South Africa Case Law

Mokoena v West Rand District Municipality and Others (J599/22)

Mokoena v West Rand District Municipality and Others (J599/22) [2025] ZALCJHB 320 (8 July 2025)

Court

Labour Court Johannesburg

Case number

J599/22

Judge

M Makhura

The court held that the 60-day period in section 57(2)(a)(i) of the Municipal Systems Act refers to working days, not calendar days, and excludes weekends and public holidays. The applicant was required to work Monday to Friday, and there was no agreement to work on public holidays. Counting 60 working days from 1 December 2016, the last day for signing the performance agreement was 28 February 2017. The applicant signed the agreement on 27 February 2017, within the prescribed period. Therefore, the jurisdictional requirements for the contract to lapse were not met, and the respondent's relia…

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• Fixed Term Contracts
• Unlawful Dismissal
• Interpretation Of Statutes
• Performance Agreements
• Audi Alteram Partem
• Remuneration Claim

S v Hlungwani (A154/2024)

S v Hlungwani (A154/2024) [2025] ZAGPPHC 645 (12 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

A154/2024

Judges

SSE Sambo, MPN Mbongwe

The Court held that the Regional Court erred in granting a discharge under Section 174 of the Criminal Procedure Act, as the State had presented sufficient evidence to establish a prima facie case of fraud and procurement irregularities. The unchallenged testimony regarding the backdating of the deviation letter and the misrepresentation to police officials required an answer from the accused. The Court further found that a purposive interpretation of the National Treasury Practice Note requires reasons for deviation to be approved before payment is made, and that personal benefit is not a ne…

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• Fraud
• Misrepresentation
• Procurement Irregularities
• Section 174 Discharge
• Interpretation Of Statutes

Shoprite Supermarkets (Pty) Ltd v Eastern Cape Liquor Board and Others (EL599/2024)

Shoprite Supermarkets (Pty) Ltd v Eastern Cape Liquor Board and Others (EL599/2024) [2025] ZAECELLC 15 (5 June 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

EL599/2024

Judge

Hartle

The court held that section 22(2)(d)(i) of the Eastern Cape Liquor Act requires an applicant for transfer of a registration certificate to provide proof of service of notice on the ward committee, but does not impose a duty on the applicant to procure the ward committee's report. The statutory obligation to consult with the community and submit a report rests solely on the ward committee. The Board's refusal of Massmart's application on the basis that the applicant failed to action or cause the ward committee's report was a misinterpretation of the Act and unlawful. Shoprite was not required…

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• Judicial Review
• Interpretation Of Statutes
• Liquor Licensing
• Mandamus
• Community Consultation
• Exhaustion Of Internal Remedies

Registrar of Labour Relations v Simunye Workers Forum (JA 115/2023)

Registrar of Labour Relations v Simunye Workers Forum (JA 115/2023) [2025] ZALAC 32; (2025) 46 ILJ 1906 (LAC) (26 May 2025)

Court

Labour Appeal Court

Case number

JA 115/2023

Judges

Savage ADJP, Nkutha-Nkontwana JA, Mooki AJA

The Labour Appeal Court upheld the Registrar’s refusal to register Simunye Workers Forum, finding its constitution did not satisfy section 95(5) of the LRA.

• Trade Union Registration
• Section 95 Compliance
• Freedom Of Association
• Genuineness Of Union
• Constitutional Rights
• Interpretation Of Statutes

Hansa N.O and Others v Ethekwini Municipality and Others (D5113/24)

Hansa N.O and Others v Ethekwini Municipality and Others (D5113/24) [2025] ZAKZDHC 33 (23 May 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D5113/24

Judge

Shapiro AJ

The Municipality acted unlawfully in approving the building plans for the M[...] property. The lowest level of the new dwelling does not qualify as a basement under the statutory definition, as less than 50% of its volume is below natural ground level. The building is functionally a three-storey development, with each storey exceeding the maximum permitted height of 4.5 metres, and thus contravenes town planning controls. The Municipality failed to properly apply its mind to the requirements of section 7(1)(b) of the Act, did not conduct a rational assessment of the impact on neighbouring pro…

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• Building Regulations
• Town Planning Controls
• Judicial Review
• Unlawful Administrative Action
• Derogation Of Value
• Interpretation Of Statutes

Student Union for Christian Action Sefako Makgatho Health Sciences (SUCA) v Sefako Makgatho Health Sciences University (SMU) and Others (105750/2024)

Student Union for Christian Action Sefako Makgatho Health Sciences (SUCA) v Sefako Makgatho Health Sciences University (SMU) and Others (105750/2024) [2025] ZAGPPHC 385 (30 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

105750/2024

Judge

JF Grobler

High Court held that, under the SRC constitution and university statute, a simple majority for a 15-member SRC is eight votes, not nine, and dismissed the application with costs.

• Interpretation Of Statutes
• Student Governance
• Majority Vote Calculation
• University Regulations
• Statutory-interpretation
• Constitutional-interpretation

Resilient Rock (Pty) Ltd v Voltex (Pty) Ltd t/a Atlas Group (1132/2023)

Resilient Rock (Pty) Ltd v Voltex (Pty) Ltd t/a Atlas Group (1132/2023) [2025] ZASCA 33 (31 March 2025)

Court

Supreme Court of Appeal

Case number

1132/2023

Judges

Mbatha, Kathree-Setiloane, Baartman, Vally, Molitsoane

Section 347(5) of the Companies Act 61 of 1973 imposes a peremptory prohibition on any court, including appellate courts, from granting a final winding-up order in respect of a company that is already being wound up by order of court. The full court erred in disregarding the plain meaning of section 347(5) and in concluding that its appellate jurisdiction entitled it to issue a second winding-up order with retrospective effect. The legislative intent is clear: only one winding-up order may be operative at any time, and subsequent courts must give effect to the existence of a prior order. The…

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• Winding Up Orders
• Companies Act Section 347 5
• Jurisdiction Of Appellate Courts
• Concursus Creditorum
• Interpretation Of Statutes

Carrim N.O and Others v BP Southern African Proprietary Limited and Others (Leave to Appeal) (2023-098436)

Carrim N.O and Others v BP Southern African Proprietary Limited and Others (Leave to Appeal) (2023-098436) [2025] ZAGPPHC 221 (3 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-098436

Judge

E van der Schyff

The High Court refused leave to appeal, holding that section 341(2) of the Companies Act 61 of 1973 was clear and that no reasonable prospect of success was shown.

• Companies Act 1973
• Interpretation Of Statutes
• Leave To Appeal
• Liquidation Proceedings
• Companies-act-1973
• Statutory-interpretation

City of Tshwane Metropolitan Municipality v Moatshi (45183/2018)

City of Tshwane Metropolitan Municipality v Moatshi (45183/2018) [2025] ZAGPPHC 137 (17 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

45183/2018

Judge

Collis

The High Court granted leave to appeal in a dispute over section 118(1) of the Municipal Systems Act and whether interest may be charged before issuing a clearance certificate.

• Municipal Clearance Certificates
• Interpretation Of Statutes
• Interest On Arrears
• Local Government Municipal Systems Act
• Municipal-clearance-certificates
• Interpretation-of-statutes

MEC for Department Cooperative Governance, Human Settlement and Traditional Affairs, Limpopo Province and Others v Sekgota (Appeal) (HCAA4/2024)

MEC for Department Cooperative Governance, Human Settlement and Traditional Affairs, Limpopo Province and Others v Sekgota (Appeal) (HCAA4/2024) [2024] ZALMPPHC 188 (22 November 2024)

Court

Limpopo High Court, Polokwane

Case number

HCAA4/2024

Judges

M.G Phatudi, M. Naude-Odendaal, G.J. Diamond

The Full Court upheld an appeal over a municipal manager appointment, holding the selection panel complied with Regulation 12 and the appointment was valid.

• Municipal Manager Appointment
• Local Government Regulations
• Selection Panel Composition
• Judicial Review Of Administrative Action
• Interpretation Of Statutes
• Municipal-manager-appointment