South Africa Case Law

Rustenburg Platinum Mines Bleskop Code of Body 3160 v National Commissioner of the South African Police Services Sithole N.O and Others (016405/2022)

Rustenburg Platinum Mines Bleskop Code of Body 3160 v National Commissioner of the South African Police Services Sithole N.O and Others (016405/2022) [2024] ZAGPPHC 811 (12 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

016405/2022

Judge

C Collis

The High Court upheld points in limine for prematurity and non-joinder in a firearms licence renewal review, and awarded costs to the respondents.

• Promotion Of Administrative Justice Act
• Firearms Control Act
• Internal Appeal Exhaustion
• Non Joinder
• Premature Application
• Administrative-law

Rustenburg Local Municipality v Layer3 Telecom (Pty) Ltd (CIV APP FB 19/2022)

Rustenburg Local Municipality v Layer3 Telecom (Pty) Ltd (CIV APP FB 19/2022) [2024] ZANWHC 102 (15 April 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 19/2022

Judges

MFenyana, Reid, Dewrance

The High Court dismissed Rustenburg Local Municipality’s appeal in a PAIA dispute over tender records, and allowed the respondent to adduce further evidence.

• Promotion Of Access To Information Act
• Internal Appeal Exhaustion
• Access To Tender Documents
• Review Application
• Admission Of Further Evidence
• Costs Award

Layer3 Telecom (Pty) Ltd v Rustenburg Local Municipality (M346/2020)

Layer3 Telecom (Pty) Ltd v Rustenburg Local Municipality (M346/2020) [2021] ZANWHC 69 (8 October 2021)

Court

North West High Court, Mafikeng

Case number

M346/2020

Judge

Petersen

The High Court held that the municipality had granted access to requested PAIA records but failed to supply them, so no internal appeal was required.

• Promotion Of Access To Information Act
• Internal Appeal Exhaustion
• Final Interdict
• Constitutional Right Of Access
• Costs Orders Against State
• Public Records Disclosure

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

Mkhango v Magistrates Commission and Another (5126/2017)

Mkhango v Magistrates Commission and Another (5126/2017) [2018] ZAECMHC 26 (23 April 2018)

Court

Eastern Cape High Court, Mthatha

Case number

5126/2017

Judge

Bodlani

The application was dismissed because the applicant failed to exhaust the internal appeal procedure required by section 78 of the Promotion of Access to Information Act before approaching the court. The court found that the applicant did not have a cause of action, as he had not appealed the refusal of access to information nor received an unfavourable decision on such appeal. Additionally, the court lacked territorial jurisdiction over the respondents, who neither resided, were domiciled, nor conducted business within the court's area, and had not consented to its jurisdiction. The applicant…

Source excerpt

• Promotion Of Access To Information Act
• Internal Appeal Exhaustion
• Jurisdiction
• Cause Of Action
• Access To Information

Solidarity v National Commissioner of the South African Police Service and Others (16572/2018)

Solidarity v National Commissioner of the South African Police Service and Others (16572/2018) [2018] ZAGPPHC 745 (6 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

16572/2018

Judge

E M Kubushi

The High Court ordered disclosure of most NSF Project records under PAIA, but sent third-party personal information back for notification and consent procedures.

• Promotion Of Access To Information Act
• Trade Union Rights
• Internal Appeal Exhaustion
• Disclosure Of Third Party Information
• Interdict Requirements
• Paia

National Union of Metal Workers of South Africa v City Power Johannesburg (Pty) Limited and Another (36915/2013)

National Union of Metal Workers of South Africa v City Power Johannesburg (Pty) Limited and Another (36915/2013) [2015] ZAGPJHC 73 (23 April 2015)

Court

South Gauteng High Court, Johannesburg

Case number

36915/2013

Judge

Satchwell

PAIA access dispute postponed sine die after the court held a fresh internal appeal was required for the 2015 refusal before litigation could proceed.

• Promotion Of Access To Information Act
• Internal Appeal Exhaustion
• Third Party Notification
• Public Tender Information
• Costs Personal Liability
• Paia

B and Another v Creecy NO and Others (2009/52850)

B and Another v Creecy NO and Others (2009/52850) [2010] ZAGPJHC 8 (10 March 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2009/52850

Judge

FHD Van Oosten

High Court dismissed an urgent bid to reinstate a learner as deputy head boy and RLC member after he voluntarily left school. Costs were split by stage.

• School Enrolment
• Internal Appeal Exhaustion
• Declaratory Relief
• Leadership Positions
• Costs Award
• School-enrolment

RMR Commodity Enterprises Registration No. CK88/19263/23 t/a Krass Blankets v State Tender Board and Others (27022/2006)

RMR Commodity Enterprises Registration No. CK88/19263/23 t/a Krass Blankets v State Tender Board and Others (27022/2006) [2008] ZAGPHC 270 (20 August 2008)

Court

High Courts - Gauteng

Case number

27022/2006

Judge

RD Mokgoatlheng

The High Court ordered access to tender documents under PAIA, finding the refusal unjustified and the confidentiality objections unproven, with punitive costs.

• Promotion Of Access To Information Act
• State Tender Board
• Public Procurement
• Grounds For Refusal Of Access
• Internal Appeal Exhaustion
• Confidential Commercial Information