protector was conduct of the President requiring Constitutional Court confirmation.
