South Africa Case Law

Eskom Holdings SOC Limited v Framatome and Another (5201/23)

Eskom Holdings SOC Limited v Framatome and Another (5201/23) [2025] ZAWCHC 296 (17 July 2025)

Court

Western Cape High Court, Cape Town

Case number

5201/23

Judge

R T Williams

The court found that the adjudicator acted within the wide powers conferred by the NEC3 contract, including issuing instructions to the project manager and deferring quantum determination. The contract's wording and context support a broad interpretation of the adjudicator's powers, and the process followed was consistent with the contract and South African law. The timing of the quantum instructions and further instructions was in accordance with the contract, and both the merits and quantum decisions were issued timeously. The rules of natural justice do not apply unless incorporated into t…

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• Adjudication Under Construction Contract
• Contractual Dispute Resolution Clauses
• Enforceability Of Adjudicator Awards
• Natural Justice In Contractual Tribunals
• Functus Officio
• Interpretation Of Nec3 Contract

Tedstone Flats CC and Others v Maple View Investments (Pty) Ltd and Others (LCC209/2021B)

Tedstone Flats CC and Others v Maple View Investments (Pty) Ltd and Others (LCC209/2021B) [2025] ZALCC 28 (11 June 2025)

Court

Land Claims Court

Case number

LCC209/2021B

Judge

Mabasa AJ

The Land Court reopened a moot land-relocation matter to decide reserved costs and ordered the City of Ekurhuleni to pay Part A costs, including two counsel.

• Variation Of Court Orders
• Costs Award
• Functus Officio
• Review Application Mootness
• Municipal Obligations
• Public Interest Litigation

Pine Glow Investments (Pty) Ltd v Minister of Energy and Others (1264/2023)

Pine Glow Investments (Pty) Ltd v Minister of Energy and Others (1264/2023) [2025] ZASCA 75; [2025] 3 All SA 314 (SCA) (2 June 2025)

Court

Supreme Court of Appeal

Case number

1264/2023

Judges

Zondi DP, Mocumie JA, Mokgohloa JA, Koen JA, Molitsoane AJA

The Supreme Court of Appeal held that the Minister could lawfully remit fuel licence applications for re-evaluation and that the review was premature for failure to exhaust internal remedies.

• Petroleum Products Act
• Internal Remedies
• Administrative Action
• Exhaustion Of Remedies
• Functus Officio
• Procedural Fairness

Walker and Others v Faerie Glen Waterpark (Pty) Ltd and Others (2024/041428)

Walker and Others v Faerie Glen Waterpark (Pty) Ltd and Others (2024/041428) [2025] ZAGPPHC 572 (2 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/041428

Judge

SG Maritz

The High Court dismissed a review of an arbitral taxation directive, holding the arbitrator could clarify an omitted costs scale and award High Court scale costs.

• Arbitration Review
• Gross Irregularity
• Costs Award
• Functus Officio
• Attorney And Client Costs
• Lease Dispute

Minerva Bunkering Marine Services (Pty) Ltd v Acting Chief Executive Officer of the South African Maritime Safety Authority and Others (3683/2022)

Minerva Bunkering Marine Services (Pty) Ltd v Acting Chief Executive Officer of the South African Maritime Safety Authority and Others (3683/2022) [2025] ZAECQBHC 9 (2 May 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

3683/2022

Judge

O H Ronaasen

The court set aside SAMSA’s withdrawal of Minerva’s ship-to-ship bunkering approval, held the approval covered all three transfer legs, and reinstated it.

• Promotion Of Administrative Justice Act
• Marine Pollution Control
• Ship To Ship Bunkering
• Statutory Interpretation
• Functus Officio
• Administrative Consistency

G.W.X. v Magistrate of Regional Division of Western Cape Blue Downs Mashala N.O and Another (17268/2024)

G.W.X. v Magistrate of Regional Division of Western Cape Blue Downs Mashala N.O and Another (17268/2024) [2025] ZAWCHC 142 (27 March 2025)

Court

Western Cape High Court, Cape Town

Case number

17268/2024

Judges

Mantame, Mthimunye

The court found that the magistrate acted without jurisdiction and in violation of procedural fairness by unilaterally amending the original divorce order after becoming functus officio. No application for variation or rescission was brought by either party, and the amendment prejudiced the applicant by depriving her of the relief she was granted. The court rejected the respondent's argument regarding delay, distinguishing legality review under the Superior Courts Act from administrative review under PAJA. The applicant's ignorance of the law was accepted as a reasonable explanation for the d…

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• Division Of Joint Estate
• Functus Officio
• Gross Irregularity
• Substitution Of Order
• Review Of Magistrate Decision

Nthandomayenziwe v University of Limpopo and Others (7524/2023)

Nthandomayenziwe v University of Limpopo and Others (7524/2023) [2025] ZALMPPHC 55 (24 March 2025)

Court

Limpopo High Court, Polokwane

Case number

7524/2023

Judge

M Bresler

The court found that the university's decision to terminate the applicant's studies and refuse to confer the Master's degree was procedurally unfair and unlawful. The applicant was admitted, completed all requirements, and was informed of her graduation, creating a legitimate expectation. The university failed to provide her with an opportunity to be heard and did not properly process her internal appeal, violating her rights under PAJA and the Constitution. The university was functus officio after admitting the applicant and could not revisit its decision without judicial review. Although th…

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• Promotion Of Administrative Justice Act
• Procedural Fairness
• Functus Officio
• Substitution Of Administrative Decision
• Legitimate Expectation

Hlabangwane v University of Pretoria and Others (2025-028456)

Hlabangwane v University of Pretoria and Others (2025-028456) [2025] ZAGPPHC 273 (18 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-028456

Judge

E M Kubushi

The High Court struck an urgent application by a University of Pretoria student seeking interim readmission pending review, finding the urgency self-created.

• University Exclusion
• Interim Interdict
• Urgency In Motion Proceedings
• Functus Officio
• Substantial Redress
• Review Of Administrative Action

Coca Cola Beverages South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR 1599/21)

Coca Cola Beverages South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR 1599/21) [2025] ZALCJHB 105 (12 March 2025)

Court

Labour Court Johannesburg

Case number

JR 1599/21

Judge

Bart Ford

The Labour Court refused leave to appeal, holding that the commissioner’s withdrawal did not trigger functus officio and that no bias or evidentiary error was shown.

• Recusal Of Commissioner
• Functus Officio
• Arbitration De Novo
• Reasonable Prospect Of Success
• Bias In Arbitration
• Functus-officio

Slim B and D Construction (Pty) Ltd v Sinkonde N.O and Another (2025/026408)

Slim B and D Construction (Pty) Ltd v Sinkonde N.O and Another (2025/026408) [2025] ZAGPJHC 717 (8 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/026408

Judge

WJ du Plessis

The court found that Slim B & D Construction's removal of the urgent application from the roll did not constitute a withdrawal, and the counter-application raised substantially the same issues. However, the doctrine of lis pendens could not be invoked to obstruct access to justice, especially where Slim B & D's conduct created procedural uncertainty and delayed the adjudication process. The adjudicator's obligations were governed by the Adjudication Board Rules, which required delivery of his decision by 12 March 2025 unless both parties agreed to an extension. The adjudicator could not unila…

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• Adjudication In Construction Contracts
• Lis Pendens
• Declaratory Relief
• Urgent Interdict
• Functus Officio