South Africa Case Law

Rantoa Service Providers CC and MEC: Department of Police, Roads and Transport, Free State Province and 1 Other (2824/2024)

Rantoa Service Providers CC and MEC: Department of Police, Roads and Transport, Free State Province and 1 Other (2824/2024) [2024] ZAFSHC 263 (22 August 2024)

Court

Free State High Court, Bloemfontein

Case number

2824/2024

Judge

Gusha AJ

The court held that belated written reasons for a rejected tender were sufficient, making the further-reasons and document requests moot. Costs were awarded to the applicant on Scale B.

• Promotion Of Administrative Justice Act
• Costs Award
• Failure To Furnish Reasons
• Judicial Discretion On Costs
• Administrative-law
• Paia-paja

S.N.N v Shai and Another (55481/13)

S.N.N v Shai and Another (55481/13) [2018] ZAGPPHC 467 (4 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

55481/13

Judge

MMP Mdalana-Mayisela

The High Court postponed a review application sine die, ordering reconstruction of the missing record and requiring a magistrate to furnish reasons for a divorce order.

• Review Of Magistrate Decision
• Failure To Furnish Reasons
• Reconstruction Of Record
• Divorce Proceedings
• Review-of-magistrate-decision
• Failure-to-furnish-reasons

MEC for Transport Northern Cape Province and Others v Greenpoint Taxi Association (2002/2013)

MEC for Transport Northern Cape Province and Others v Greenpoint Taxi Association (2002/2013) [2015] ZANCHC 53 (13 November 2015)

Court

Northern Cape High Court, Kimberley

Case number

2002/2013

Judges

C J Olivier, F Diale Kgomo, V M Phatshoane

Appeal against contempt findings over operating licence reasons partly succeeded, with contempt retained only for one licence application and the imprisonment term reduced.

• Contempt Of Court
• Failure To Furnish Reasons
• Operating Licence Board
• Settlement Agreement
• Statutory Duties
• Contempt-of-court

Bordeaux South Residents Association (Association Incorporated under Section 21) v Seftel NO and Others (10/45230)

Bordeaux South Residents Association (Association Incorporated under Section 21) v Seftel NO and Others (10/45230) [2011] ZAGPJHC 88 (3 August 2011)

Court

South Gauteng High Court, Johannesburg

Case number

10/45230

Judge

Halgryn

The court found that both the First and Second Respondents failed to comply with statutory requirements in considering the Applicant's application to restrict access to Bordeaux South. The First Respondent's decision was made without providing adequate reasons, violating the Promotion of Administrative Justice Act and the constitutional right to reasons for administrative action. The Second Respondent's decision on appeal did not cure the defects of the initial decision, as the appeal was not a complete rehearing de novo and did not afford the Applicant procedural fairness. Furthermore, both…

Source excerpt

• Promotion Of Administrative Justice Act
• Failure To Furnish Reasons
• Procedural Fairness
• Review Of Administrative Action
• Audi Alteram Partem
• Statutory Interpretation

S v Molawa; S v Mpengesi (A388/2009, A421/2009)

S v Molawa; S v Mpengesi (A388/2009, A421/2009) [2010] ZAGPJHC 157; 2011 (1) SACR 350 (GSJ) (25 May 2010)

Court

South Gauteng High Court, Johannesburg

Case number

A388/2009, A421/2009

Judges

D S S Moshidi, N Pandya

On automatic review, the High Court confirmed two criminal convictions and sentences but criticised a magistrate’s failure to give reasons at trial.

• Failure To Furnish Reasons
• Automatic Review
• Right To Appeal
• Unrepresented Accused
• Robbery
• Assault With Intent To Do Grievous Bodily Harm

Ntapane v MEC for Housing, Local Government and Traditional Affairs (162/2006)

Ntapane v MEC for Housing, Local Government and Traditional Affairs (162/2006) [2006] ZAECHC 122 (30 March 2006)

Court

High Courts - Eastern Cape

Case number

162/2006

Judge

A E B Dhlodhlo

The High Court dismissed an urgent application to stop interviews for a provincial post, finding non-compliance with procedural rules and prejudice to other candidates.

• Urgent Interdict
• Failure To Furnish Reasons
• Shortlisting For Public Post
• Service Of Process
• Urgent-interdict
• Administrative-law