South Africa Case Law

Rautenbach and Others v Governing Body of die Hoerskool DF Malan and Another (073/2024)

Rautenbach and Others v Governing Body of die Hoerskool DF Malan and Another (073/2024) [2025] ZASCA 78 (4 June 2025)

Court

Supreme Court of Appeal

Case number

073/2024

Judges

Mokgohloa, Mbatha, Weiner, Smith, Modiba

The Supreme Court of Appeal held that the governing body of a public school has implied statutory power under the Schools Act to change the school's name, as part of its governance functions and fiduciary duty to act in the best interests of the school and its stakeholders. The consultative process adopted was comprehensive, rational, and followed expert advice, ensuring broad stakeholder participation and fair opportunity for input. The decision to change the school's name was rationally connected to the information before the governing body and aligned with the school's values of inclusivit…

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• Schools Act
• Ultra Vires
• Procedural Fairness
• Rationality Review
• Consultation Requirements
• Implied Powers

Body Corporate of Balboa Park v Skeyi and Another (2023-061020)

Body Corporate of Balboa Park v Skeyi and Another (2023-061020) [2024] ZAGPJHC 361 (12 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-061020

Judge

EF Dippenaar

The court held that neither the Sectional Titles Act, the Sectional Titles Schemes Management Act, nor the management or conduct rules expressly confer on a body corporate the power to disconnect electricity or limit water supply to defaulting owners. The applicants failed to establish that such powers are implied, ancillary, or incidental, as the test for implication requires necessity, not mere convenience. The resolutions authorising the applications were ultra vires, having been passed by trustees rather than at a general meeting, and purporting to exercise powers not conferred by statute…

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• Sectional Titles Schemes Management Act
• Sectional Titles Act
• Implied Powers
• Levy Collection
• Constitutional Rights Limitation
• Mandament Van Spolie

National Lotteries Commission v Minister of Trade, Industry and Competition and Others (11706/2021)

National Lotteries Commission v Minister of Trade, Industry and Competition and Others (11706/2021) [2021] ZAGPPHC 256 (7 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

11706/2021

Judge

N Davis

The court set aside the Minister’s appointment of an acting chairperson of the National Lotteries Board, finding no lawful power under the Lotteries Act or PFMA.

• Implied Powers
• Appointment Of Chairperson
• Lotteries Act
• Ministerial Discretion
• Parliamentary Oversight
• Administrative-law

All Man Labour Services CC v Services Sector Education and Training Authority ('SETA') (J1509/04)

All Man Labour Services CC v Services Sector Education and Training Authority ('SETA') (J1509/04) [2007] ZALC 9; (2007) 28 ILJ 1053 (LC) (23 February 2007)

Court

Labour Court

Case number

J1509/04

Judge

E Revelas

The Labour Court held that a SETA may impose reasonable quality-assurance criteria for mandatory grants, and dismissed the employer’s claim for full payment.

• Skills Development Act
• Mandatory Grants
• Ultra Vires Policy
• Public Finance Management
• Quality Assurance
• Implied Powers