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South Africa decisions
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Van Heerden v Van Niekerk N.O and Others (1231/2022) [2024] ZANCHC 89 (13 September 2024)
The court granted condonation for late affidavits and postponed the main application pending a SPLUMA internal appeal, directing municipal respondents to process the appeal.
South African Medical Association obo Ntumba v MEC, Department of Health, Eastern Cape and Another (PR 66/2022) [2024] ZALCPE 12; (2024) 45 ILJ 1659 (LC) (12 April 2024)
The applicant, having been dismissed and subsequently tendering his resignation, which the respondents accepted and recorded as a dismissal for misconduct, made an informed choice to abandon his appeal. The lodging of the appeal prior to resignation was rendered moot by the resignation and its acceptance. The respondents were not legally obliged to convene or communicate the outcome of the appeal, nor to unblock the applicant's persal number, as this function falls under the Department of National Treasury and the Department of Public Service and Administration. The prohibition period for re-…
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Maguma v Station Commander Fleet Street Police Station and Others (EL683/2023) [2024] ZAECELLC 8 (19 March 2024)
The court found that the applicant qualifies as next of kin under PAIA, as he lived with the deceased in a permanent life partnership, raising children together, and thus is entitled to request access to the post-mortem report. The court held that the request, though lacking some particulars, was accompanied by sufficient information in the covering letter and supporting documents to enable identification of the record. The respondents failed in their statutory duty to assist the applicant in remedying any deficiencies, contrary to section 19(2) of PAIA and the SAPS PAIA Manual. However, the…
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Babu and Others v Khosa Chief Executive Officer, SADPMR and Others (45342/21) [2024] ZAGPPHC 134 (16 February 2024)
The applicants, having referred their unfair dismissal disputes to the CCMA before instituting proceedings in the High Court, objectively waived their rights to an internal appeal process with the third respondent. Their conduct, including the unequivocal undertaking not to pursue the relief claimed and the subsequent institution of proceedings in the Labour Court, demonstrates abandonment of any right to an internal appeal. The application before the High Court was incompetent from inception, as the applicants elected to pursue statutory remedies under the Labour Relations Act. Special circu…
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Information Officer and Another v Elalini Lodge CC t/a Elalini Projects (47/2022) [2024] ZAECBHC 1 (30 January 2024)
The court found that the default order granted on 1 March 2022 was erroneously sought and granted because the respondent failed to comply fully with the procedural requirements of PAIA, including the use of prescribed forms for internal appeal and proper disclosure of pending civil proceedings. The respondent's affidavit was incomplete and misleading, and the Minister of Police was improperly cited and served as a respondent. The court held that these errors were material and, had they been disclosed, would have prevented the granting of the default order. Accordingly, the application for res…
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Pretoria Arms (Pty) Limited v National Commissioner of the South African Police Services and Others (033074-22) [2022] ZAGPPHC 942 (1 December 2022)
The court found that Pretoria Arms and Tactical Arms are the same legal entity, as only the name and shareholders changed while the company registration number and dealer code remained the same. The dealer's licence was not transferred to a new entity, and the notification of assignment of a new responsible person was a statutory notification, not an application requiring approval. The Registrar was not empowered to refuse the notification, and the refusal was not subject to an internal appeal under section 133 of the Firearms Control Act. The Registrar's records were outdated and should have…
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Razorbill Properties (Pty) Ltd v Minister of Mineral Resources and Others (83780/2019) [2022] ZAGPPHC 619 (24 August 2022)
The court found that the calculation of the duration of prospecting rights must be made from the date the grant is communicated to the holder, in line with the Mawetse principle. The Director General's failure to decide the internal appeal constitutes a failure to take a decision, which is reviewable under PAJA. The applicant was entitled to launch review proceedings under PAJA, having acted within the statutory timeframes. However, the second appeal to the Minister was not competent, as the Minister is only empowered to consider appeals arising from decisions of the Director General, not the…
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Labonte 5 (Pty) Ltd v Minister of the Department of Mineral Resources and Energy and Others (31458/2020) [2022] ZAGPPHC 612 (11 August 2022)
The Court found that the Regional Manager's duties under section 22 of the Mineral and Petroleum Resources Development Act are mechanical and preparatory, not discretionary or final, and thus the functus officio doctrine does not apply to his decisions. The Director-General's decision of 19 December 2019, which was materially influenced by an error of law regarding functus officio, was declared unlawful and set aside. The Director-General also failed to properly apply his mind to the condonation application for Sand Hawks' late appeal, rendering that decision unlawful. Furthermore, the Direct…
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South African Police Service v Safety and Security Sectoral Bargaining Council and Others (JR2087/2015) [2021] ZALCJHB 147 (21 June 2021)
The Labour Court granted condonation, dismissed a Rule 11 delay application, and set aside a jurisdictional ruling because the bargaining council lacked jurisdiction.
Save The Maize Belt Society v Member of the Executive Council of the Mpumalanga Provincial Government responsible for Agriculture, Rural Development, Land, and Environmental Affairs and Others (1029/2019) [2021] ZAMPMBHC 16 (11 May 2021)
The court found that the MEC's decision to dismiss the Society's internal appeal on procedural grounds was unlawful and invalid, as the MEC failed to consider the merits of the appeal. The non-joinder point raised by the state respondents was rejected because the Society had correctly cited the MEC in its founding affidavit. The argument that the environmental authorisation had lapsed was dismissed based on the transitional provisions of NEMA, which preserved the suspension effect of appeals lodged before the 2014 amendment. The court held that it was not appropriate for the judiciary to subs…
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