South Africa Case Law

Mlambo v Minister of National Department of Home Affairs and Another (94266/2019)

Mlambo v Minister of National Department of Home Affairs and Another (94266/2019) [2024] ZAGPPHC 1111 (20 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

94266/2019

Judge

Leso

The court found that the respondents had finalized the applicant's proof of permanent residence application in 2018 but failed to communicate the outcome and reasons directly to the applicant and her attorneys. This delay and referral to another office for collection constituted unreasonable administrative action, violating the applicant's rights under PAJA and the Constitution. The absence of direct communication deprived the applicant of the opportunity to pursue internal remedies or appeal. The court held that the respondents were obliged to communicate the decision and reasons in a prescr…

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• Promotion Of Administrative Justice Act
• Immigration Permits
• Delay In Administrative Action
• Review Of Administrative Decisions
• Internal Remedies
• Fair Administrative Procedure

Els v Health Professionals Council of SA and Others (5845/2022)

Els v Health Professionals Council of SA and Others (5845/2022) [2022] ZAWCHC 106 (30 May 2022)

Court

Western Cape High Court, Cape Town

Case number

5845/2022

Judge

Binns-Ward

The applicant failed to establish a well-grounded apprehension of irreparable harm resulting from the delay and loss of evidence in the disciplinary inquiry. The missing appendix to the expert report did not disable the professional conduct committee from fairly adjudicating the charges, and any prejudice could be addressed through internal appeal or statutory review. The applicant acquiesced in the delay, and her additional grounds—reputational harm, legal costs, and stress—did not constitute exceptional circumstances justifying interim relief. The prospects of success in her intended applic…

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• Disciplinary Inquiry
• Interim Interdict
• Delay In Administrative Action
• Irreparable Prejudice
• Professional Misconduct
• Stay Of Proceedings

Q4 Commercial Properties (Pty) Ltd v Municipal Manager: Madibeng Local Municipality and Others (47686/19)

Q4 Commercial Properties (Pty) Ltd v Municipal Manager: Madibeng Local Municipality and Others (47686/19) [2021] ZAGPPHC 81 (11 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

47686/19

Judge

T P Mudau

High Court ruled a late internal appeal under SPLUMA invalid, but refused to substitute its own decision on township applications under PAJA.

• Promotion Of Administrative Justice Act
• Internal Appeal Procedure
• Township Establishment
• Delay In Administrative Action
• Substitution Of Administrative Decision
• Condonation Of Late Filing

Bongo v Parliament of South Africa and Others (21955/2018)

Bongo v Parliament of South Africa and Others (21955/2018) [2019] ZAWCHC 69 (19 June 2019)

Court

Western Cape High Court, Cape Town

Case number

21955/2018

Judge

A.G. Binns-Ward

The court held that judicial intervention in ongoing parliamentary investigative processes is not warranted unless internal remedies have been exhausted or exceptional circumstances exist. The applicant's claim for review was abandoned during argument, and the alternative claim for interdictory relief was found to lack merit. The delay in the investigation was partly attributable to the applicant's own conduct in launching court proceedings, which caused the sub-committee to pause its process. The timeframes in the Code of Ethical Conduct are not peremptory, and strict adherence is less mater…

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• Internal Parliamentary Processes
• Judicial Review
• Separation Of Powers
• Delay In Administrative Action
• Procedural Fairness

South African Bureau of Standards v Public Protector and Another (34290/15)

South African Bureau of Standards v Public Protector and Another (34290/15) [2019] ZAGPPHC 101 (27 March 2019)

Court

North Gauteng High Court, Pretoria

Case number

34290/15

Judge

Potterill

The court held that the Public Protector acted irrationally and unfairly in entertaining and investigating complaints more than a decade after the relevant events, without obtaining the SABS's version or ensuring procedural fairness. The investigation was not conducted with an enquiring mind, and the findings were based on incorrect legal premises regarding the nature of the permit. The remedial action ordered was irrational and lacked a rational connection to the facts. The court found that the Public Protector's report and remedial action should be reviewed and set aside, and that the Publi…

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• Principle Of Legality
• Procedural Fairness
• Maladministration
• Remedial Action
• Review Of Public Protector
• Delay In Administrative Action

VR v Minister of Home Affairs and Others; InRe: CT and Another v Minister of Home Affairs and Others; InRe: SM and Another v Minister of Home Affairs and Others; InRe: SG and Another v Minister of Home Affairs and Others (10171/2014, 11149/2014, 11148/2014 ,12008/2014)

VR v Minister of Home Affairs and Others; InRe: CT and Another v Minister of Home Affairs and Others; InRe: SM and Another v Minister of Home Affairs and Others; InRe: SG and Another v Minister of Home Affairs and Others (10171/2014, 11149/2014, 11148/2014 ,12008/2014) [2014] ZAWCHC 171 (14 November 2014)

Court

Western Cape High Court, Cape Town

Case number

10171/2014, 11149/2014, 11148/2014, 12008/2014

Judge

KM Savage

The Court found that the applicants failed to establish that the Department of Home Affairs had unreasonably delayed issuing unabridged birth certificates for the adopted children. The administrative processes, including necessary checks to prevent child trafficking, were not shown to be inadequate or unduly cumbersome. The Court held that, in the absence of unreasonable delay, declaratory relief under PAJA was not warranted. However, since the Department had agreed to issue the certificates, it was reasonable to order rectification of erroneous details within ten days. Regarding costs, the C…

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• Promotion Of Administrative Justice Act
• Inter Country Adoption
• Birth Registration
• Unabridged Birth Certificate
• Hague Convention
• Delay In Administrative Action

Reinecke v Free State Gambling and Liquor Authority and Another (3402/2014)

Reinecke v Free State Gambling and Liquor Authority and Another (3402/2014) [2014] ZAFSHC 196 (30 October 2014)

Court

Free State High Court, Bloemfontein

Case number

3402/2014

Judge

Lekale

The court struck out scandalous allegations against the applicant’s attorney and ordered the liquor authority to decide the tavern registration application within one month.

• Mandamus
• Promotion Of Administrative Justice Act
• Delay In Administrative Action
• Striking Out Scandalous Matter
• Attorney And Client Costs
• Striking-out

Masstores (Pty) Ltd v Minister of Trade And Industry and Another (42943/12)

Masstores (Pty) Ltd v Minister of Trade And Industry and Another (42943/12) [2014] ZAGPPHC 142 (2 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

42943/12

Judge

BAM

The High Court held that a liquor application delay justified an urgent application, but because the matter was removed before hearing, costs were limited.

• Liquor Act Section 16
• Delay In Administrative Action
• Urgency
• Costs Award
• Administrative-delay
• Urgent-applications

Masstores (Pty) Ltd v Minister of Trade and Industry and Another (42943/12)

Masstores (Pty) Ltd v Minister of Trade and Industry and Another (42943/12) [2014] ZAGPPHC 147 (2 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

42943/12

Judge

BAM

A High Court costs ruling on a delayed Liquor Act application: the applicant was justified in launching an urgent application, but penalty costs were refused.

• Liquor Act Section 16
• Delay In Administrative Action
• Urgency
• Costs Award
• Administrative-law
• Civil-procedure

Buthelezi and Another v Minister of Home Affairs and Others (22071/2011)

Buthelezi and Another v Minister of Home Affairs and Others (22071/2011) [2012] ZAWCHC 3 (3 February 2012)

Court

Western Cape High Court, Cape Town

Case number

22071/2011

Judges

Baartman, Davis

The court found that the Dalai Lama withdrew his visa application and the events he intended to attend had already occurred. There was no evidence of a new, accepted invitation. Therefore, there was no longer a live controversy, rendering the matter moot. The court considered whether to exercise its discretion to hear the case despite mootness but concluded that any order would have no practical effect on the parties or others. The facts were unique to the Dalai Lama and did not raise broader legal issues requiring judicial intervention. The criteria for granting visas are well-established an…

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• Promotion Of Administrative Justice Act
• Delay In Administrative Action
• Mootness
• Constitutional Rights
• Immigration Act Interpretation