South Africa Case Law

Raliphaswa v Minister of Correctional Services and Others (073384/2025)

Raliphaswa v Minister of Correctional Services and Others (073384/2025) [2025] ZAGPPHC 684 (27 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

073384/2025

Judge

Nthambeleni

The court found that the applicant failed to establish urgency, as the conditions of his detention had remained unchanged since his transfer in January 2025, and no new threat or change justified urgent intervention. The applicant did not exhaust available internal remedies, specifically the right to appeal to the National Commissioner, as required by PAJA. The statutory period for detention at C-Max had not been exceeded, and the applicant's allegations of irreparable harm and rights violations were unsupported by evidence. The court held that the urgency was self-created, and the applicatio…

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• Promotion Of Administrative Justice Act
• Urgent Interdict
• Solitary Confinement
• Internal Remedies Exhaustion
• Prisoners Rights

Londile and Another v Bikwe and Others (1640/2014)

Londile and Another v Bikwe and Others (1640/2014) [2025] ZAECMHC 63 (27 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1640/2014

Judge

M Mhambi

The court found that the Commission failed to prove its authority to investigate the claim, as there was no evidence of a properly lodged claim or compliance with the prescribed procedures under Section 21 of the Framework Act. The respondents did not provide the necessary lodgment documents or demonstrate that internal remedies were exhausted before referral to the Commission. Furthermore, the applicants were not afforded adequate notice or a fair hearing, violating the requirements of procedural fairness under PAJA and the Constitution. The Premier's decision was based on misinformation reg…

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• Traditional Leadership Disputes
• Procedural Fairness
• Review Of Administrative Action
• Customary Law Application
• Internal Remedies Exhaustion

Williams-Pretorius v Legal Practice Council, Western Cape and Another (21929/2023)

Williams-Pretorius v Legal Practice Council, Western Cape and Another (21929/2023) [2025] ZAWCHC 256 (20 June 2025)

Court

Western Cape High Court, Cape Town

Case number

21929/2023

Judges

P. S. Van Zyl, H. Slingers

Review of LPC dismissal of a misconduct complaint failed for delay, failure to exhaust internal appeal, and no reviewable irregularity.

• Promotion Of Administrative Justice Act
• Internal Remedies Exhaustion
• Delay In Review
• Legal Practitioners Discipline
• Costs Award
• Administrative-law

Sinenkani Football Club v South African Football Association and Others (1461/2025)

Sinenkani Football Club v South African Football Association and Others (1461/2025) [2025] ZAECMHC 24 (9 April 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1461/2025

Judge

L Rusi

The court found that the fourth and fifth respondents, acting as SAFA officials, unlawfully dismissed the applicant's complaint and appeal by mischaracterizing the nature of the complaint and failing to follow the mandatory dispute resolution procedures set out in the SAFA Competition Rules. The complaint was not about play in the match but about a conflict of interest under Rule 30.1, which prohibits appointment of match commissioners with direct or indirect connections to participating teams. The fourth respondent failed to refer the matter to the Disciplinary Committee as required, and the…

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• Promotion Of Administrative Justice Act
• Judicial Review Of Administrative Action
• Interim Interdict
• Conflict Of Interest
• Internal Remedies Exhaustion
• Sports Governance

Productivity South Africa v Commission for Conciliation Mediation and Arbitration (JR734/22)

Productivity South Africa v Commission for Conciliation Mediation and Arbitration (JR734/22) [2024] ZALCJHB 460 (19 November 2024)

Court

Labour Court Johannesburg

Case number

JR734/22

Judge

S.M. Shaba

The Labour Court reviewed and set aside part of a CCMA award, finding no unfair labour practice and no basis for compensation in a restructuring dispute.

• Unfair Labour Practice
• Review Of Arbitration Award
• Jurisdiction Of Ccma
• Remedies For Unfair Labour Practice
• Internal Remedies Exhaustion
• Unfair-labour-practice

Ngwenya v Minister of Correctional Services and Others (2023/04233)

Ngwenya v Minister of Correctional Services and Others (2023/04233) [2024] ZAGPJHC 1153 (8 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/04233

Judge

Du Plessis

The court found that the confiscation of the applicant's laptop was unlawful because the indemnity signed only permitted confiscation of the modem, not the laptop, and no policy or regulation was cited to justify the laptop's removal. The disciplinary hearing was procedurally defective: the applicant was not properly informed, did not receive written reasons, and was penalised twice for the same alleged offence, contrary to the Mandela Rules. The disciplinary charge of 'misuse of computer' is not a listed infringement under s 23 of the Correctional Services Act, and the evidence relied upon w…

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• Prisoner Rights
• Disciplinary Procedure
• Right To Education
• Mandela Rules
• Internal Remedies Exhaustion

V.D.S v W.M (1702/2018)

V.D.S v W.M (1702/2018) [2024] ZAWCHC 295 (16 September 2024)

Court

Western Cape High Court, Cape Town

Case number

1702/2018

Judge

Andrews

The court found that the applicant failed to exhaust the internal remedies provided in the Parenting Plan, which require disputes to be resolved first through a Parent Plan Collaborator and then a facilitator before litigation is pursued. The applicant did not provide cogent reasons for bypassing these mechanisms. Furthermore, the applicant did not discharge the onus to prove that the proposed variation to the Parenting Plan would be in the best interests of the children, as their voices and participation were absent from the process. The court emphasized the constitutional and statutory impe…

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• Parenting Plan Variation
• Best Interests Of Child
• Internal Remedies Exhaustion
• Contact Rights
• Medical Expenses Liability

Du Plessis v Legal Practice Council (EL967/2023)

Du Plessis v Legal Practice Council (EL967/2023) [2024] ZAECELLC 38 (20 August 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL967/2023

Judge

Laing

The court found that although there was an undue delay of almost four years in finalising the disciplinary proceedings, the delay did not materially prejudice the applicant's ability to defend himself. The applicant had full access to the record and was able to cross-examine witnesses and present his case. The seriousness of the allegations warranted thorough investigation, and some delay was tolerable. The applicant's challenge was based on the merits of the Disciplinary Committee's ruling rather than its legality or procedural fairness, amounting to an appeal rather than a review. The appli…

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• Legal Practice Act
• Disciplinary Proceedings Delay
• Review Of Administrative Action
• Procedural Fairness
• Internal Remedies Exhaustion

Tshedza Protective Services CC v North West Housing Corporation and Others (M146/2022)

Tshedza Protective Services CC v North West Housing Corporation and Others (M146/2022) [2024] ZANWHC 192 (23 July 2024)

Court

North West High Court, Mafikeng

Case number

M146/2022

Judge

Reddy

The High Court reviewed and set aside the appointment of a security contractor for procurement irregularities, but refused to set aside the termination challenge for failure to exhaust internal remedies.

• Promotion Of Administrative Justice Act
• Public Procurement
• Internal Remedies Exhaustion
• Tender Review
• Fair And Equitable Process
• Administrative-law

Chief Avhatendi Ratshibvumo Rambuda and Others v Tshibvumo Royal Family and Others (CCT 255/22)

Chief Avhatendi Ratshibvumo Rambuda and Others v Tshibvumo Royal Family and Others (CCT 255/22) [2024] ZACC 15; 2024 (11) BCLR 1376 (CC) (17 July 2024)

Court

Constitutional Court

Case number

CCT 255/22

Judges

Maya, Chaskalson, Dodson, Kollapen, Mathopo, Mhlantla, Rogers, Schippers, Tshiqi

The Constitutional Court held that the Rambuda Royal Family must identify the Tshibvumo headman, and the Premier must follow section 12(2) procedures before recognition.

• Traditional Leadership Disputes
• Customary Law Interpretation
• Review Of Administrative Action
• Gender Equality In Customary Law
• Internal Remedies Exhaustion
• Appointment Of Headman