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South Africa Case Law

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Tax Law [2024] ZAGPPHC 457

Fair-Trade Independent Tobacco Association NPC and Others v Commissioner for the South African Revenue Services and Another (115176/2023; 115375/2023)

Fair-Trade Independent Tobacco Association NPC and Others v Commissioner for the South African Revenue Services and Another (115176/2023; 115375/2023) [2024] ZAGPPHC 457 (15 May 2024)

Court
North Gauteng High Court, Pretoria
Case number
115176/2023; 115375/2023
Judge
L.A. Retief

The court found that the applicants demonstrated a prima facie right to challenge the legality and constitutionality of Rule 19.09, which imposes continuous CCTV monitoring on licensed tobacco warehouses. The implementation of the rule, particularly as extended by SARS's notice to include storage areas not covered by the rule, creates a risk of overreach and irreparable harm to the applicants' privacy and proprietary interests. The court held that the balance of convenience favours the applicants, as SARS failed to show urgency or harm from delayed implementation, and the applicants are tax c…

Source excerpt

  • Customs And Excise Act
  • Interim Interdict
  • Right To Privacy
  • Delegated Legislation
  • Condonation
  • Constitutional Review
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Constitutional Law [2023] ZASCA 146

Minister of Justice and Correctional Services and others v Ntuli (539/2020)

Minister of Justice and Correctional Services and others v Ntuli (539/2020) [2023] ZASCA 146; [2024] 1 All SA 333 (SCA); 2024 (1) SACR 227 (SCA) (8 November 2023)

Court
Supreme Court of Appeal
Case number
539/2020
Judges
Dambuza, Meyer, Matojane, Goosen, Unterhalter

The Supreme Court of Appeal held that the Department of Correctional Services' policy prohibiting prisoners from using personal computers in their cells constitutes an unjustified infringement of the right to further education under section 29(1)(b) of the Constitution. The blanket prohibition fails to consider the necessity of computer access for certain courses and does not meet the standard of demonstrable justification required by section 36. The security concerns advanced by the appellants were speculative and unsupported by evidence of incremental risk. The Court further found that the…

Source excerpt

  • Right To Further Education
  • Unfair Discrimination
  • Promotion Of Equality And Prevention Of Unfair Discrimination Act
  • Prisoners Rights
  • Limitation Of Rights
  • Delegated Legislation
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Administrative Law [2018] ZAWCHC 110

Pioneer Foods (Pty) Ltd v Minister of Finance and Others (15797/2017)

Pioneer Foods (Pty) Ltd v Minister of Finance and Others (15797/2017) [2018] ZAWCHC 110; [2018] 4 All SA 428 (WCC) (5 September 2018)

Court
Western Cape High Court, Cape Town
Case number
15797/2017
Judges
M I Samela, J I Cloete

The court held that the Minister of Finance's powers under section 48(1)(b) of the Customs and Excise Act are legislative and discretionary in nature, not merely administrative or mechanical. The Minister derives these powers from the Customs and Excise Act, which requires independent policy consideration and discretion before amending tariffs, even when a request is received from the Minister of Trade and Industry. The Minister is not bound to publish adjusted tariffs within a fixed period or to act solely on the basis of a mechanical formula. The legislative framework, including the Public…

Source excerpt

  • Customs And Excise Act
  • Ministerial Discretion
  • Variable Import Tariff
  • Delegated Legislation
  • Policy Vs Administration
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Administrative Law [2016] ZAGPJHC 55

Melani and Others v City of Johannesburg and Others (02752/2014)

Melani and Others v City of Johannesburg and Others (02752/2014) [2016] ZAGPJHC 55; 2016 (5) SA 67 (GJ) (22 March 2016)

Court
South Gauteng High Court, Johannesburg
Case number
02752/2014
Judge
Strauss AJ

The Court found that the City of Johannesburg's failure to apply the Upgrading of Informal Settlements Programme (UISP) to Slovo Park was unlawful and unreasonable. The UISP, as part of the National Housing Code, is binding on the City and prescribes that in situ upgrading should be preferred over relocation wherever feasible. Expert reports indicated that development at Slovo Park is possible despite dolomitic ground concerns. The City's unilateral decision to relocate residents to Unaville, without proper consultation or engagement, disregarded both the legislative framework and the legitim…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Right To Adequate Housing
  • Upgrading Of Informal Settlements
  • Legitimate Expectation
  • Reasonableness Review
  • Delegated Legislation
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Administrative Law [2015] ZASCA 149

Member of the Executive Council for Education, Gauteng and Another v Federation of Governing Bodies for South African Schools (20420/2014)

Member of the Executive Council for Education, Gauteng and Another v Federation of Governing Bodies for South African Schools (20420/2014) [2015] ZASCA 149; [2015] 4 All SA 591 (SCA) (16 October 2015)

Court
Supreme Court of Appeal
Case number
20420/2014
Judges
Mpati, Navsa, Shongwe, Dambuza, Van der Merwe

The Supreme Court of Appeal held that the Gauteng regulations on admission of learners to public schools do not conflict with national or provincial legislation and are not ultra vires the enabling legislation. The regulations are within the powers conferred by s 11(1) of the GSEA and do not unjustifiably encroach on the autonomy of school governing bodies. The department retains ultimate control over admissions and capacity, subject to reasonable and procedurally fair exercise of its powers and good faith engagement with governing bodies. Regulation 2(2A) was found to be vague and incomprehe…

Source excerpt

  • School Admissions
  • Delegated Legislation
  • Cooperative Governance
  • Ultra Vires
  • Procedural Fairness
  • Right To Education
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Constitutional Law [2007] ZACC 1

Engelbrecht v Road Accident Fund and Another (CCT57/06)

Engelbrecht v Road Accident Fund and Another (CCT57/06) [2007] ZACC 1; 2007 (6) SA 96 (CC); 2007 (5) BCLR 457 (CC) (6 March 2007)

Court
Constitutional Court
Case number
CCT57/06
Judges
Kondile AJ, Langa CJ, Moseneke DCJ, Madala J, Mokgoro J, Nkabinde J, O'Regan J, Sachs J, Van Heerden AJ, Van der Westhuizen J, Yacoob J

Regulation 2(1)(c) of the Road Accident Fund Act regulations, which requires a claimant in a hit-and-run case to submit an affidavit to the police within 14 days after being in a position to do so, constitutes a limitation of the right of access to courts protected by section 34 of the Constitution. The 14-day period is unreasonably short and unfair, especially for the majority of claimants who are unlikely to be aware of the regulation. The double qualification ('if reasonably possible' and 'in a position to do so') does not sufficiently mitigate the harshness of the time limit. The responde…

Source excerpt

  • Right Of Access To Courts
  • Road Accident Fund Act
  • Delegated Legislation
  • Limitation Of Rights
  • Regulation Invalidity
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Civil Procedure [2004] ZASCA 121

Geldenhuys & Joubert v Van Wyk and Another; Van Wyk v Geldenhuys & Joubert and Another (471/2003, 472/2003)

Geldenhuys & Joubert v Van Wyk and Another; Van Wyk v Geldenhuys & Joubert and Another (471/2003, 472/2003) [2004] ZASCA 121; [2005] 2 All SA 460 (SCA); 2005 (2) SA 512 (SCA) (30 November 2004)

Court
Supreme Court of Appeal
Case number
471/2003, 472/2003
Judges
Scott JA, Cameron JA, Brand JA, Nugent JA, Erasmus AJA

The Supreme Court of Appeal held that regulation 2(3), which requires claims for compensation involving injury caused by unidentified vehicles to be lodged within two years, is valid. The Act expressly empowers the Minister to subordinate the Fund's liability to unidentified vehicle claimants to regulatory conditions. The regulation makes the lodging of the claim within two years a precondition to the existence of the debt, and therefore the Prescription Act does not apply. The distinction between identified and unidentified vehicle claims is fundamental, as the latter creates a statutory rig…

Source excerpt

  • Road Accident Fund Act
  • Prescription Periods
  • Ministerial Regulation Validity
  • Unidentified Vehicle Claims
  • Delegated Legislation
  • Legal Disability
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Administrative Law [2003] ZASCA 77

Minister of Environmental Affairs and Tourism v Du Toit and Others (129/03, 130/03)

Minister of Environmental Affairs and Tourism v Du Toit and Others (129/03, 130/03) [2003] ZASCA 77; [2003] 4 All SA 1 (SCA); 2004 (1) SA 308 (SCA) (5 September 2003)

Court
Supreme Court of Appeal
Case number
129/03, 130/03
Judges
Harms, Navsa, Brand, Cloete, Heher

The Supreme Court of Appeal held that the requirements set out in the General Notice issued under the Marine Living Resources Act were peremptory and that neither the Chief Director nor the Minister had discretion to condone non-compliance with those requirements. The applications by Pepper Bay and Smith failed to comply with the prescribed formalities—Pepper Bay did not pay the application fee timeously, and Smith did not submit the required copies by the deadline. The Court rejected the argument that the Instructions could override the Invitation or that the word 'may' in the Instructions c…

Source excerpt

  • Marine Living Resources Act
  • Delegated Legislation
  • Procedural Fairness
  • Condonation Of Non Compliance
  • Judicial Review
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Administrative Law [2003] ZASCA 69

Bezuidenhout v Road Accident Fund (355/2002)

Bezuidenhout v Road Accident Fund (355/2002) [2003] ZASCA 69; [2003] 3 All SA 249 (SCA); 2003 (6) SA 61 (SCA) (2 June 2003)

Court
Supreme Court of Appeal
Case number
355/2002
Judges
Vivier, Farlam, Cameron, Conradie, Shongwe

Regulation 2(1)(d) of the Road Accident Fund Act, which requires physical contact for compensation in unidentified vehicle cases, is ultra vires the empowering provisions of the Act. The regulation imposes a limitation not found in the Act and is inconsistent with its object of providing the greatest possible protection to victims of negligent driving. The Minister's power to make regulations under section 26(1) does not extend to excluding liability in non-contact cases, as such exclusion runs counter to the purpose of the Act. The legislative history shows that previous statutes expressly e…

Source excerpt

  • Ultra Vires
  • Road Accident Fund Act
  • Delegated Legislation
  • Regulatory Power
  • Compensation For Motor Vehicle Accidents
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Constitutional Law [2001] ZACC 3

Minister of Home Affairs v Liebenberg (CCT22/01)

Minister of Home Affairs v Liebenberg (CCT22/01) [2001] ZACC 3; 2001 (11) BCLR 1168 ; 2002 (1) SA 33 (CC) (8 October 2001)

Court
Constitutional Court
Case number
CCT22/01
Judges
Skweyiya AJ, Chaskalson P, Langa DP, Ackermann J, Kriegler J, Madala J, Mokgoro J, O'Regan J, Sachs J, Yacoob J, Du Plessis AJ

The Constitutional Court held that the High Court order did not constitute an order of constitutional invalidity of an Act of Parliament, a provincial Act, or conduct of the President as contemplated by section 172(2) of the Constitution. The regulations in question are subordinate legislation and do not have the status of an Act of Parliament. The order was vague and did not specify any statutory provisions declared invalid. Consequently, the application for confirmation was dismissed, as the Constitutional Court does not have jurisdiction to confirm invalidity of regulations or vague orders…

Source excerpt

  • Confirmation Of Invalidity
  • Delegated Legislation
  • Mandamus
  • Constitutional Interpretation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.