South Africa Case Law

Sani v MEC: Department of Economic, Small Business Development, Tourism and Environmental Affairs, Free State Province and Others (785/2022)

Sani v MEC: Department of Economic, Small Business Development, Tourism and Environmental Affairs, Free State Province and Others (785/2022) [2023] ZAFSHC 259 (3 July 2023)

Court

Free State High Court, Bloemfontein

Case number

785/2022

Judges

Naidoo, L Bomela

The High Court dismissed a review of a refusal of examination leave, finding no basis to interfere with the HOD’s decision and no adequate explanation for delay.

• Promotion Of Administrative Justice Act
• Discretionary Power
• Special Leave Policy
• Judicial Review
• Administrative-law
• Judicial-review

Continental Power Supplies (Pty) Ltd v Minister of Trade and Industry and Another (89256/2018)

Continental Power Supplies (Pty) Ltd v Minister of Trade and Industry and Another (89256/2018) [2020] ZAGPPHC 732 (20 July 2020)

Court

North Gauteng High Court, Pretoria

Case number

89256/2018

Judge

P D Phahlane

The court found that the dti's refusal to grant exemption to the applicant was rational, lawful, reasonable, and procedurally fair. The dti exercised its discretionary power in accordance with the Preferential Procurement Policy Framework Act and relevant regulations, and its decision was based on an investigation into local manufacturing capacity. The applicant was not entitled to consultation as it lacked the capacity to produce the required transformers. The court held that the means selected by the dti were rationally related to the objective of promoting local content and that there was…

Source excerpt

• Preferential Procurement Policy Framework Act
• Promotion Of Administrative Justice Act
• Local Content Requirement
• Exemption Application
• Procedural Fairness
• Discretionary Power

BMW (South Africa) (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA) and Others (JR1909/15)

BMW (South Africa) (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA) and Others (JR1909/15) [2018] ZALCJHB 217 (3 July 2018)

Court

Labour Court Johannesburg

Case number

JR1909/15

Judge

Lagrange

The Labour Court dismissed BMW’s review of a condonation ruling, holding the arbitrator’s discretion was exercised reasonably despite delay and disputed merits.

• Condonation
• Automatically Unfair Dismissal
• Retirement Age Dispute
• Prospects Of Success
• Prejudice
• Discretionary Power

Rabe KHH (Estate) v Director-General, Department of Water Affairs and Forestry (WT8/R1)

Rabe KHH (Estate) v Director-General, Department of Water Affairs and Forestry (WT8/R1) [2011] ZAWT 8 (1 January 2011)

Court

Water Tribunal

Case number

WT8/R1

Judge

E. Davey

The Water Tribunal upheld an appeal against refusal of a stream flow reduction licence for afforestation, finding the authority failed to apply its mind properly.

• Discretionary Power
• Water Use Licensing
• National Water Act
• Administrative Justice
• Catchment Management
• Administrative-law

Commissioner for the South African Revenue Service v Dunblane (Transkei) (Pty) Ltd (468/99)

Commissioner for the South African Revenue Service v Dunblane (Transkei) (Pty) Ltd (468/99) [2001] ZASCA 90; 2002 (1) SA 38 (SCA); 64 SATC 51 (17 September 2001)

Court

Supreme Court of Appeal

Case number

468/99

Judges

Streicher, Hefer, Harms, Scott, Mthiyane

The Supreme Court of Appeal held that section 20(2) did not confer a discretion on the Secretary, so the loss assessment could be amended after two years.

• Income Tax Assessment
• Discretionary Power
• Assessed Loss
• Statutory Interpretation
• Income-tax-assessment
• Assessed-loss