South Africa Case Law

Don't Waste KZN 1 (Pty) Ltd and Others v Compensation Fund and Others (Appeal) (A378/2023)

Don't Waste KZN 1 (Pty) Ltd and Others v Compensation Fund and Others (Appeal) (A378/2023) [2025] ZAGPPHC 525 (2 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

A378/2023

Judges

Khumalo J (Ms), Millar J, Le Grange AJ

The High Court held that COIDA section 91 was not an internal remedy for a Commissioner classification decision, upheld the review, and substituted classification 1960.

• Promotion Of Administrative Justice Act
• Internal Remedies
• Classification Of Employers
• Review Of Administrative Action
• Equitable Assessment Rates
• Administrative-law

Pine Glow Investments (Pty) Ltd v Minister of Energy and Others (1264/2023)

Pine Glow Investments (Pty) Ltd v Minister of Energy and Others (1264/2023) [2025] ZASCA 75; [2025] 3 All SA 314 (SCA) (2 June 2025)

Court

Supreme Court of Appeal

Case number

1264/2023

Judges

Zondi DP, Mocumie JA, Mokgohloa JA, Koen JA, Molitsoane AJA

The Supreme Court of Appeal held that the Minister could lawfully remit fuel licence applications for re-evaluation and that the review was premature for failure to exhaust internal remedies.

• Petroleum Products Act
• Internal Remedies
• Administrative Action
• Exhaustion Of Remedies
• Functus Officio
• Procedural Fairness

Baforegile Trading Enterprise and Another v City of Mbombela (4614/21)

Baforegile Trading Enterprise and Another v City of Mbombela (4614/21) [2025] ZAMPMBHC 38 (14 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

4614/21

Judge

L. Coetzee

The Court found that the First Applicant's claim of improper service was contradicted by the sheriff's return, which confirmed service at the subject property central to the dispute. The Applicant failed to provide a credible explanation for not receiving notice. Alleged non-disclosure of rezoning applications was irrelevant, as two applications related to unrelated properties and the third was not supported by the municipality. The Applicant did not establish that any procedural irregularity or material non-disclosure existed that would have influenced the outcome. The founding papers were i…

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• Rescission Of Judgment
• Service Of Process
• Municipal Zoning
• Spatial Planning And Land Use Management
• Default Judgment
• Internal Remedies

Potelwa v South African Legal Practice Council and Others (5029/2024)

Potelwa v South African Legal Practice Council and Others (5029/2024) [2025] ZAWCHC 188 (2 May 2025)

Court

Western Cape High Court, Cape Town

Case number

5029/2024

Judges

R Allie, CM Fortuin

The court found that the Disciplinary Committee of the LPC acted irregularly by determining both guilt and sanction at the same hearing without notifying the applicant of her right to present evidence and argument in mitigation. This procedural irregularity violated the applicant's rights under PAJA and section 34 of the Constitution. The DC's failure to inform the applicant of her right to appeal and to present mitigation before imposing sanctions deprived her of a material right. The court held that the sanctions imposed on 13 December 2023 must be set aside and referred back to a newly con…

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• Legal Practitioners Discipline
• Procedural Fairness
• Promotion Of Administrative Justice Act
• Audi Alteram Partem
• Internal Remedies
• Mitigation Of Sanction

Thaka Security Solutions CC v Amajuba District Municipality and Another (1623/2023P)

Thaka Security Solutions CC v Amajuba District Municipality and Another (1623/2023P) [2025] ZAKZPHC 21 (26 February 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1623/2023P

Judge

Mngadi

Review of a municipal security tender award dismissed for failure to pursue internal appeal remedies and because the sought substitution had become moot.

• Public Procurement
• Internal Remedies
• Preferential Procurement Policy Framework Act
• Judicial Review
• Mootness
• Public-procurement

Melaletsa v Regional Synod Free State and Lesotho of "Die Nederduitse Gereformeerde Kerk in Afrika - Oranje Vrystaat" and Others (6722/2023)

Melaletsa v Regional Synod Free State and Lesotho of "Die Nederduitse Gereformeerde Kerk in Afrika - Oranje Vrystaat" and Others (6722/2023) [2025] ZAFSHC 32 (7 February 2025)

Court

Free State High Court, Bloemfontein

Case number

6722/2023

Judges

Van Rhyn, Greyling-Coetzer

High Court review of a church disciplinary process succeeded: the Commission of Inquiry and the applicant’s release from service were set aside for procedural unfairness.

• Procedural Fairness
• Judicial Review
• Natural Justice
• Internal Remedies
• Church Governance
• Judicial-review

Adebayo and Another v Minister of Home Affairs and Another (2024-027220)

Adebayo and Another v Minister of Home Affairs and Another (2024-027220) [2025] ZAGPPHC 34 (20 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-027220

Judge

E van der Schyff

The High Court dismissed an application for mandamus restoring a permanent residence permit and identity document, finding the applicant had alternative remedies under immigration and review law.

• Mandamus
• Internal Remedies
• Immigration Act
• Promotion Of Administrative Justice Act
• Internal-remedies
• Immigration-law

Global Phashash Group (Pty) Ltd v Ngwathe Local Municipality (2269/2024)

Global Phashash Group (Pty) Ltd v Ngwathe Local Municipality (2269/2024) [2024] ZAFSHC 380 (25 November 2024)

Court

Free State High Court, Bloemfontein

Case number

2269/2024

Judge

Mahlatsi AJ

The court found that the plaintiff's particulars of claim disclose a valid cause of action based on the contractual nature of the wayleave agreement. The wayleave document issued by the defendant to the plaintiff constitutes a contract with terms and conditions reflecting the agreement between the parties. The defendant's argument that the wayleave is merely an administrative decision and that the plaintiff's remedy lies in internal remedies or review is misplaced. The authorities cited support the view that the exception must fail unless it is clear that no cause of action is disclosed on an…

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• Exception To Pleadings
• Wayleave Agreement
• Contractual Repudiation
• Administrative Action
• Municipal By Laws
• Internal Remedies

Mlambo v Minister of National Department of Home Affairs and Another (94266/2019)

Mlambo v Minister of National Department of Home Affairs and Another (94266/2019) [2024] ZAGPPHC 1111 (20 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

94266/2019

Judge

Leso

The court found that the respondents had finalized the applicant's proof of permanent residence application in 2018 but failed to communicate the outcome and reasons directly to the applicant and her attorneys. This delay and referral to another office for collection constituted unreasonable administrative action, violating the applicant's rights under PAJA and the Constitution. The absence of direct communication deprived the applicant of the opportunity to pursue internal remedies or appeal. The court held that the respondents were obliged to communicate the decision and reasons in a prescr…

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• Promotion Of Administrative Justice Act
• Immigration Permits
• Delay In Administrative Action
• Review Of Administrative Decisions
• Internal Remedies
• Fair Administrative Procedure

Body Corporate of Argyle Green v Appeal Authority City of Johannesburg and Others (2021/9113)

Body Corporate of Argyle Green v Appeal Authority City of Johannesburg and Others (2021/9113) [2024] ZAGPJHC 943 (16 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/9113

Judge

S Liebenberg

The court found that both the November 2018 decision of the Municipal Planning Tribunal and the subsequent appeal decision by the Appeal Authority constituted administrative action under PAJA and were susceptible to review. The affidavits submitted by the City respondents were struck out as inadmissible hearsay and unqualified opinion evidence, since the deponent lacked personal knowledge and expertise. The applicant had requested reasons for the November 2018 decision, satisfying the requirement to exhaust internal remedies. The MPT failed to take into account relevant considerations, notabl…

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• Promotion Of Administrative Justice Act
• Municipal Planning Bylaws
• Procedural Fairness
• Rezoning
• Hearsay Evidence
• Internal Remedies