South Africa Case Law

Hlabela and Another v Nebotalo and Others (2022/051255)

Hlabela and Another v Nebotalo and Others (2022/051255) [2024] ZAGPJHC 1135 (31 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/051255

Judge

B M Gilbert

The court found that the investigation conducted by the appointed investigator and the investigating committee of the Engineering Council of South Africa was inadequate and failed to comply with mandatory procedures under the Engineering Profession Act and PAJA. The investigator's report was perfunctory, lacking substantive engagement with the core complaints, and failed to obtain or consider critical evidence. The investigating committee did not conduct an adequate investigation and failed to take into account relevant considerations, rendering its decision to dismiss the complaint irrationa…

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• Promotion Of Administrative Justice Act
• Disciplinary Proceedings
• Engineering Profession Act
• Procedural Fairness
• Statutory Investigation
• Remittal Of Complaint

AECOM SA (Pty) Ltd v Rustenburg Local Municipality (CIV APP FB 07/2023)

AECOM SA (Pty) Ltd v Rustenburg Local Municipality (CIV APP FB 07/2023) [2024] ZANWHC 72; 2024 (6) SA 188 (NWM) (12 March 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 07/2023

Judges

Hendricks JP, Petersen J, Dibetso-Bodibe AJ

The court held that the Engineering Profession Act 46 of 2000 regulates the registration of individual engineers, not companies or firms. The Act's provisions, definitions, and registration process are directed at natural persons who possess the requisite qualifications and can be assessed for competency. The definition of 'registered person' and the categories of registration under section 18 are limited to individuals. The contextual approach to statutory interpretation, as endorsed in Endumeni, requires that the general definition of 'person' in the Interpretation Act be ousted where the l…

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• Locus Standi
• Interpretation Of Statutes
• Engineering Profession Act
• Special Plea
• Company Registration

Aecom SA (Pty) Limited v Rustenburg Local Municipality (1341/2017)

Aecom SA (Pty) Limited v Rustenburg Local Municipality (1341/2017) [2023] ZANWHC 8 (1 February 2023)

Court

North West High Court, Mafikeng

Case number

1341/2017

Judge

Mahlangu

The High Court upheld a special plea of non-locus standi because the plaintiff did not plead registration under the Engineering Profession Act.

• Locus Standi
• Engineering Profession Act
• Pleadings Requirements
• Locus-standi
• Engineering-profession-act
• Civil-procedure