South Africa Case Law

Mfalapitsa v Minister of Justice and Correctional Services and Others (2023/060969)

Mfalapitsa v Minister of Justice and Correctional Services and Others (2023/060969) [2024] ZAGPJHC 1136; 2025 (1) SACR 482 (GJ) (11 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/060969

Judge

S D J Wilson

Review dismissed in an amnesty case arising from the COSAS Four murders; the court held the refusal of amnesty was reasonable and the killings were disproportionate to any political objective.

• Amnesty Review
• Promotion Of National Unity And Reconciliation Act
• Proportionality Requirement
• Administrative Action
• Delay And Condonation
• Amnesty-review

Booysen and Another v City of Cape Town and Others (17673/2022)

Booysen and Another v City of Cape Town and Others (17673/2022) [2024] ZAWCHC 134 (20 May 2024)

Court

Western Cape High Court, Cape Town

Case number

17673/2022

Judge

J Cloete

PAJA review dismissed for extreme delay. The applicants challenged a City lease over municipal housing, but sought no condonation and showed no procedural unfairness.

• Promotion Of Administrative Justice Act
• Unlawful Occupation Policy
• Locus Standi
• Delay And Condonation
• Procedural Fairness
• Administrative-law

Magano and Others v Kaps and Others (UM92/2020)

Magano and Others v Kaps and Others (UM92/2020) [2024] ZANWHC 80 (19 March 2024)

Court

North West High Court, Mafikeng

Case number

UM92/2020

Judge

FMM Reid

The High Court dismissed a Rule 42(1)(a) rescission application, finding no proof that attorneys lacked mandate and holding the delay of over three years unjustified.

• Rescission Of Judgment
• Mandate Of Attorney
• Delay And Condonation
• Board Resolution Validity
• Bank Account Signatory Change
• Rescission-of-judgment

J.M.M v P.M.M and Another

J.M.M v P.M.M and Another [2023] ZAGPPHC 422; 60586/2011 (26 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

60586/2011

Judge

N Davis

The court dismissed a late application to vary a divorce order to add a pension-interest order under section 7(8) of the Divorce Act.

• Divorce Act Section 7 8
• Variation Of Court Order
• Pension Interest
• Joint Estate Division
• Rule 42 Uniform Rules
• Delay And Condonation

Electoral Commission of South Africa and Another v Speaker of the uMhlathuze Local Council and Others (10/2022 EC)

Electoral Commission of South Africa and Another v Speaker of the uMhlathuze Local Council and Others (10/2022 EC) [2022] ZAEC 11; [2023] 1 All SA 386 (Elect Ct) (1 December 2022)

Court

Electoral Court

Case number

10/2022 EC

Judges

Zondi JA, Shongwe AJ, Modiba J, Professor Ntlama-Makhanya, Professor Phooko

The Electoral Court found that the delay in bringing the review application was unreasonable but, in the interests of justice and legal certainty, condoned the delay. The Court interpreted item 20 of Schedule 2 to the Local Government: Municipal Structures Act to mean that only seats proportionally allocated according to votes cast should be filled, and any remaining seats should remain unallocated if not supported by sufficient votes. The allocation of the three additional seats to the eighth, ninth, and tenth respondents was unlawful, unconstitutional, and invalid. The Court set aside their…

Source excerpt

• Principle Of Legality Review
• Delay And Condonation
• Non Joinder
• Local Government Structures Act
• Allocation Of Council Seats
• Just And Equitable Remedy

Notyawa v Makana Municipality and Others (683/2017)

Notyawa v Makana Municipality and Others (683/2017) [2017] ZAECGHC 138 (30 November 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

683/2017

Judge

Roberson

The court held that the decisions challenged by the applicant constituted administrative action and should have been reviewed under PAJA. The application was brought outside the prescribed 180-day period, and no substantive application for condonation was made. The applicant's explanation for delay was inadequate and would not have justified an extension even if sought. The relief sought was moot due to the expiry of the employment contract, and the right to constitutional damages did not arise as no decision was made on the validity of the impugned decisions. The court found no reasonable pr…

Source excerpt

• Municipal Manager Appointment
• Review Of Administrative Action
• Delay And Condonation
• Legality Review Vs Paja
• Mootness
• Constitutional Damages

South African National Roads Agency Limited v City of Cape Town (66/2016)

South African National Roads Agency Limited v City of Cape Town (66/2016) [2016] ZASCA 122; [2016] 4 All SA 332 (SCA); 2017 (1) SA 468 (SCA) (22 September 2016)

Court

Supreme Court of Appeal

Case number

66/2016

Judges

Navsa, Cachalia, Wallis, Petse, Mocumie

The SCA held that SANRAL’s toll-road approval process was unlawful because its board never validly resolved to seek approval, and the minister misconstrued his role.

• Promotion Of Administrative Justice Act
• Judicial Review Of Administrative Action
• Delay And Condonation
• Toll Road Declaration
• Public Participation
• Principle Of Legality

Nkata v Firstrand Bank Limited and Others (14272/2010)

Nkata v Firstrand Bank Limited and Others (14272/2010) [2014] ZAWCHC 1; 2014 (2) SA 412 (WCC) (16 January 2014)

Court

Western Cape High Court, Cape Town

Case number

14272/2010

Judge

Rogers

The High Court refused rescission of a default judgment but held that the mortgage agreements had been reinstated under section 129(3) of the NCA, invalidating the later sale in execution.

• National Credit Act
• Default Judgment Rescission
• Section 129 Notice
• Mortgage Bond Enforcement
• Delay And Condonation
• Reinstatement Of Credit Agreement

Crossing Property Investment (Pty) Ltd v Premier of the North West Province and Others (2497/07)

Crossing Property Investment (Pty) Ltd v Premier of the North West Province and Others (2497/07) [2010] ZANWHC 7 (1 July 2010)

Court

North West High Court, Mafikeng

Case number

2497/07

Judge

M.G Khoza

Review of a state-land disposal dismissed for non-joinder and unreasonable delay under PAJA, after the court found the applicant acted too late.

• Promotion Of Administrative Justice Act
• State Land Disposal
• Procedural Fairness
• Public Participation
• Non Joinder
• Delay And Condonation

Minister of Labour, of the Government of the Republic of South Africa v Fedics Group (Pty) Ltd (711/2002)

Minister of Labour, of the Government of the Republic of South Africa v Fedics Group (Pty) Ltd (711/2002) [2007] ZAECHC 43 (14 June 2007)

Court

High Courts - Eastern Cape

Case number

711/2002

Judge

E Revelas

The High Court dismissed the Minister of Labour’s rescission application, finding no sufficient cause, no bona fide defence, and undue delay.

• Rescission Of Judgment
• Authority To Contract
• Arbitration Clause
• Delay And Condonation
• Rescission-of-judgment
• Authority-to-contract