South Africa Case Law

Director-General Office of the Premier, Western Cape and Another v NEHAWU obo Nobala and Thunzi and Another (C674/2016; C754/2017)

Director-General Office of the Premier, Western Cape and Another v NEHAWU obo Nobala and Thunzi and Another (C674/2016; C754/2017) [2025] ZALCCT 41 (3 July 2025)

Court

Labour Court Cape Town

Case number

C674/2016; C754/2017

Judge

A Oosthuizen

The Labour Court re-archived a long-dormant review after finding the applicants had not shown a satisfactory explanation for years of delay.

• Practice Manual Archiving
• Delay In Review
• Costs Order
• Settlement Dispute
• Labour-law
• Practice-manual

Ratau and Others v Premier Limpopo Province and Others (12970/2022)

Ratau and Others v Premier Limpopo Province and Others (12970/2022) [2025] ZALMPPHC 130 (30 June 2025)

Court

Limpopo High Court, Polokwane

Case number

12970/2022

Judge

Bresler

The Court found that the Applicants failed to properly identify a cause of action under PAJA, as they did not specify which provisions of the Act were relied upon and did not establish that the Premier had a duty or power to self-review its decision upon receipt of new facts. The principle of legality was held not to apply, as PAJA governs the review of administrative action in this context. The delay of approximately seven years in instituting review proceedings was found to be unreasonable and fatal to the application, with no sufficient explanation provided. In the absence of any prospect…

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• Promotion Of Administrative Justice Act
• Delay In Review
• Principle Of Legality
• Traditional Leadership Recognition

Williams-Pretorius v Legal Practice Council, Western Cape and Another (21929/2023)

Williams-Pretorius v Legal Practice Council, Western Cape and Another (21929/2023) [2025] ZAWCHC 256 (20 June 2025)

Court

Western Cape High Court, Cape Town

Case number

21929/2023

Judges

P. S. Van Zyl, H. Slingers

Review of LPC dismissal of a misconduct complaint failed for delay, failure to exhaust internal appeal, and no reviewable irregularity.

• Promotion Of Administrative Justice Act
• Internal Remedies Exhaustion
• Delay In Review
• Legal Practitioners Discipline
• Costs Award
• Administrative-law

Williams v Legal Practice Council, Gauteng and Anothers (2023/084448; 2023/097051; 2023/097091)

Williams v Legal Practice Council, Gauteng and Anothers (2023/084448; 2023/097051; 2023/097091) [2025] ZAGPJHC 449 (30 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/084448; 2023/097051; 2023/097091

Judge

DE OLIVEIRA

The court found that the applicant's affidavits in all three cases were not properly commissioned, failing to comply with Regulation 4, and that there was no substantial compliance to warrant condonation. In the first case, even if the procedural defect were overlooked, the applicant's substantive complaints had already resulted in a disciplinary hearing recommendation against Adv. Wass, rendering the review application unnecessary. In the second and third cases, the delay in instituting review proceedings was inordinate and unexplained, and no satisfactory explanation was provided to justify…

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• Legal Practice Act Review
• Disciplinary Proceedings
• Delay In Review
• Commissioning Of Affidavits
• Prima Facie Evidence
• Costs In Review

Ekurhuleni Water Care Company v Maziya General Services CC (2023/090528)

Ekurhuleni Water Care Company v Maziya General Services CC (2023/090528) [2025] ZAGPJHC 339 (3 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/090528

Judge

L Putter

The High Court dismissed Erwat’s self-review over contractual extensions, finding no reviewable public power and refusing condonation for the late application.

• Legality Review
• Municipal Finance Management Act
• Contractual Extensions
• Delay In Review
• Adjudication Procedure
• Termination Of Contract

Mtakata v Passenger Rail Agency of South Africa (PRASA) and Others (17671/2023)

Mtakata v Passenger Rail Agency of South Africa (PRASA) and Others (17671/2023) [2025] ZAWCHC 52 (18 February 2025)

Court

Western Cape High Court, Cape Town

Case number

17671/2023

Judge

S G Magardie

The High Court dismissed a declaratory application challenging PRASA’s 2017 dismissal decision and found no basis to invalidate the disciplinary process.

• Unlawful Dismissal
• Declaratory Relief
• Conflict Of Interest
• Procurement Policy
• Delay In Review
• Oudekraal Principle

!Kheis Municipality v Mareka (3180/2022)

!Kheis Municipality v Mareka (3180/2022) [2025] ZAFSHC 38 (6 February 2025)

Court

Free State High Court, Bloemfontein

Case number

3180/2022

Judges

Mhlambi, Jordaan

The court found that it had jurisdiction to hear the matter as the respondent resides within its area and the cause of action relates to his employment. The applicant did not unreasonably delay in bringing the review application, as the delay was satisfactorily explained by the change in municipal management and subsequent discovery of the irregular appointment. The appointment of the respondent was unlawful because the post did not exist on the approved staff establishment and was not approved by council, as required by the Local Government: Municipal Systems Act and its regulations. The Mun…

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• Legality Review
• Municipal Staff Appointments
• Jurisdiction Of High Court
• Delay In Review
• Local Government Structures Act

Member of the Executive Council of the Department of Co-Operative Governance, Human Settlements and Traditional Affairs, Free State Province v Scenic Route Trading 802 CC and the 105 Further Respondents Listed in Annexure 1 of the Applicants Notice of Motion (A241/2016)

Member of the Executive Council of the Department of Co-Operative Governance, Human Settlements and Traditional Affairs, Free State Province v Scenic Route Trading 802 CC and the 105 Further Respondents Listed in Annexure 1 of the Applicants Notice of Motion (A241/2016) [2025] ZAFSHC 15 (24 January 2025)

Court

Free State High Court, Bloemfontein

Case number

A241/2016

Judges

Molitsoane, Majosi

The High Court declared unlawful and set aside Free State Human Settlements agreements and payments to Cembrick, despite a 14-year delay in launching review proceedings.

• Public Procurement
• Legality Review
• Unjust Enrichment
• Delay In Review
• Section 217 Constitution
• Material Supply Agreements

South African Tourism Board v Swift Thinking (Pty) Ltd and Another (64333/21 ; 64334/21)

South African Tourism Board v Swift Thinking (Pty) Ltd and Another (64333/21 ; 64334/21) [2024] ZAGPPHC 1311 (6 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

64333/21 ; 64334/21

Judge

Khashane La M Manamela

The High Court set aside SA Tourism’s appointments of Swift and Letsema as unlawful procurement decisions, but limited repayment to profits and reasonable costs.

• Public Procurement
• Legality Review
• Section 217 Constitution
• Just And Equitable Remedy
• Unlawful Contract
• Delay In Review

Nedile Lodge (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality (23/013897)

Nedile Lodge (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality (23/013897) [2024] ZAGPPHC 1151 (13 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

23/013897

Judge

G J Scheepers

The court found that the first applicant has an existing and future right to renew the lease agreement under clause 29, which is incorporated into each subsequent renewal as the agreement provides for renewal 'on the same terms and conditions'. The respondent failed to establish lawful cancellation or invalidity of the agreement, as no factual basis or statutory non-compliance was proven, and the respondent continued to act under the agreement for many years. The delay in raising invalidity was unreasonable and unexplained, barring the respondent from relief in reconvention. The court decline…

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• Lease Renewal
• Contract Interpretation
• Municipal Asset Transfer
• Market Related Rental
• Delay In Review
• Declaratory Relief