The Supreme Court of Appeal held that the challenge to COVID-19 religious-gathering regulations was moot because the regulations had already been repealed.
The Constitutional Court held that the matter was moot because the state of disaster had ended, the Tourism Relief Fund was exhausted, and the Supreme Court of Appeal's order did not affect funds already disbursed. There was no longer a live controversy between the parties, and any decision would be of academic interest only. The Court found no compelling reason to entertain the matter despite its mootness, noting that conflicting decisions in this specific case did not justify Constitutional Court intervention. The application for leave to appeal was not in the interests of justice and was d…
Saziwa and Others v Mhlontlo Local Municipality and Others (2016/2022; 810/22; 1225/22; 2017/22) [2023] ZAECMHC 1 (10 January 2023)
Court
Eastern Cape High Court, Mthatha
Case number
2016/2022
Judge
Notyesi
The court dismissed a review for emergency shelter, holding the applicants failed to exhaust internal remedies and proved no declared disaster or municipal notification.
Minister of Cooperative Governance and Traditional Affairs and Another v British American Tobacco South Africa (Pty) Ltd and Others (309/21) [2022] ZASCA 89; [2022] 3 All SA 332 (SCA) (14 June 2022)
Court
Supreme Court of Appeal
Case number
309/21
Judges
Maya, Zondi, Van der Merwe, Schippers, Molefe
The Supreme Court of Appeal held that Regulation 45, which prohibited the sale of tobacco and related products during the COVID-19 lockdown, constituted an unjustifiable limitation of several constitutional rights, including dignity, bodily and psychological integrity, freedom of trade, and property. The Minister failed to establish, on objective evidence, that the regulation was strictly necessary to achieve its stated purpose of reducing strain on the health system. The scientific evidence was inconclusive regarding the link between smoking and severe COVID-19 outcomes, and the ban was inef…
Selepe v University of Johannesburg (2022/638) [2022] ZAGPJHC 1062 (21 April 2022)
Court
South Gauteng High Court, Johannesburg
Case number
2022/638
Judge
Oosthuizen-Senekal CSP
The High Court dismissed an urgent challenge to the University of Johannesburg’s vaccination policy, finding the application was self-created urgency and that internal remedies were not exhausted.
Maarman v President of the Republic of South Africa and Another (1279/2022) [2022] ZAWCHC 91 (4 April 2022)
Court
Western Cape High Court, Cape Town
Case number
1279/2022
Judge
P. S. Van Zyl
The application was dismissed on multiple grounds. The Court found that the matter was not urgent, as the applicant failed to provide a satisfactory explanation for the delay in seeking interim relief and had previously instituted similar proceedings. The application was moot because the Constitutional Court had already dismissed the underlying challenge to the Disaster Management Act regulations, and no valid rescission application was pending. The High Court lacked jurisdiction to grant interim relief where exclusive jurisdiction had been invoked in the Constitutional Court, and the relief…
South African National Christian Forum and Others v Minister of Co-operative Government and Traditional Affairs; Muslim Lawyers Association and Others v South African Police Services and Others; Solidariteit Helpende Hand NPC and Others v Minister of Co-operative Governance and Traditional Affairs; Freedom of Religion South Africa NPC v Minister of Cooperative Governance and Traditional Affairs and Others (2021/01432; 2021/3002; 2021/3344; 2021/2619) [2021] ZAGPJHC 866 (13 December 2021)
Court
South Gauteng High Court, Johannesburg
Case number
2021/01432; 2021/3002; 2021/3344; 2021/2619
Judge
Vally
High Court dismissed consolidated challenges to COVID-19 faith-gathering restrictions as moot and held the regulations were executive, not administrative, action.
Vinpro NPC v President of the Republic of South Africa and Others (1741/2021) [2021] ZAWCHC 261 (3 December 2021)
Court
Western Cape High Court, Cape Town
Case number
1741/2021
Judges
Dolamo, Wille, Slingers
The court refused the applicant's amendment application, finding no adequate explanation for the delay and holding that granting the amendment would prejudice the respondents by requiring them to answer a fresh challenge to regulations that no longer existed. The application was found to be moot, as the impugned regulations had been repealed and no live controversy remained. The High Court, as a court of first instance, does not have discretion to hear moot matters. On the constitutional challenge, the court held that the Disaster Management Act and the impugned regulations fell within the co…
Afriforum NPC v Minister of Tourism and Others; Solidarity Trade Union v Minister of Small Business Development and Others (499/2020; 498/2020) [2021] ZASCA 121; [2022] 1 All SA 1 (SCA); 2022 (1) SA 359 (SCA) (22 September 2021)
Court
Supreme Court of Appeal
Case number
499/2020; 498/2020
Judges
Wallis, Schippers, Plasket, Potterill, Phatshoane
The SCA held that the Tourism Relief Fund direction was unlawful because the Minister wrongly treated the B-BBEE Act as requiring B-BBEE-based eligibility criteria.
South African Breweries (Pty) Ltd v Minister of Corporative Governance and Traditional Affairs and Another (10996/2021) [2021] ZAWCHC 135; [2021] 4 All SA 189 (WCC) (22 July 2021)
Court
Western Cape High Court, Cape Town
Case number
10996/2021
Judge
Henney
The court held that the Minister's regulation-making powers under section 27(2)(i) of the Disaster Management Act constitute administrative action and are subject to review under PAJA. Regulation 29, which suspends the sale, dispensing and distribution of liquor, was found not to operate indefinitely, as all regulations under the DMA are limited to the duration of the declared state of disaster. The court rejected the applicant's argument that the regulation was ultra vires or inconsistent with the Liquor Act or provincial legislation, finding that the DMA was enacted to fill a legislative vo…
