South Africa Case Law

Pilane and Others v Premier of the North West Province and Others (M539/2019 ; UM239/2022)

Pilane and Others v Premier of the North West Province and Others (M539/2019 ; UM239/2022) [2025] ZANWHC 52 (12 March 2025)

Court

North West High Court, Mafikeng

Case number

M539/2019 ; UM239/2022

Judge

A Reddy

The court found that the Commission of Inquiry failed to quorate and did not provide a complete record of its proceedings, undermining the reliability and lawfulness of its findings and recommendations. The Premier, in accepting and approving the Commission's recommendations, failed to provide adequate reasons for his administrative decisions, violating the requirements of PAJA and the constitutional principle of legality. The Premier's statutory powers are limited to recognition of traditional leaders designated by the Royal Family, not designation, and the process followed excluded affected…

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• Promotion Of Administrative Justice Act
• Traditional Leadership Recognition
• Customary Law Review
• Quorum Of Commissions
• Failure To Provide Reasons
• Principle Of Legality

Witwatersrand African Taxi Association v Gauteng Provincial Regulatory Entity and Others (2025/017039)

Witwatersrand African Taxi Association v Gauteng Provincial Regulatory Entity and Others (2025/017039) [2025] ZAGPJHC 179 (3 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/017039

Judge

S D J Wilson

The court found that the GPRE's decision of 16 January 2025 to exclude WATA members from operating on specified routes was taken without providing any reasons, in clear violation of section 5(3) of PAJA. The absence of justification for the decision, coupled with its inconsistency with prior court orders referring the dispute to arbitration, rendered the decision prima facie unlawful. The applicant demonstrated a strong prima facie right to relief, as its members were suffering irreparable harm by being prevented from operating despite holding valid licences. The balance of convenience favour…

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• Promotion Of Administrative Justice Act
• Interim Interdict
• Failure To Provide Reasons
• Operating Licence Dispute
• Route Allocation
• Arbitration Pending

Mtshepu v Director General of Department of Home Affairs and Others (072233/2023)

Mtshepu v Director General of Department of Home Affairs and Others (072233/2023) [2024] ZAGPPHC 178 (29 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

072233/2023

Judge

Khwinana

The High Court dismissed an unopposed application to compel Home Affairs to issue an ID, holding that the applicant had not followed PAJA’s procedure for requesting reasons.

• Promotion Of Administrative Justice Act
• Failure To Provide Reasons
• Procedural Fairness
• Judicial Review
• Administrative-law
• Paja

D.T v Magistrate Bester and Others (3376/2022)

D.T v Magistrate Bester and Others (3376/2022) [2023] ZAFSHC 334 (23 August 2023)

Court

Free State High Court, Bloemfontein

Case number

3376/2022

Judges

Daniso, Cronje

The High Court reviewed a magistrate’s bare acquittal on a private perjury prosecution and ordered a proper section 310(1) response with reasons.

• Private Prosecution
• Magistrates Court Review
• Failure To Provide Reasons
• Section 310 Criminal Procedure Act
• Rule 43 Interim Maintenance
• Private-prosecution

Jaihai v Financial Services Tribunal and Another (3416/2022)

Jaihai v Financial Services Tribunal and Another (3416/2022) [2023] ZAGPPHC 697; [2023] 4 All SA 404 (GP) (17 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

3416/2022

Judge

Sardiwalla

The High Court reviewed and set aside the Financial Services Tribunal’s summary dismissal of a reconsideration application and remitted the matter for proper reconsideration.

• Protected Disclosures Act
• Failure To Provide Reasons
• Procedural Fairness
• Irrationality
• Natural Justice
• Administrative-law

Municipal Manager: The City of Johannesburg Metropolitan Municipality and Others v San Ridge Heights Rental Property (Pty) Ltd (517/2022)

Municipal Manager: The City of Johannesburg Metropolitan Municipality and Others v San Ridge Heights Rental Property (Pty) Ltd (517/2022) [2023] ZASCA 109 (11 July 2023)

Court

Supreme Court of Appeal

Case number

517/2022

Judges

Nicholls, Carelse, Mabindla-Boqwana, Weiner, Molefe

The SCA held that the municipality’s failure to give reasons for classifying property for sanitation tariffs was fatal and remitted the matter for reconsideration.

• Promotion Of Administrative Justice Act
• Municipal Tariff Classification
• Failure To Provide Reasons
• Review Of Administrative Action
• Remittal Of Decision
• Administrative-law

Williams N.O. v Master of the High Court, Pretoria and Others

Williams N.O. v Master of the High Court, Pretoria and Others [2023] ZAGPPHC 212; 035698/22 (20 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

035698/22

Judge

WJ Du Plessis

The court found that the Master's conduct in revoking two addendums and failing to decide on the third addendum to the will was procedurally unfair and unlawful. The Master failed to provide reasons for his decisions despite repeated requests, infringing the applicant's right to just administrative action under PAJA and the Constitution. The applicant exhausted all reasonable avenues to obtain reasons and a decision, and was forced to approach the court. The court held that the applicant was entitled to the relief sought in the notice of motion. While the Assistant Master's conduct was inept…

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• Promotion Of Administrative Justice Act
• Failure To Provide Reasons
• Review Of Administrative Action
• Costs De Bonis Propriis
• Executor Duties

Zylec Investments (Pty) Ltd v National Stadium South Africa and Another (22428/2019)

Zylec Investments (Pty) Ltd v National Stadium South Africa and Another (22428/2019) [2022] ZAGPPHC 511 (18 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

22428/2019

Judge

M R Phooko

Leave to appeal was refused in a lease dispute after the court found no reasonable prospects of success on the alleged procedural irregularities, reasons, or quantum issues.

• Leave To Appeal
• Contractual Breach
• Quantum Of Damages
• Failure To Provide Reasons
• Procedural Irregularity
• Leave-to-appeal

NEHAWU obo Ngomane v Department of Employment and Labour and Others (JR 2482/2019)

NEHAWU obo Ngomane v Department of Employment and Labour and Others (JR 2482/2019) [2022] ZALCJHB 45 (2 March 2022)

Court

Labour Court Johannesburg

Case number

JR 2482/2019

Judge

Van Niekerk

The Labour Court removed a review from the roll because the applicant failed to plead proper review grounds and did not comply with Rule 7A.

• Public Service Act Section 17
• Review Under Lra Section 158 1 H
• Failure To Provide Reasons
• Procedural Compliance Rule 7a
• Substantive Unfairness
• Operation Of Law Termination

Putco (Pty) Ltd v SA Road Passenger Bargaining Council and Others (JR1969-18)

Putco (Pty) Ltd v SA Road Passenger Bargaining Council and Others (JR1969-18) [2019] ZALCJHB 137; (2019) 40 ILJ 2389 (LC) (11 April 2019)

Court

Labour Court Johannesburg

Case number

JR1969-18

Judge

Van Niekerk

The Labour Court has jurisdiction to review decisions of exemption and exemption appeal authorities under s 158(1)(g) of the LRA, applying the Sidumo reasonableness test. Both the exemption and appeal authorities failed to provide substantive reasons for their decisions, did not interrogate the evidence properly, and did not address the core issue of affordability. The absence of reasoned decisions constitutes a material irregularity and renders the outcomes unreasonable. Given the comprehensive evidence before the court, the applicant's justified lack of faith in the exemption authorities, a…

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• Collective Agreement Exemption
• Reasonableness Review
• Failure To Provide Reasons
• Affordability
• Remittal Vs Substitution