South Africa Case Law

S v Mokhesi and 17 Others (45/2021)

S v Mokhesi and 17 Others (45/2021) [2025] ZAFSHC 164 (3 June 2025)

Court

Free State High Court, Bloemfontein

Case number

45/2021

Judge

Loubser

The court found that the extradition of Ms Cholota from the United States of America to South Africa was unlawful because the request for extradition was made by the National Prosecuting Authority and not by the Minister of Justice, as required by law and confirmed by the Supreme Court of Appeal in Schultz. The involvement of the Department of International Relations and Co-ordination was deemed merely administrative and did not satisfy the requirement for executive authority. As a result, the court held that it lacked jurisdiction to try Ms Cholota on the offences charged, and she was ordere…

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• Extradition
• Jurisdiction Of Criminal Courts
• Doctrine Of Legality
• International Law Compliance
• Special Plea
• Executive Authority In Extradition

Verwey v Minister of Police and Others (2024/104069)

Verwey v Minister of Police and Others (2024/104069) [2024] ZAGPPHC 1209 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/104069

Judge

K Strydom

The High Court dismissed leave to appeal and contempt, but granted urgent section 18(3) relief making the firearms-return order immediately executable.

• Urgent Interdict
• Rei Vindicatio
• Spoliation
• Civil Contempt
• Superior Courts Act Section 18
• Doctrine Of Legality

Celliers and Others v Kleinfontein Aandeleblok (Edms) BPK and Another (Leave to Appeal) (4755/2022)

Celliers and Others v Kleinfontein Aandeleblok (Edms) BPK and Another (Leave to Appeal) (4755/2022) [2024] ZAGPPHC 1103 (31 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

4755/2022

Judge

A Vorster

Leave to appeal was dismissed. The court held the notice of appeal was vague and that the applicants showed no reasonable prospects of success or compelling reason.

• Leave To Appeal
• Final Interdict
• Judicial Discretion
• Adequate Alternative Remedy
• Statutory Contravention
• Doctrine Of Legality

Ziboti and Another v Minister of Police and Others (3286/2024)

Ziboti and Another v Minister of Police and Others (3286/2024) [2024] ZAECQBHC 57 (19 September 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

3286/2024

Judge

A S Zono

The High Court ordered the return of two seized cellular phones after finding the search and seizure unlawful under the Correctional Services Act.

• Mandament Van Spolie
• Search And Seizure
• Doctrine Of Legality
• Statutory Interpretation
• Constitutional Rights
• Abuse Of Power

E.M v Minister of Home Affairs and Others (3153/2024)

E.M v Minister of Home Affairs and Others (3153/2024) [2024] ZAECMHC 65 (27 August 2024)

Court

Eastern Cape High Court, Mthatha

Case number

3153/2024

Judge

Zono AJ

Urgent asylum and release application dismissed; the court held existing magistrates’ detention orders remained binding, and statutory requirements for asylum relief were unmet.

• Refugees Act
• Immigration Act
• Jurisdiction Of Magistrates Court
• Interdict Requirements
• Doctrine Of Legality
• Forum Shopping

Lord's View Property Owners Association NPC v Member of Executive Council For Economic Development, Agriculture, Environment and Rural Development, Gauteng Province and Others (2021/56800)

Lord's View Property Owners Association NPC v Member of Executive Council For Economic Development, Agriculture, Environment and Rural Development, Gauteng Province and Others (2021/56800) [2024] ZAGPJHC 718 (8 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/56800

Judge

Adams

The court found that the extension and expansion decisions regarding the Chloorkop Landfill Site were lawful, rational, and in compliance with the relevant statutory and constitutional requirements. The applicant failed to establish any grounds for review under the Promotion of Administrative Justice Act or the doctrine of legality. Condition 3.2.6 of the 1997 permit was not a mandatory closure provision and could be varied by the administrative decision-makers. The extension decision had become moot as waste deposition under the 1997 permit had ceased. The expansion decision was properly con…

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• National Environmental Management Waste Act
• Promotion Of Administrative Justice Act
• Doctrine Of Legality
• Waste Management Licensing
• Judicial Review
• Environmental Impact Assessment

Solidarity v Minister of Human Settlements Water and Sanitation (32021/2021)

Solidarity v Minister of Human Settlements Water and Sanitation (32021/2021) [2024] ZAGPPHC 1373; (2024) 45 ILJ 2828 (GP) (31 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

32021/2021

Judge

Swanepoel

The High Court held that the appointment of Cuban engineers to a government department was unlawful because procurement or public service appointment rules were not followed.

• Public Service Appointments
• Procurement Processes
• Section 217 Constitution
• Preferential Procurement Policy Framework Act
• Doctrine Of Legality
• Administrative-law

Buffalo Metropolitan Municipality and Another v Magqazana (EL1386/2023)

Buffalo Metropolitan Municipality and Another v Magqazana (EL1386/2023) [2024] ZAECELLC 29 (2 May 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1386/2023

Judge

Zono

The application for leave to appeal fails because the matter is moot; the dispute was resolved by a consent order restoring electricity supply, and no live controversy remains. The applicants did not challenge the finding of unlawfulness in the consent order, and no practical benefit would result from granting leave to appeal. The applicants failed to address the imperative nature of the ByLaws or the legal consequences of non-compliance. The grounds for appeal were not properly set out, and the applicants did not demonstrate a reasonable prospect of success. The criticism regarding new matte…

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• Municipal Electricity Bylaws
• Termination Of Electricity Supply
• Notice Requirements
• Doctrine Of Legality
• Mootness
• Substantial Compliance

Sokhani Development & Consulting Engineers (Pty) Ltd v Alfred NZO District Municipality (1254/2024)

Sokhani Development & Consulting Engineers (Pty) Ltd v Alfred NZO District Municipality (1254/2024) [2024] ZAECMKHC 44 (26 April 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1254/2024

Judge

Zono AJ

The court granted urgent interim interdictory relief pending review, finding a prima facie right, irreparable harm, no adequate alternative remedy, and no fatal Rule 41A defect.

• Interim Interdict
• Procedural Fairness
• Audi Alteram Partem
• Specific Performance
• Rule 41a Compliance
• Doctrine Of Legality

Zinju v King Sabata Dalindyebo Local Municipality (4742/2023)

Zinju v King Sabata Dalindyebo Local Municipality (4742/2023) [2023] ZAECMHC 67 (8 December 2023)

Court

Eastern Cape High Court, Mthatha

Case number

4742/2023

Judge

Zono

The applicant established that he was in peaceful and undisturbed possession of the business container and municipal land prior to dispossession. The respondent unlawfully deprived the applicant of possession by impounding the container without consent, a court order, or lawful authority. The respondent's argument regarding ownership and locus standi was rejected, as spoliation proceedings do not require proof of ownership, only possession. The court found that restoration of possession to the original municipal land would perpetuate illegality, as the container was unlawfully placed there. U…

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• Mandament Van Spolie
• Unlawful Dispossession
• Restoration Of Possession
• Municipal Land Use
• Urgency
• Doctrine Of Legality