Road Accident Fund v Commissioner for the South African Revenue Service and Another (Reasons) (019721/2025) [2025] ZAGPPHC 357 (22 April 2025)
Court
North Gauteng High Court, Pretoria
Case number
019721/2025
Judge
R Tolmay
The High Court refused leave to appeal against an interim order, finding it was not final, definitive, or substantially dispositive of the main dispute.
Road Accident Fund v Commissioner for the South African Revenue Service and Another (019721/2025) [2025] ZAGPPHC 336 (26 March 2025)
Court
North Gauteng High Court, Pretoria
Case number
019721/2025
Judge
Tolmay
The High Court granted the RAF urgent interim relief preventing SARS from deducting R5.1 billion from RAF levies, pending resolution of an intergovernmental dispute.
Eskom Holdings SOC Limited v Matjhabeng Local Municipality (3040/2023) [2024] ZAFSHC 127 (6 May 2024)
Court
Free State High Court, Bloemfontein
Case number
3040/2023
Judge
M.T. Jordaan
The court refused summary judgment to Eskom, finding the municipality raised a bona fide defence based on alleged non-compliance with intergovernmental dispute procedures.
Minister for Transport and Public Works: Western Cape & others v Adonisi and Others (522/2021 & 523/2021) [2024] ZASCA 47; [2024] 3 All SA 49 (SCA); 2024 (4) SA 499 (SCA); 2024 (11) BCLR 1411 (SCA) (12 April 2024)
Court
Supreme Court of Appeal
Case number
522/2021 & 523/2021
Judges
Dambuza, Zondi, Schippers, Molefe, Unterhalter
The Supreme Court of Appeal held that the principle of constitutional subsidiarity precludes direct reliance on sections 25 and 26 of the Constitution where comprehensive legislation exists to give effect to those rights. The Housing Act and Social Housing Act, together with related statutes, form the primary legal framework for the progressive realisation of the right to adequate housing. The court found no statutory obligation requiring the Province or City to provide social housing at a specific location, such as central Cape Town. The Province and City had implemented policies and program…
Broadband Infraco SOC Limited v Eskom Holdings SOC Limited (2023/062380) [2023] ZAGPJHC 880 (7 August 2023)
Court
South Gauteng High Court, Johannesburg
Case number
2023/062380
Judge
WJ Du Plessis
The High Court granted urgent interim relief to Broadband Infraco, staying Eskom’s action and ordering restoration of leased fibre and maintenance services pending IRFA dispute resolution.
Odendaal and Another v MEC for Cooperative Governance and Traditional Affairs EC and Others (3752/2022) [2023] ZAECQBHC 38 (15 June 2023)
Court
Eastern Cape High Court, Gqeberha
Case number
3752/2022
Judge
Potgieter
The court found that the applicants failed to establish most of their review grounds, including allegations of a sham public participation process, ulterior purpose, and irrationality. The MEC's decision was taken after proper consultation and was rationally connected to the aim of addressing dysfunctionality and promoting inclusivity in the Metro. However, the applicants succeeded in showing, on a prima facie basis, that the declaration of an intergovernmental dispute triggered binding processes under the Intergovernmental Relations Framework Act, which the MEC did not follow. The requiremen…
Enoch Mgijima Municipality v Minister of Finance and Others (4351/2022) [2022] ZAECMKHC 125 (30 December 2022)
Court
Eastern Cape High Court, Makhanda
Case number
4351/2022
Judge
RWN Brooks
The court granted urgent interim relief stopping withholding of Enoch Mgijima Municipality’s equitable share pending review, finding urgency, a prima facie right, and irrationality.
Pioneer Foods (Pty) Ltd v Eskom Holdings SOC Limited & Others (325/2021) [2022] ZASCA 171 (1 December 2022)
Court
Supreme Court of Appeal
Case number
325/2021
Judges
Van der Merwe, Makgoka, Hughes, Basson, Windell
The appeal was dismissed as moot because the impugned decisions were time-bound and had already been implemented, rendering any order without practical effect. The Supreme Court of Appeal found that the legal issues raised had been settled by its prior judgment in Eskom Holdings SOC Ltd v Resilient Properties, which clarified Eskom’s powers under section 21(5) of the Electricity Regulation Act and rejected the argument that section 30 constituted an internal remedy under PAJA. The court further confirmed Eskom’s obligation to comply with the Intergovernmental Relations Framework Act and PAJA…
City of Matlosana Local Municipality v Eskom Holdings SOC Ltd and Others :In re: Eskom Holdings SOC Limited v City of Matlosana Local Municipality (35921/20) [2022] ZAGPJHC 464 (5 July 2022)
Court
South Gauteng High Court, Johannesburg
Case number
35921/20
Judge
Goedhart AJ
The court held that the municipality's application for an interim interdict must fail. The IRFA process does not suspend or override valid court orders, and the municipality's invocation of IRFA was belated and did not comply with statutory requirements. The municipality failed to demonstrate that it had taken all reasonable measures within its available resources to comply with its obligations. The writs of execution were competently issued under the terms of the 8 December 2020 court order, which was clear and unambiguous. The municipality's financial constraints and Covid-19 related diffic…
