South Africa Case Law

South African Fruit and Vegetable Canners Association and Another v Impumelelo Agri Business Solutions (Pty) Ltd and Others (82759/2018)

South African Fruit and Vegetable Canners Association and Another v Impumelelo Agri Business Solutions (Pty) Ltd and Others (82759/2018) [2021] ZAGPPHC 227; [2021] 3 All SA 242 (GP) (14 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

82759/2018

Judge

D S Molefe

The court found that the first respondent's process for determining, publishing, and imposing inspection fees did not meet the minimum requirements for fair administrative action under PAJA. The applicants were not provided with sufficient information to make meaningful representations, and the process was not transparent or rationally connected to the information before the decision-maker. The court held that the applicants were not required to exhaust internal remedies, as no effective remedy was available at the time. The constitutional challenges to the assignee's power to determine fees…

Source excerpt

• Promotion Of Administrative Justice Act
• Inspection Fees
• Delegation Of Legislative Power
• Constitutional Review
• Procedural Fairness

Van Zyl (EDMS) Beperk (t/a ZZ2) and Others v Minister of Agriculture Forestry and Fisheries and Others (45144/2017)

Van Zyl (EDMS) Beperk (t/a ZZ2) and Others v Minister of Agriculture Forestry and Fisheries and Others (45144/2017) [2020] ZAGPPHC 283 (24 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

45144/2017

Judge

S A M Baqwa

The High Court granted leave to appeal to the Supreme Court of Appeal in a constitutional and administrative law dispute about inspection fees and statutory validity.

• Rule Of Law
• Arbitrary Deprivation Of Property
• Internal Appeal Exhaustion
• Review Of Administrative Action
• Inspection Fees
• Constitutional Invalidity