South Africa Case Law

Ngceke v Chief Financial Officer, Buffalo City Metropolitan Municipality and Another (EL1246/2023)

Ngceke v Chief Financial Officer, Buffalo City Metropolitan Municipality and Another (EL1246/2023) [2024] ZAECELLC 34 (18 June 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1246/2023

Judge

Hartle

The court held the municipality had to respond to a water-billing dispute and that no internal appeal had to be exhausted because no decision had been made.

• Municipal Billing Dispute
• Exhaustion Of Internal Remedies
• Promotion Of Administrative Justice Act
• Credit Control Policy
• Failure To Take Decision
• Municipal-billing-dispute

Time Anchor Distillery (Pty) Ltd and Others v Gauteng Provincial Liquor Board (124397/2023; 124405/2023)

Time Anchor Distillery (Pty) Ltd and Others v Gauteng Provincial Liquor Board (124397/2023; 124405/2023) [2023] ZAGPPHC 2051 (21 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

124397/2023; 124405/2023

Judge

Minnaar

The respondent, a public administrative body, failed to consider and finalize the applicants' liquor license applications within the statutory timeframes, causing prejudice to the applicants who are unable to conduct their businesses and earn income. The respondent did not file answering affidavits and relied solely on technical objections, which the court found insufficient. The court held that the applicants established urgency, as they would not obtain substantial redress in due course due to the clogged court rolls and ongoing prejudice. The requirements for interim relief were met: the a…

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• Promotion Of Administrative Justice Act
• Mandamus
• Interim Interdict
• Failure To Take Decision
• Urgency
• Liquor Licensing

Mango Airlines SOC Limited and Others v Minister of Public Enterprises and Others (010700/2023)

Mango Airlines SOC Limited and Others v Minister of Public Enterprises and Others (010700/2023) [2023] ZAGPPHC 1112; [2023] 4 All SA 475 (GP) (6 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

010700/2023

Judge

Phooko AJ

The court found that the Business Rescue Practitioner (BRP) has standing to bring the application, as he has full management control of Mango Airlines during business rescue and is responsible for implementing the adopted business rescue plan. The PFMA and Companies Act can be reconciled in this context, and both apply concurrently. The Minister of Public Enterprises is entitled to request further information under the PFMA, but once the BRP indicated that no further information would be provided, the statutory 30-day period for presumed approval under section 54(3) PFMA commenced. The Minist…

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• Public Finance Management Act
• Business Rescue
• Failure To Take Decision
• Review Of Administrative Action
• Standing
• Declaratory Relief

Razorbill Properties (Pty) Ltd v Minister of Mineral Resources and Others (83780/2019)

Razorbill Properties (Pty) Ltd v Minister of Mineral Resources and Others (83780/2019) [2022] ZAGPPHC 619 (24 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

83780/2019

Judge

NQUMSE

The court found that the calculation of the duration of prospecting rights must be made from the date the grant is communicated to the holder, in line with the Mawetse principle. The Director General's failure to decide the internal appeal constitutes a failure to take a decision, which is reviewable under PAJA. The applicant was entitled to launch review proceedings under PAJA, having acted within the statutory timeframes. However, the second appeal to the Minister was not competent, as the Minister is only empowered to consider appeals arising from decisions of the Director General, not the…

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• Prospecting Rights
• Failure To Take Decision
• Internal Appeal Procedure
• Judicial Review Under Paja
• Mineral And Petroleum Resources Development Act

Nomkopo v MEC for Rural Development and Agririan Reform, Eastern Cape and Another (3510/2020)

Nomkopo v MEC for Rural Development and Agririan Reform, Eastern Cape and Another (3510/2020) [2021] ZAECMHC 34 (14 October 2021)

Court

Eastern Cape High Court, Mthatha

Case number

3510/2020

Judge

Z. M. Nhlangulela

The court found that the respondent, as an organ of state, undertook to address the applicant's grievance regarding her demotion and salary overpayment through Circular 1/2015, but failed to take a decision as required by section 5(7) of the Public Service Act. This omission constitutes administrative action reviewable under section 6(2)(g) of PAJA. The High Court has jurisdiction to adjudicate the matter because the applicant's cause of action is administrative review, not an unfair labour practice. The delay in launching the application was justified by the respondent's ongoing internal pro…

Source excerpt

• Promotion Of Administrative Justice Act
• Failure To Take Decision
• Public Service Act
• Unfair Labour Practice
• Jurisdiction Of High Court
• Delay In Review Applications

Kholina v Health Professions Councils of South Africa and Others (8523/21)

Kholina v Health Professions Councils of South Africa and Others (8523/21) [2021] ZAGPPHC 404 (18 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

8523/21

Judge

N.P. Mali

The High Court reviewed the Council’s failure to set a Part III examination date for a foreign-qualified dentist and ordered it to do so within 30 days.

• Promotion Of Administrative Justice Act
• Failure To Take Decision
• Registration Of Foreign Qualified Professionals
• Health Professions Act
• Judicial Review
• Administrative-law

Nkosi v Minister of Home Affairs and Others (2020/30056)

Nkosi v Minister of Home Affairs and Others (2020/30056) [2021] ZAGPJHC 73 (4 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/30056

Judge

Gilbert

The High Court ordered a delayed identity-document application to be finalised after further submissions, granted condonation, and made a partial costs order.

• Promotion Of Administrative Justice Act
• Failure To Take Decision
• Identity Document Application
• Unreasonable Delay
• Condonation
• Social Assistance Eligibility

Maile and Another v Premier of Limpopo and Others (1743/2018)

Maile and Another v Premier of Limpopo and Others (1743/2018) [2020] ZALMPPHC 54 (25 June 2020)

Court

Limpopo High Court, Polokwane

Case number

1743/2018

Judge

GC Muller

The High Court ordered the Limpopo Premier to decide a traditional-community recognition application and dismissed a vexatious-litigant counterapplication.

• Mandamus
• Failure To Take Decision
• Promotion Of Administrative Justice Act
• Traditional Leadership Recognition
• Vexatious Litigation
• Costs Orders

Mukhambi v MEC for Health, Eastern Cape Province and Another (1045/2019)

Mukhambi v MEC for Health, Eastern Cape Province and Another (1045/2019) [2019] ZAECMHC 36 (2 July 2019)

Court

Eastern Cape High Court, Mthatha

Case number

1045/2019

Judge

B Majiki

The High Court dismissed an administrative-law review as premature because the applicant launched proceedings before the 90-day PAJA period had expired.

• Promotion Of Administrative Justice Act
• Failure To Take Decision
• Request For Information
• Premature Application
• Administrative-law
• Paja

GPCM v Minister of Home Affairs and Others (38909/2017)

GPCM v Minister of Home Affairs and Others (38909/2017) [2019] ZAGPPHC 156; 2020 (3) SA 434 (GP) (16 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

38909/2017

Judge

Thobane

Urgent review of Home Affairs’ delay in altering a transgender applicant’s sex marker and issuing documents. The court held the failure to decide was reviewable and granted relief.

• Promotion Of Administrative Justice Act
• Alteration Of Sex Description Status Act
• Failure To Take Decision
• Exhaustion Of Internal Remedies
• Non Joinder
• Identity Documents