South Africa Case Law

Minister of Human Settlements, Sanitation and Water v Tonise and Others (CA 199/2023)

Minister of Human Settlements, Sanitation and Water v Tonise and Others (CA 199/2023) [2025] ZAECMKHC 6 (20 January 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA 199/2023

Judges

Hartle, Gqamana, Bands

The court held that the Minister's decision to dissolve the Amatola Water Board and terminate the appointments of its members constituted executive action, not administrative action, following the principles established in Motau. However, the exercise of executive power remains subject to the principle of legality and must be rationally connected to its purpose. The evidence did not establish that the board was dysfunctional or unable to fulfil its statutory mandate; the Minister failed to provide adequate reasons or particulars for his decision, and acted on outdated and untested allegations…

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• Water Services Act
• State Owned Enterprise Governance
• Rationality Review
• Executive Vs Administrative Action
• Procedural Fairness
• Remedies Under Section 172

Minister of Water and Sanitation v Tonise and Others - Leave to Appeal (1274/2022)

Minister of Water and Sanitation v Tonise and Others - Leave to Appeal (1274/2022) [2023] ZAECMKHC 98 (12 September 2023)

Court

Eastern Cape High Court, Makhanda

Case number

1274/2022

Judge

N G Beshe

The High Court granted the Minister leave to appeal against a judgment setting aside the dissolution of the Amatola Water Board and related reinstatement order.

• Principle Of Legality
• Executive Vs Administrative Action
• Review Under Common Law
• Reinstatement Of Board Members
• Oudkraal Principle
• Administrative-law

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)

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.

• Disaster Management Act
• Faith Based Gatherings
• Mootness
• Executive Vs Administrative Action
• Essential Services
• Promotion Of Administrative Justice Act

Buhle Waste v Compass Medical Waste Services (Pty) Ltd (5409/2019)

Buhle Waste v Compass Medical Waste Services (Pty) Ltd (5409/2019) [2021] ZAFSHC 320 (2 December 2021)

Court

Free State High Court, Bloemfontein

Case number

5409/2019

Judges

Mathebula, Molitsoane

The High Court dismissed Buhle Waste’s application for leave to appeal, finding no reasonable prospects of success and no compelling reason to grant leave.

• Leave To Appeal
• Mootness
• Locus Standi
• Executive Vs Administrative Action
• Treasury Regulations
• Costs Award

Bobo and Others v Faku and Others (CA 53/2013)

Bobo and Others v Faku and Others (CA 53/2013) [2013] ZAECGHC 87 (29 August 2013)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 53/2013

Judges

Nepgen, Pickering, Brooks

The court held that the executive mayor's decision to remove the appellants from the mayoral committee was an exercise of executive power under section 60 of the Local Government Municipal Structures Act, not an administrative action. Therefore, the decision was not subject to review under the Promotion of Administrative Justice Act or the audi alterem partem principle. The Act does not prescribe any procedure for dismissal, and the legislature deliberately did not afford mayoral committee members the same procedural protections as members of the municipal council. The decision was rational,…

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• Mayoral Committee Dismissal
• Executive Vs Administrative Action
• Audi Alterem Partem
• Rationality Review
• Internal Remedies
• Local Government Structures Act