South Africa Case Law

Pilisanani Trading Enterprise 50 CC v Information Regulator (South Africa) and Others (D1269/2022)

Pilisanani Trading Enterprise 50 CC v Information Regulator (South Africa) and Others (D1269/2022) [2025] ZAKZDHC 45 (16 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D1269/2022

Judge

Olsen

The court held that the Information Regulator's refusal to condone the late submission of the applicant's complaint was reasonable and not reviewable. The applicant failed to provide a full and persuasive explanation for the delay, particularly for the period after it became aware of the legislative requirements. The applicant's ignorance of the law, especially given its legal representation, was not a sufficient excuse. Furthermore, the request for access to records was fatally defective for failing to identify the underlying right to be exercised or protected, as required by PAIA. The Regul…

Source excerpt

• Condonation Of Late Filing
• Review Of Administrative Action
• Promotion Of Access To Information Act
• Failure To Exhaust Internal Remedies
• Unreasonableness
• Irrationality

Louw v Carter and Other (1890/2021)

Louw v Carter and Other (1890/2021) [2024] ZAECQBHC 21 (19 March 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

1890/2021

Judge

G Beshe

The court dismissed a PAJA review of an Ombud determination, finding the applicant had not exhausted internal remedies and had delayed unreasonably.

• Promotion Of Administrative Justice Act
• Failure To Exhaust Internal Remedies
• Unreasonable Delay
• Financial Services Regulation
• Writ Of Execution
• Judicial Review

Saziwa and Others v Mhlontlo Local Municipality and Others (2016/2022; 810/22; 1225/22; 2017/22)

Saziwa and Others v Mhlontlo Local Municipality and Others (2016/2022; 810/22; 1225/22; 2017/22) [2023] ZAECMHC 1 (10 January 2023)

Court

Eastern Cape High Court, Mthatha

Case number

2016/2022

Judge

Notyesi

The court dismissed a review for emergency shelter, holding the applicants failed to exhaust internal remedies and proved no declared disaster or municipal notification.

• Promotion Of Administrative Justice Act
• Disaster Management Act
• Failure To Exhaust Internal Remedies
• Mandamus
• Local Government Obligations
• Administrative-law

Arnaud v Minister of Home Affairs and Another (19/27099)

Arnaud v Minister of Home Affairs and Another (19/27099) [2020] ZAGPJHC 333 (28 August 2020)

Court

South Gauteng High Court, Johannesburg

Case number

19/27099

Judge

J.J Reyneke

The High Court set aside the Department of Home Affairs’ V-listing of the applicant’s visa, permanent residence and ID for lack of reasons and procedural fairness.

• Immigration Act Review
• Failure To Exhaust Internal Remedies
• Procedural Fairness
• V Listing
• Administrative Action
• Costs Order

Mxego v South African Social Security Agency and Another (3719/2016)

Mxego v South African Social Security Agency and Another (3719/2016) [2019] ZAECMHC 69 (5 November 2019)

Court

Eastern Cape High Court, Mthatha

Case number

3719/2016

Judge

Zono

The court found that the Agency's decision to refuse the applicant's disability grant was irrational and unlawful. The Agency failed to investigate or request additional information to resolve contradictions in the medical assessment report, as required by Section 14(2) of the Social Assistance Act and Section 4(1)(b) of the SASSA Act. The Agency did not provide a record of proceedings or reasons for its decision, thereby frustrating the applicant's constitutional right to access the courts and undermining the objectives of Rule 53. The Agency's conduct was arbitrary and capricious, and the d…

Source excerpt

• Judicial Review Of Administrative Action
• Social Assistance Act
• Failure To Exhaust Internal Remedies
• Doctrine Of Legality
• Condonation Of Late Filing

Mamlambo Construction CC v Port St Johns Municipality and Others (1876/2008)

Mamlambo Construction CC v Port St Johns Municipality and Others (1876/2008) [2010] ZAECMHC 21 (24 June 2010)

Court

Eastern Cape High Court, Mthatha

Case number

1876/2008

Judge

X. M. Petse

The court set aside a municipal tender award for erosion protection works, finding the decision irrational and unsupported by compelling reasons.

• Municipal Procurement
• Promotion Of Administrative Justice Act
• Failure To Exhaust Internal Remedies
• Rationality Review
• Public Tender Award
• Municipal-procurement