Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023) [2025] ZAWCHC 339 (11 August 2025)
Court
Western Cape High Court, Cape Town
Case number
7157/2023
Judge
Bhoopchand
The High Court set aside Stellenbosch’s rezoning appeal decision after finding it relied on an ungazetted, non-binding MSDF version and was tainted by an error of law.
Kingscott v Minister of Home Affairs and Another (Leave to Appeal) (034689/2023) [2024] ZAGPPHC 1260 (5 December 2024)
Court
North Gauteng High Court, Pretoria
Case number
034689/2023
Judge
Moshoana
The Court found that the applicant failed to meet the heightened test for leave to appeal as required by section 17 of the Superior Courts Act. The alleged error regarding the quotation of section 19(4) of the Immigration Act was not material to the Minister's decision, as the Minister did not rely on the contested text in making the administrative decision. The regulation in question did not reference 'candidate engineer,' and the Minister was not materially influenced by any error of law. The Biowatch principle was found not to apply automatically to all PAJA or legality reviews, and the ap…
Democratic Alliance v Hlophe and Others (16170/2024 ; 16771/2024 ; 16463/2024) [2024] ZAWCHC 282; 2025 (1) SA 169 (WCC) (27 September 2024)
Court
Western Cape High Court, Cape Town
Case number
16170/2024 ; 16771/2024 ; 16463/2024
Judges
Baqwa, Daffue, Collis
The court found that the National Assembly failed to properly exercise its discretion in designating Dr Hlophe to the Judicial Service Commission, instead following a convention that did not allow for genuine deliberation or consideration of relevant factors. The designation of an impeached judge to the JSC is incompatible with the constitutional obligation to protect the independence, dignity, and effectiveness of the courts. The applicants established a strong prima facie case for review, a reasonable apprehension of irreparable harm to the legitimacy of the JSC, and satisfied the requireme…
Matlhwana v South African Legal Practice Council and Others (051162/2024) [2024] ZAGPPHC 445 (15 May 2024)
Court
North Gauteng High Court, Pretoria
Case number
051162/2024
Judge
Millar
The court found that the LPC's refusal to register the applicant's cession of his PVT contract was procedurally unfair and materially influenced by an error of law. The LPC failed to notify the applicant of its decision or reasons within a reasonable time, causing prejudice and urgency. The rules permit cession of a PVT contract even where there is a break in service, provided the necessary affidavits and documents are submitted. The LPC's interpretation that any break in service constitutes termination or abandonment was incorrect and inconsistent with the purpose of the Legal Practice Act a…
Block v Upington Correctional Supervision and Parole Board and Others (893/2023) [2023] ZANCHC 72; [2023] 4 All SA 295 (NCK) (15 September 2023)
Court
Northern Cape High Court, Kimberley
Case number
893/2023
Judge
Nxumalo
The court found that the Parole Board and respondents erred materially in law by rigidly applying internal guidelines and failing to exercise their statutory discretion under section 80 of the Correctional Services Act. The applicant's conduct, including educational and rehabilitative contributions, constituted highly meritorious service and did not need to be perilous to qualify for remission. The respondents' reliance on the requirement of danger was unfounded and contrary to both the wording and purpose of the Act. The exclusion of the applicant from the Covid-19 special parole dispensatio…
Guddisa v Free State Gambling, Liquor and Tourism Authority and Another (3578/2022) [2023] ZAFSHC 207 (26 May 2023)
Court
Free State High Court, Bloemfontein
Case number
3578/2022
Judges
Loubser, Ramdeyal
The High Court reviewed and set aside a refusal of a liquor store licence, holding that Regulation 70(1) was applied as an absolute bar contrary to the Act.
Banco De Mocambique v Morulat Property Investments 4 (Pty) Ltd (2015/36648; A5024/2021) [2022] ZAGPJHC 492 (22 July 2022)
Court
South Gauteng High Court, Johannesburg
Case number
2015/36648; A5024/2021
Judges
Dippenaar, Yacoob, Manoim
The High Court held that an attorney may, in special circumstances, depose to a discovery affidavit. It upheld the appeal, condoned late filing, and restored the defence.
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.
