South Africa Case Law

Imperial Logistics Advance (Pty) Ltd v Master of the High Court, Pretoria and Others (2023/054694)

Imperial Logistics Advance (Pty) Ltd v Master of the High Court, Pretoria and Others (2023/054694) [2025] ZAGPPHC 737 (24 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/054694

Judge

Flatela Luleka

The High Court granted an interim interdict stopping the Master’s appointment of additional liquidators and the postponement of a section 417/418 inquiry pending Part B.

• Appointment Of Liquidators
• Conflict Of Interest
• Creditors Rights
• Interim Interdict
• Fair Administrative Action
• Companies Act 1973

Greater Giyani Local Municipality and Another v Maluleke and Others (1640/2024)

Greater Giyani Local Municipality and Another v Maluleke and Others (1640/2024) [2025] ZALMPTHC 7 (3 April 2025)

Court

Limpopo High Court, Thohoyandou

Case number

1640/2024

Judge

TE Matumba

The court confirmed a rule nisi suspending a football tournament after finding Church Football Club had been unjustly excluded despite qualifying.

• Unjust Exclusion From Competition
• Interdict
• Costs Award
• Fair Administrative Action
• Urgent-interdict
• Costs-award

Minister of Home Affairs and Another v Lawyers for Human Rights and Others (14238/21)

Minister of Home Affairs and Another v Lawyers for Human Rights and Others (14238/21) [2025] ZAGPPHC 287 (20 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

14238/21

Judge

E van der Schyff

The High Court extended a suspended declaration of invalidity over blocked identity numbers, dismissed a challenge to its authority, and ordered costs against the applicants.

• Declaration Of Invalidity
• Extension Of Suspension
• Fair Administrative Action
• Identity Document Blocking
• Rule Of Law
• Just And Equitable Remedy

Henn v Health Professions Council of South Africa and Others (2024/131188)

Henn v Health Professions Council of South Africa and Others (2024/131188) [2024] ZAGPPHC 1297 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/131188

Judge

Labuschagne AJ

The court found that the applicant had pleaded to the original charges under the February 2020 Regulations, and the parties had agreed that those regulations would govern the de novo hearing. The unilateral amendment of the charge sheet and application of the 2023 Regulations introduced new substantive issues and procedural changes that prejudiced the applicant and compromised her right to fair administrative action. The pro forma complainant was not entitled to resile from the agreed ground rules or impose more onerous charges. The amended charge sheet was set aside as ultra vires and unlawf…

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• Promotion Of Administrative Justice Act
• Disciplinary Proceedings
• Retrospective Application Of Regulations
• Fair Administrative Action
• Ultra Vires
• Procedural Fairness

Graduate Institute of Financial Sciences Pty Ltd v Insurance Sector Education and Training Authority (134433/2023)

Graduate Institute of Financial Sciences Pty Ltd v Insurance Sector Education and Training Authority (134433/2023) [2024] ZAGPJHC 40 (22 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

134433/2023

Judge

Yacoob

Urgent interim interdict granted to stop de-accreditation of a training provider pending review and appeal, after concerns about procedural fairness and audi.

• Interim Interdict
• Fair Administrative Action
• Audi Alteram Partem
• Accreditation Review
• Urgency
• Balance Of Convenience

Munsoft (Pty) Ltd v Musina Local Municipality and Others (5922/2023)

Munsoft (Pty) Ltd v Musina Local Municipality and Others (5922/2023) [2023] ZALMPPHC 58 (31 July 2023)

Court

Limpopo High Court, Polokwane

Case number

5922/2023

Judge

M Z Makoti

The court found that Munsoft had established urgency, as the implementation of the tender would render any subsequent review futile and deprive Munsoft of fair administrative action. The Municipality failed to provide reasons for its decision or to account for the exclusion of lower bids, raising serious questions about lawfulness and compliance with procurement laws. Munsoft demonstrated a prima facie right to fair administrative action and a well-grounded apprehension of irreparable harm, as the migration of data and installation of a new system would make reversal impossible. The balance o…

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• Public Procurement
• Interim Interdict
• Municipal Finance Management Act
• Urgency
• Fair Administrative Action

Mashao NO v Government Employees Pension Fund and Others (5382/2022)

Mashao NO v Government Employees Pension Fund and Others (5382/2022) [2023] ZAGPJHC 655 (6 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

5382/2022

Judge

De Vos AJ

The Court found that section 26(1) of the Government Employees Pension Law, 1996 does not require the submission of a Z102 form and that the Fund's refusal to process the claim on this basis is unlawful and irrational. The Fund is obliged to pay benefits within 60 days of them becoming payable and must communicate directly with claimants under Rule 22. The Fund's conduct in stonewalling the applicant and shifting blame to the Department is inconsistent with statutory and constitutional obligations, including the right to social security and fair administrative action. The Court held that the…

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• Fair Administrative Action
• Mandamus
• Review Of Administrative Decision
• Social Security Rights
• Statutory Interpretation

Ayabulela v Lilitha College of Nursing and Another (EL 500/2022)

Ayabulela v Lilitha College of Nursing and Another (EL 500/2022) [2022] ZAECELLC 24 (8 September 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 500/2022

Judge

Hartle

An urgent application by a nursing student to access her special exam script and obtain another remark was dismissed with costs.

• Mandamus
• Student Assessment Policy
• Final Interdict
• Urgency
• Fair Administrative Action
• Administrative-law

F Taxpayer v Commissioner for the South African Revenue Service (IT 45842)

F Taxpayer v Commissioner for the South African Revenue Service (IT 45842) [2022] ZATC 1; 85 SATC 71 (25 February 2022)

Court

Tax Court

Case number

IT 45842

Judge

J I Cloete

The court found SARS' delay in delivering its rule 31 statement to be egregious, persistent, and without reasonable explanation. SARS failed to comply with statutory and rule-based time limits, misrepresented facts to the taxpayer, and caused severe prejudice by repeatedly failing to reflect the taxpayer's compliance status, impacting its business operations and regulatory standing. The interests of justice did not favour condonation, as SARS' conduct undermined the taxpayer's constitutional right to fair administrative action. On the merits, the court accepted the taxpayer's expert evidence…

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• Tax Administration Act
• Condonation
• Income Tax Deductibility
• Ifrs Application
• Fair Administrative Action
• Prejudice Due To Non Compliance

Simelane v Independent Electoral Commission and Others (1375/21P)

Simelane v Independent Electoral Commission and Others (1375/21P) [2021] ZAKZPHC 70 (15 June 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1375/21P

Judge

Mossop AJ

The applicant failed to establish a prima facie right to the interim relief sought. Although initially nominated by the EFF and declared elected by the IEC, the EFF validly recalled his nomination within the statutory period, and the IEC's subsequent appointment was an admitted error. The Municipal Structures Act allows parties to change their candidate lists within 21 days, and the EFF's actions were within this window. The applicant's completion of the nomination document was likely unilateral and not at the EFF's insistence. The applicant's right to fair administrative action was not infri…

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• Municipal Structures Act
• Interim Interdict
• Party List Vacancy
• Fair Administrative Action