South Africa Case Law

Maxrae Estates (Pty) Ltd v Minister of Agriculture, Forestry and Fisheries & Another (407/2020)

Maxrae Estates (Pty) Ltd v Minister of Agriculture, Forestry and Fisheries & Another (407/2020) [2021] ZASCA 73 (9 June 2021)

Court

Supreme Court of Appeal

Case number

407/2020

Judges

Wallis, Dambuza, Makgoka, Gorven, Unterhalter

The Supreme Court of Appeal set aside the Minister’s refusal of subdivision consent, finding that relevant evidence was ignored and the decision was irrational.

• Review Of Administrative Action
• Failure To Apply Mind
• Subdivision Of Agricultural Land Act
• Ministerial Discretion
• Irrationality
• Promotion Of Administrative Justice Act

Jordan v Education Labour Relations Council and Others (PR372/18)

Jordan v Education Labour Relations Council and Others (PR372/18) [2021] ZALCPE 5; [2021] 8 BLLR 820 (LC); (2021) 42 ILJ 2227 (LC) (16 April 2021)

Court

Labour Court Port Elizabeth

Case number

PR372/18

Judge

Z Lallie

The court found that the applicant provided a reasonable explanation for her delay in filing the review application, primarily due to her attorneys' lack of diligence, and that she actively pursued her rights. The applicant's prospects of success were relevant and supported by her averments. On the merits, the second respondent failed to properly consider the applicant's representations for reinstatement as required by section 14(2) of the Employment of Educators Act. Instead of assessing whether the applicant had shown good cause for reinstatement, the second respondent merely reiterated the…

Source excerpt

• Condonation Of Late Filing
• Review Of Administrative Action
• Reinstatement
• Employment Of Educators Act
• Failure To Apply Mind
• Unreasonableness

Mocheke v GPSSBC and Others (JR1916/17)

Mocheke v GPSSBC and Others (JR1916/17) [2018] ZALCJHB 391 (29 November 2018)

Court

Labour Court Johannesburg

Case number

JR1916/17

Judge

GN Moshoana

The court found that the arbitrator's decision was consistent with the evidence presented, particularly the clear and convincing testimony of the farm owner regarding the cash received by the applicant. The applicant's version was improbable and less convincing. The arbitrator did not misdirect himself nor demonstrate bias. The award fell within the bounds of reasonableness and was therefore not reviewable in law.

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Reasonableness Of Award
• Bias
• Failure To Apply Mind

Sello v Devisional Commissioner, Human Resource Development, SAPS and Others (JR 1870/2013)

Sello v Devisional Commissioner, Human Resource Development, SAPS and Others (JR 1870/2013) [2016] ZALCJHB 347 (8 September 2016)

Court

Labour Court Johannesburg

Case number

JR 1870/2013

Judge

Molahlehi E M

The Labour Court reviewed and set aside SAPS’s refusal to reinstate an employee deemed discharged under the Public Service Act.

• Public Service Act
• Unfair Dismissal
• Condonation
• Reinstatement
• Irrationality
• Failure To Apply Mind

Welkom v Osler NO and Others (JR201/14)

Welkom v Osler NO and Others (JR201/14) [2016] ZALCJHB 253 (21 June 2016)

Court

Labour Court Johannesburg

Case number

JR201/14

Judge

Moshoana

The Labour Court dismissed an unopposed review of a CCMA award, holding that absence of opposition does not justify relief and the award was reasonable.

• Unfair Dismissal
• Review Of Arbitration Award
• Failure To Apply Mind
• Reasonableness Of Award
• Labour-law
• Ccma-review

Magaliesburg Land Owners Forum and Another v MEC: Department of Economic Environment, Conservation & Tourism and Others (1819/2012)

Magaliesburg Land Owners Forum and Another v MEC: Department of Economic Environment, Conservation & Tourism and Others (1819/2012) [2014] ZANWHC 66 (16 October 2014)

Court

North West High Court, Mafikeng

Case number

1819/2012

Judge

A A Landman

The High Court held that the applicants were entitled to costs after their review became moot, finding the MEC had not satisfactorily shown she applied her mind.

• Judicial Review
• Environmental Authorisation
• Failure To Apply Mind
• Costs Award
• National Environmental Management Act
• Administrative-law

Vukukhanye Personnel Services CC v Ethekwini Municipality and Others (8110/2010)

Vukukhanye Personnel Services CC v Ethekwini Municipality and Others (8110/2010) [2010] ZAKZDHC 68 (1 December 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

8110/2010

Judge

Swain

High Court review of a municipal tender award set aside due to unexplained scoring discrepancies and failure by the bid committee to properly apply its mind.

• Promotion Of Administrative Justice Act
• Tender Review
• Failure To Apply Mind
• Internal Remedies Exhaustion
• Tender-review
• Municipal-procurement

HHH Boerdery Trust on behalf of Osborne Boerdery (Pty) Limited v Director General: Department of Water Affairs and Forestry (WT15/03/2006)

HHH Boerdery Trust on behalf of Osborne Boerdery (Pty) Limited v Director General: Department of Water Affairs and Forestry (WT15/03/2006) [2006] ZAWT 1 (7 November 2006)

Court

Water Tribunal

Case number

WT15/03/2006

Judges

Mooki, W Singo

The Water Tribunal upheld an appeal against refusal of a water-use licence, finding the authority failed to independently apply its mind under the National Water Act.

• Water Use Licensing
• National Water Act
• Failure To Apply Mind
• Cooperative Governance
• Water-use-licensing
• National-water-act

Neels and Others v Burgemeester (Opvolger in Titel van die Mier Plaaslike Oorgangsraad) and Others (518/2001, 580/2001)

Neels and Others v Burgemeester (Opvolger in Titel van die Mier Plaaslike Oorgangsraad) and Others (518/2001, 580/2001) [2002] ZANCHC 33 (11 November 2002)

Court

Northern Cape High Court, Kimberley

Case number

518/2001, 580/2001

Judges

Majiedt R, Lacock R

The court found overwhelming evidence that the First Respondent failed to apply its mind to the prescribed criteria when allocating grazing land, acted with bias and ulterior motives, and did not properly consider the merits of each application. The council's decision-making process was fundamentally flawed, with no meaningful discussion or evaluation of applications, and the successful applicants were less suitable than the applicants. The court held that remittal to the administrative body would be futile given the demonstrated bias and continuity of personnel. Exceptional circumstances jus…

Source excerpt

• Failure To Apply Mind
• Review Of Administrative Action
• Allocation Of Land
• Natural Justice
• Bias And Ulterior Purpose

Macsteel (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J1839/99)

Macsteel (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J1839/99) [2001] ZALC 91 (19 June 2001)

Court

Labour Court

Case number

J1839/99

Judge

E Revelas

The Labour Court set aside CCMA awards about a final warning and dismissal, finding the arbitrators misapplied the evidence and failed to properly consider the issues.

• Unfair Dismissal
• Review Of Arbitration Award
• Final Written Warning
• Failure To Apply Mind
• Remittal To Ccma
• Unfair-dismissal