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South Africa decisions
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Ngiriyabandi v Border Management Authority of South Africa and Others (2025/013010) [2025] ZAWCHC 222 (27 May 2025)
The High Court dismissed an urgent application to set aside a refusal of entry, holding that administrative action cannot be undone by interdict without review proceedings.
Mosito Mining (Pty) Ltd v Minister of Mineral Resources and Energy of the Republic of South Africa and Others (783/22) [2024] ZAGPPHC 976 (26 September 2024)
The High Court postponed a mining-permit dispute sine die, allowed further review papers, and interdicted officials from issuing diamond rights on the farm pending finalisation.
Sand Hawks (Pty) Ltd and Another v Labonte 5 (Pty) Ltd and Others (190/2023) [2024] ZASCA 122; [2024] 4 All SA 359 (SCA) (16 August 2024)
The Supreme Court of Appeal held that the doctrine of functus officio applies only to final decisions. The Regional Manager's acceptance of Labonte's mining right application was a preliminary, clerical step under s 22 of the MPRDA, not a final decision, and thus could be corrected when the error was discovered. Labonte's application remained compliant and retained its place in the queue. The Director-General failed to properly consider the condonation for Sand Hawks' late appeal, neglecting to address the extent and cause of the delay, the explanation provided, and other relevant factors. Th…
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V-Tech (Pty) Ltd v South African Health Products Regulatory Authority (2024-008772) [2024] ZAGPPHC 799 (6 August 2024)
The court dismissed V-Tech’s urgent bid for an interim interdict against SAHPRA because it failed to prove irreparable harm on the papers.
Alberts v University of Johannesburg and Another (01366/2023) [2024] ZAGPJHC 665 (14 June 2024)
The High Court held that PTiP, not Professor Alberts personally, was the requester under PAIA. Because PTiP did not bring the case, the application failed.
South African Agri Initiative NPC v National Commissioner South Africa Revenue Service and Others (2023-022575) [2024] ZAGPPHC 194 (11 March 2024)
The High Court ordered SAPS and other respondents to provide proof supporting media claims that destroyed firearms were tested with IBIS and had no linked offences.
City of Johannesburg v Mudau and Another (JR2217/20) [2024] ZALCJHB 56 (26 January 2024)
The Labour Court dismissed a review of an internal appeal outcome, holding the chair acted within the disciplinary code when setting aside the dismissal.
Ampcor Khanyisa (Pty) Ltd v City of Cape Town and Others (21512/2021) [2023] ZAWCHC 258 (18 October 2023)
The court found that the City of Cape Town failed to provide sufficient clarity regarding the accreditation required for semi-skilled workers in its tender and subsequent communications. The City's approach of merely repeating the vague requirement without specifying what would be accepted as 'similar' to ELCONOP 2 left the applicant uncertain and unable to respond appropriately. This lack of clarity constituted procedural unfairness and a reviewable irregularity under PAJA. Although the applicant succeeded in establishing invalidity of the disqualification decision, the court declined to set…
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Limberg Mining Company (Pty) Ltd v Minister of Mineral Resources and Energy and Others (51664/2021) [2023] ZAGPPHC 1811 (13 October 2023)
The High Court dismissed a review as moot after the underlying section 11 application was granted, and ordered the applicant to pay attorney-and-client costs.
Petrol Green Filling Station CC v VKB Fuels (Pty) Ltd and Others (3794/2022) [2023] ZAFSHC 86 (22 March 2023)
The High Court removed an interdict application from the roll after finding the dispute was not ripe for hearing because fuel retailing had already stopped and licence validity issues were pending elsewhere.
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