South Africa Case Law

Pilisanani Trading Enterprise 50 CC v Information Regulator (South Africa) and Others (D1269/2022)

Pilisanani Trading Enterprise 50 CC v Information Regulator (South Africa) and Others (D1269/2022) [2025] ZAKZDHC 45 (16 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D1269/2022

Judge

Olsen

The court held that the Information Regulator's refusal to condone the late submission of the applicant's complaint was reasonable and not reviewable. The applicant failed to provide a full and persuasive explanation for the delay, particularly for the period after it became aware of the legislative requirements. The applicant's ignorance of the law, especially given its legal representation, was not a sufficient excuse. Furthermore, the request for access to records was fatally defective for failing to identify the underlying right to be exercised or protected, as required by PAIA. The Regul…

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• Condonation Of Late Filing
• Review Of Administrative Action
• Promotion Of Access To Information Act
• Failure To Exhaust Internal Remedies
• Unreasonableness
• Irrationality

Minister of Justice and Correctional Services v Mabanga and Another (JR428/19)

Minister of Justice and Correctional Services v Mabanga and Another (JR428/19) [2025] ZALCJHB 174 (29 April 2025)

Court

Labour Court Johannesburg

Case number

JR428/19

Judge

Daniels

The Labour Court reviewed and set aside a disciplinary ruling after finding it irrational and unreasonable, then remitted the dispute for rehearing before a different chairperson.

• Disciplinary Review
• Irrationality
• Gross Negligence
• Section 158 1 H Lra
• Procedural Fairness
• Disciplinary-review

Independent Institute of Education (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Others (2023/095869; 13361/2023; 120464/2023; 128616/2023)

Independent Institute of Education (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Others (2023/095869; 13361/2023; 120464/2023; 128616/2023) [2025] ZAGPJHC 374 (8 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/095869

Judge

Mudau

The court found that the City of Johannesburg's public participation process in adopting the 2023/2024 Rates Policy and By-Law was perfunctory and failed to meet constitutional and statutory requirements. The City did not genuinely consider stakeholders' input, particularly regarding the impact on privately owned educational institutions. The categorisation of such properties under 'business and commercial' was irrational and unreasonably discriminatory, violating section 19(1)(c) of the MPRA and sections 28 and 29 of the Constitution. The City failed to consider the best interests of childre…

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• Municipal Property Rates Act
• Public Participation
• Irrationality
• Unreasonable Discrimination
• Right To Education
• Best Interests Of Child

Berties Van Zyl (Edms) BPK (t/a ZZ2) and Others v Product Control for Agriculture and Another (021530/2022)

Berties Van Zyl (Edms) BPK (t/a ZZ2) and Others v Product Control for Agriculture and Another (021530/2022) [2025] ZAGPPHC 282 (17 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

021530/2022

Judge

Nyathi

The court found that Prokon's Fee Determination was ultra vires the Agricultural Products Standards Act because it allowed fees to be charged not only for actual inspection services rendered but also for uninspected products, amounting to an unlawful levy. The determination was also procedurally unfair under PAJA, as Prokon failed to provide stakeholders with sufficient information to enable meaningful comment, repeating flaws previously identified by the Supreme Court of Appeal. Furthermore, the fee structure was irrational and arbitrary, with no rational connection between the weight-based…

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• Promotion Of Administrative Justice Act
• Ultra Vires
• Procedural Fairness
• Irrationality
• Fee Determination
• Agricultural Products Standards Act

Anderson v Minister of Justice and Correctional Services and Another (022949/2024)

Anderson v Minister of Justice and Correctional Services and Another (022949/2024) [2024] ZAGPPHC 1355 (23 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

022949/2024

Judge

GN Moshoana

The court set aside the Minister’s refusal of parole, held the decision irrational, and ordered Lee Anderson’s release on parole. No costs were ordered.

• Promotion Of Administrative Justice Act
• Parole Review
• Irrationality
• Exhaustion Of Internal Remedies
• Hearsay Evidence
• Separation Of Powers

Maximum Profit Recovery (Pty) Ltd v Umlalazi Municipality and Others (17686/23P)

Maximum Profit Recovery (Pty) Ltd v Umlalazi Municipality and Others (17686/23P) [2024] ZAKZPHC 100 (11 November 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

17686/23P

Judge

Marion

The court found that the applicant was not required to exhaust internal remedies because the available remedies were either ineffective or unavailable due to the late notification and the accrual of rights to successful tenderers. The functionality criteria in the tender were irrational, particularly for VAT recovery and actuarial services, as they required all directors to be chartered accountants, which was not relevant to all disciplines and excluded capable tenderers. The tender failed to provide for a preference point scoring system, lacked transparency in the post-panel appointment proc…

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• Municipal Tender Review
• Irrationality
• Constitutional Procurement
• Preferential Procurement Policy
• Exhaustion Of Internal Remedies
• Panel Appointment Irregularity

Kingscott v Minister of Home Affairs and Another (034689/2023)

Kingscott v Minister of Home Affairs and Another (034689/2023) [2024] ZAGPPHC 1127 (5 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

034689/2023

Judge

GN Moshoana

The High Court dismissed a review of a refused critical skills visa, holding that a candidate engineer did not meet the statutory skills requirement.

• Immigration Act Review
• Critical Skills Visa
• Error Of Law
• Irrelevant Considerations
• Arbitrariness
• Promotion Of Administrative Justice Act

Democratic Alliance v Hlophe and Others (16170/2024 ; 16771/2024 ; 16463/2024)

Democratic Alliance v Hlophe and Others (16170/2024 ; 16771/2024 ; 16463/2024) [2024] ZAWCHC 282; 2025 (1) SA 169 (WCC) (27 September 2024)

Court

Western Cape High Court, Cape Town

Case number

16170/2024 ; 16771/2024 ; 16463/2024

Judges

Baqwa, Daffue, Collis

The court found that the National Assembly failed to properly exercise its discretion in designating Dr Hlophe to the Judicial Service Commission, instead following a convention that did not allow for genuine deliberation or consideration of relevant factors. The designation of an impeached judge to the JSC is incompatible with the constitutional obligation to protect the independence, dignity, and effectiveness of the courts. The applicants established a strong prima facie case for review, a reasonable apprehension of irreparable harm to the legitimacy of the JSC, and satisfied the requireme…

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• Judicial Service Commission Composition
• Interim Interdict
• Promotion Of Administrative Justice Act
• Separation Of Powers
• Error Of Law
• Irrationality

Industrial Gas Users Association of SA v National Energy Regulator of SA and Another (032727/2024)

Industrial Gas Users Association of SA v National Energy Regulator of SA and Another (032727/2024) [2024] ZAGPPHC 643 (8 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

032727/2024

Judge

Joubert

The High Court set aside NERSA’s 2021 gas-price approval for Sasol, holding the methodology unlawful, and remitted the matter for a new decision.

• Review Of Administrative Action
• Maximum Gas Price Regulation
• Cost Plus Methodology
• Irrationality
• Remittal Of Decision
• Administrative-law

Industrial Gas Users Association of SA v National Energy Regulator of SA and Another (63670/2021)

Industrial Gas Users Association of SA v National Energy Regulator of SA and Another (63670/2021) [2024] ZAGPPHC 550 (18 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

63670/2021

Judge

Joubert

The High Court set aside NERSA’s approval of Sasol’s gas prices for 2014 to 2023, finding the methodology unlawful and remitting the matter for a new decision.

• Judicial Review Of Administrative Action
• Regulation Of Monopoly Pricing
• Gas Act
• Cost Plus Methodology
• Irrationality
• Remittal Of Decision