South Africa Case Law

Grapentin and Another v Sue McGuinness Communications CC and Others (2018/15776)

Grapentin and Another v Sue McGuinness Communications CC and Others (2018/15776) [2021] ZAGPJHC 569; [2022] 1 All SA 228 (GJ) (19 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2018/15776

Judge

J.L. Khan

The High Court reviewed a Master’s section 70(4) certificate, finding PAJA procedural unfairness and setting aside the certificate and resulting judgment.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Close Corporations Act
• Liquidation Enquiry
• Internal Remedy Exhaustion
• Conversion Of Certificate To Judgment

Mwale v Financial Services Tribunal and Another (92967/2019)

Mwale v Financial Services Tribunal and Another (92967/2019) [2021] ZAGPPHC 297 (24 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

92967/2019

Judge

Yvan Coertzen

The court found that the Tribunal correctly interpreted the extended definition of 'the business of a bank' under the Banks Act, which applies to the business practice of the TVI scheme and not solely to the applicant's own business. The evidence showed that the applicant regularly obtained money from members of the public as part of the TVI scheme, with substantial deposits and multiple profiles linked to TVI activities. The Tribunal's decision was neither unreasonable nor irrational, as there were sufficient facts to justify its conclusion. The applicant's allegations of bias were unsupport…

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• Financial Sector Regulation Act
• Banks Act
• Judicial Review
• Pyramid Scheme Regulation
• Internal Remedy Exhaustion

Janks Office Imports (Pty) Ltd v Minister of Trade and Industry and Another (26720/2019)

Janks Office Imports (Pty) Ltd v Minister of Trade and Industry and Another (26720/2019) [2021] ZAGPPHC 251 (30 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

26720/2019

Judge

SC Vivian

The High Court dismissed a PAJA review over a cancelled MCEP incentive claim, finding the applicant lacked substantiation, missed the 180-day limit, and failed to show reviewable administrative error.

• Promotion Of Administrative Justice Act
• Judicial Review
• Internal Remedy Exhaustion
• Delay In Review
• Cost Sharing Incentive
• Substantiation Of Claims

Dipico v Imperial Group Limited t/a Cargo Motors Klerksdorp and Another (2212/2017)

Dipico v Imperial Group Limited t/a Cargo Motors Klerksdorp and Another (2212/2017) [2018] ZANCHC 23 (25 April 2018)

Court

Northern Cape High Court, Kimberley

Case number

2212/2017

Judges

Olivier J, Mamosebo J

The High Court does not have jurisdiction to review the decision of the Northern Cape Consumer Court at this stage because the applicant has not exhausted the internal remedy of appeal to a full panel as required by section 148(1) of the National Credit Act. The statutory framework for consumer protection disputes requires parties to pursue internal remedies before approaching the High Court. The applicant failed to allege any grounds of review in the founding affidavit and did not apply for exemption from the duty to exhaust internal remedies under PAJA. Consequently, the application is prem…

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• Internal Remedy Exhaustion
• Consumer Protection Act
• National Credit Act
• Review Jurisdiction
• Administrative Action

Mlungwana v Speaker: Eastern Cape Provincial Legislature (392/2008)

Mlungwana v Speaker: Eastern Cape Provincial Legislature (392/2008) [2015] ZAECBHC 11 (13 May 2015)

Court

Eastern Cape High Court, Bhisho

Case number

392/2008

Judge

Stretch

The court found that the plaintiff, by instituting review proceedings in the High Court rather than pursuing his internal appeal, expressly and impliedly abandoned his right to an internal appeal as provided for in the employer's code of conduct and section 7 of PAJA. The plaintiff's own affidavit and conduct demonstrated a clear election to pursue judicial review instead of exhausting internal remedies, amounting to a waiver of his right to appeal. The defendant successfully proved waiver on a balance of probabilities without calling witnesses, relying on the plaintiff's evidence and the und…

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• Waiver Of Rights
• Specific Performance
• Internal Remedy Exhaustion
• Disciplinary Procedure
• Jurisdiction
• Breach Of Contract