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South Africa Case Law

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Administrative Law [2025] ZANWHC 123

Batumile Investments (Pty) Ltd v Rustenburg Local Municipality and Others (M247/2023)

Batumile Investments (Pty) Ltd v Rustenburg Local Municipality and Others (M247/2023) [2025] ZANWHC 123 (23 July 2025)

A tender review was dismissed after the validity period expired, the applicant had not exhausted internal remedies, and the court found the matter moot.

  • Promotion Of Administrative Justice Act
  • Failure To Award Tender
  • Exhaustion Of Internal Remedies
  • Mootness
  • Just And Equitable Remedy
  • Administrative-law
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Administrative Law [2025] ZAGPPHC 719

Imologa Community Project (Npo) v Minister of Social Development and Others (096524/2025)

Imologa Community Project (Npo) v Minister of Social Development and Others (096524/2025) [2025] ZAGPPHC 719 (14 July 2025)

The court found that the applicant was aware of the investigation and the reasons for the funding decline since April 2024, yet failed to take timely action or pursue available remedies. The urgency claimed by the applicant was deemed self-created, as the applicant had ample opportunity to address the issues through ordinary court processes or internal remedies. The court held that the applicant did not demonstrate that substantial redress could not be obtained in due course, nor did it show irreparable harm justifying urgent intervention. The public interest in accountability and protection…

  • Urgency In Interdicts
  • Exhaustion Of Internal Remedies
  • Jurisdiction Of High Court
  • Procedural Fairness
  • Public Funding Disputes
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Tax Law [2025] ZAWCHC 308

Kerbyn Cape 2 (Pty) Ltd v Commissioner: SARS (15899/2023)

Kerbyn Cape 2 (Pty) Ltd v Commissioner: SARS (15899/2023) [2025] ZAWCHC 308 (11 July 2025)

The High Court lacks jurisdiction to hear the review application because the applicant failed to exhaust internal remedies as required by the Tax Administration Act and PAJA. The applicant did not seek a directive from the High Court to bypass the Tax Court, nor did it demonstrate exceptional circumstances justifying such a departure. The mere lapse of time and inaccessibility of internal remedies do not satisfy the duty to exhaust or constitute exceptional circumstances. The applicant's repeated late objections and failure to follow prescribed procedures under the TAA and Tax Court Rules pre…

  • Tax Administration Act
  • Promotion Of Administrative Justice Act
  • Jurisdiction Of High Court
  • Exhaustion Of Internal Remedies
  • Condonation For Late Filing
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Administrative Law [2025] ZAECELLC 15

Shoprite Supermarkets (Pty) Ltd v Eastern Cape Liquor Board and Others (EL599/2024)

Shoprite Supermarkets (Pty) Ltd v Eastern Cape Liquor Board and Others (EL599/2024) [2025] ZAECELLC 15 (5 June 2025)

The court held that section 22(2)(d)(i) of the Eastern Cape Liquor Act requires an applicant for transfer of a registration certificate to provide proof of service of notice on the ward committee, but does not impose a duty on the applicant to procure the ward committee's report. The statutory obligation to consult with the community and submit a report rests solely on the ward committee. The Board's refusal of Massmart's application on the basis that the applicant failed to action or cause the ward committee's report was a misinterpretation of the Act and unlawful. Shoprite was not required…

  • Judicial Review
  • Interpretation Of Statutes
  • Liquor Licensing
  • Mandamus
  • Community Consultation
  • Exhaustion Of Internal Remedies
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Administrative Law [2025] ZASCA 68

Minister of Forestry, Fisheries and the Environment and Others v Badenhorst N.O. and Others (1004/2023)

Minister of Forestry, Fisheries and the Environment and Others v Badenhorst N.O. and Others (1004/2023) [2025] ZASCA 68 (28 May 2025)

The Supreme Court of Appeal held that the High Court lacked jurisdiction to review and set aside the environmental authorisations on grounds not raised in the internal appeal, as the respondents failed to exhaust internal remedies and did not apply for exemption under section 7(2)(c) of PAJA. The Court found that any procedural non-compliance in the granting of environmental authorisations was not material and did not prejudice any person, thus the authorisations remained valid under section 47A(1) of NEMA. The requirement for EMPrs is that they be submitted before deciding on authorisation,…

  • Promotion Of Administrative Justice Act
  • Exhaustion Of Internal Remedies
  • Environmental Authorisation
  • Environmental Impact Assessment
  • Substantial Compliance
  • Materiality And Prejudice
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Administrative Law [2025] ZAWCHC 200

Raphael v Health Professions Council of South Africa and Another (2025/051303)

Raphael v Health Professions Council of South Africa and Another (2025/051303) [2025] ZAWCHC 200 (9 May 2025)

The applicant failed to establish urgency as required by Rule 6(12)(b) of the Uniform Rules of Court, having not set out the circumstances rendering the matter urgent or reasons why substantial redress could not be obtained at a hearing in due course. On the merits, the applicant did not satisfy the requirements for an interim interdict, as she did not demonstrate a prima facie right to relief or irreparable harm. The refusal of discharge by the PCC was based on its finding of a prima facie case, and the applicant's argument that she should not be compelled to proceed with her defence is not…

  • Interim Interdict
  • Exhaustion Of Internal Remedies
  • Review Of Administrative Action
  • Procedural Fairness
  • Disciplinary Inquiry
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Administrative Law [2025] ZAWCHC 189

N.R and Others v Director General: Home Affairs and Another (21762/2024)

N.R and Others v Director General: Home Affairs and Another (21762/2024) [2025] ZAWCHC 189 (5 May 2025)

The court refused exemption from exhausting internal remedies under PAJA and dismissed a review of rejected asylum decisions by Ukrainian applicants.

  • Promotion Of Administrative Justice Act
  • Exhaustion Of Internal Remedies
  • Refugees Act
  • Non Refoulement
  • Adequate Reasons
  • Judicial Review
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Administrative Law [2025] ZALMPPHC 75

TJ Machete Attorneys Inc v Ba-Phalaborwa Municipality and Others (8421/2023)

TJ Machete Attorneys Inc v Ba-Phalaborwa Municipality and Others (8421/2023) [2025] ZALMPPHC 75 (16 April 2025)

The High Court dismissed a tender review by a law firm against Ba-Phalaborwa Municipality because the applicant had not exhausted internal remedies under PAJA and the Municipal Systems Act.

  • Promotion Of Administrative Justice Act
  • Municipal Tender Review
  • Exhaustion Of Internal Remedies
  • Joinder Of Parties
  • Constitutional Procurement Principles
  • Administrative-law
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Administrative Law [2025] ZAGPJHC 276

Sibanye Gold Limited and Others v Valuation Appeal Board for Rand West City Local Municipality and Others (2022/043793)

Sibanye Gold Limited and Others v Valuation Appeal Board for Rand West City Local Municipality and Others (2022/043793) [2025] ZAGPJHC 276 (13 March 2025)

Appeal against a section 18 execution order was dismissed, with the court upholding immediate execution pending the outcome of the valuation appeal process.

  • Municipal Property Rates
  • Exhaustion Of Internal Remedies
  • Execution Pending Appeal
  • Exceptional Circumstances
  • Irreparable Harm
  • Valuation Rolls
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Civil Procedure [2025] ZAKZDHC 7

Zulu v Philip and Another (D3067/2024)

Zulu v Philip and Another (D3067/2024) [2025] ZAKZDHC 7 (25 February 2025)

A lay complainant sought to strike an attorney from the roll directly. The High Court held the application was premature, as internal LPA remedies were not exhausted.

  • Legal Practice Act
  • Standing Of Layperson
  • Exhaustion Of Internal Remedies
  • Striking Off Application
  • Legal-practice-act
  • Standing
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.