South Africa Case Law

Alexkor Soc Limited and Another v Carstens (JA7/24)

Alexkor Soc Limited and Another v Carstens (JA7/24) [2025] ZALAC 28; (2025) 46 ILJ 1874 (LAC) (15 May 2025)

Court

Labour Appeal Court

Case number

JA7/24

Judges

Molahlehi JP, Savage ADJP, Van Niekerk JA

The Labour Appeal Court held that the Labour Court does not have jurisdiction to declare pre-arbitration minutes concluded under CCMA Rule 20 invalid, as such matters are internal to the CCMA and should be addressed within its processes. The Court affirmed that administrative decisions, including pre-arbitration minutes, remain valid and binding until set aside by a competent court on review. The appellants failed to pursue a review of the commissioner's ruling and instead sought a declaratory order, which the Labour Court correctly refused. The Court further found that the delays in filing b…

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• Ccma Rules
• Pre Arbitration Minutes
• Jurisdiction Of Labour Court
• Declaratory Orders
• Condonation
• Costs In Labour Matters

National Department of Public Works v Roux Property Fund (Pty) Ltd and Another (52530/2011)

National Department of Public Works v Roux Property Fund (Pty) Ltd and Another (52530/2011) [2023] ZAGPPHC 1968 (29 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

52530/2011

Judge

E van der Schyff

The High Court dismissed a postponement request in an application for leave to appeal, found the delay self-inflicted, and granted leave to appeal to the SCA.

• Leave To Appeal
• Locus Standi
• Declaratory Orders
• Doctrine Of Legality
• Leave-to-appeal
• Postponement

Kilbourn v Zwemstra N.O. and Others (24858/2020)

Kilbourn v Zwemstra N.O. and Others (24858/2020) [2023] ZAGPPHC 1938 (14 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

24858/2020

Judge

Swanepoel

The High Court dismissed an application about a retirement village trust, PAIA access, trust termination, and an administrator, with punitive costs.

• Sectional Titles Act
• Trust Termination
• Fiduciary Duties
• Promotion Of Access To Information Act
• Appointment Of Administrator
• Declaratory Orders

L.D.T v H.D.T (6201/2022)

L.D.T v H.D.T (6201/2022) [2023] ZAFSHC 199 (22 May 2023)

Court

Free State High Court, Bloemfontein

Case number

6201/2022

Judge

Jonase

The Rule 43 order granted on 11 December 2020 remains in full force and effect until the divorce action between the parties is finalised. The deed of settlement, although concluded, has not been approved by the court nor incorporated into a final divorce decree. There is a dispute regarding its abandonment, and the respondent's reliance on waiver is misplaced. The respondent is obliged to comply with the Rule 43 order, including maintenance payments and medical aid provisions, until the divorce is finalised or the order is varied by the court. The application for a declaratory order is approp…

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• Rule 43 Interim Relief
• Maintenance Pendente Lite
• Declaratory Orders
• Waiver Of Rights

Kinnear and Another v Master of the High Court and Others

Kinnear and Another v Master of the High Court and Others [2023] ZAGPPHC 180; 36165/2021 (24 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

36165/2021

Judge

Mncube

The court found that the unsigned document did not meet the jurisdictional requirements of section 2(3) of the Wills Act. There was insufficient evidence that the deceased personally drafted or executed the document, or that she intended it to be her will. The evidence presented by the applicants was largely hearsay, and the financial adviser did not substantiate the deceased's instructions or confirm that she had sight of the document. The court held that the deceased had ample opportunity to finalize and sign a new will but did not do so. On the balance of probabilities, the applicants fail…

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• Wills Act Section 2 3
• Declaratory Orders
• Testamentary Intention
• Revocation Of Will

Vantage Goldfields SA (Pty) Ltd and Others v Arqomanzi (Pty) Ltd (1302/2021; 1272/2021)

Vantage Goldfields SA (Pty) Ltd and Others v Arqomanzi (Pty) Ltd (1302/2021; 1272/2021) [2022] ZASCA 185; 2023 (4) SA 568 (SCA) (22 December 2022)

Court

Supreme Court of Appeal

Case number

1302/2021; 1272/2021

Judges

Dambuza, Molemela, Gorven, Windell, Chetty

The SCA held that adopted business rescue plans cannot be unilaterally amended by practitioners. It set aside declaratory relief not sought, but upheld the interdict and costs order.

• Business Rescue
• Unilateral Amendment Of Business Rescue Plan
• Declaratory Orders
• Costs Liability
• Creditor Rights
• Business-rescue

Mobile Telephone Networks (Pty) Ltd v Commissioner for the South African Revenue Service (805/2021)

Mobile Telephone Networks (Pty) Ltd v Commissioner for the South African Revenue Service (805/2021) [2022] ZASCA 142; [2023] 1 All SA 330 (SCA); 2023 (1) SA 420 (SCA); 85 SATC 235 (24 October 2022)

Court

Supreme Court of Appeal

Case number

805/2021

Judges

Dambuza, Makgoka, Gorven, Weiner, Salie-Hlophe

The SCA held that MTN’s VAT declaratory application over pre-paid vouchers was inappropriate because the facts were not sufficiently clear or uncontested.

• Value Added Tax Act
• Declaratory Orders
• Administrative Action
• Private Binding Ruling
• Tax Dispute Resolution
• Value-added-tax

MEC for the Department of Health Eastern Cape v NEHAWU and Others (P48/22)

MEC for the Department of Health Eastern Cape v NEHAWU and Others (P48/22) [2022] ZALCPE 9 (24 June 2022)

Court

Labour Court Port Elizabeth

Case number

P48/22

Judge

Lallie

The Labour Court found that it lacked jurisdiction to adjudicate the respondents' counter-application, which sought declaratory relief based on alleged violations of section 27 of the Constitution and various health statutes. The respondents failed to demonstrate that the alleged constitutional violation arose from employment or labour relations, or any of the circumstances contemplated in section 157(2) of the Labour Relations Act. The pleadings did not identify any individual denied emergency medical treatment, nor did they establish a link between the alleged violation and the applicant's…

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• Jurisdiction Of Labour Court
• Section 157 Lra
• Section 27 Constitution
• Declaratory Orders
• Unprotected Strike

Magaguli and Others v Setlhomogi and Others (2620/21; 24/22)

Magaguli and Others v Setlhomogi and Others (2620/21; 24/22) [2022] ZANCHC 9 (25 February 2022)

Court

Northern Cape High Court, Kimberley

Case number

2620/21; 24/22

Judge

Lever

The court found that the termination of the first applicant's appointment as acting municipal manager was unlawful and invalid because the respondents failed to comply with section 30(5) of the Local Government: Municipal Structures Act, which requires a report and recommendation from the executive mayor or committee before such decisions. The purported continuation meeting on 13 December 2021 was neither valid nor lawful, as the original meeting had been adjourned by the speaker due to chaos, and no proper notice was given to all councillors as required by the council's standing orders and r…

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• Municipal Structures Act
• Declaratory Orders
• Termination Of Employment
• Validity Of Council Meetings
• Costs Orders

Mahlangu and Another v Minister of Defence and Military Veterans (54573/2018)

Mahlangu and Another v Minister of Defence and Military Veterans (54573/2018) [2020] ZAGPPHC 461 (14 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

54573/2018

Judge

Van der Westhuizen

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and rejecting claims of misdirected findings on internal remedies.

• Leave To Appeal
• Exhaustion Of Internal Remedies
• Declaratory Orders
• Defence Act
• Judicial Review
• Leave-to-appeal