South Africa Case Law

BBKS High School v Department of Education - Limpopo and Others (1471/2025)

BBKS High School v Department of Education - Limpopo and Others (1471/2025) [2025] ZALMPPHC 139 (14 July 2025)

Court

Limpopo High Court, Polokwane

Case number

1471/2025

Judge

M Z Makoti

The court found that the Department of Education's refusal to register BBKS High School as an examination centre was irrational and unlawful. The Department relied on a procedure requiring prior Umalusi accreditation, which is not mandated by any statute, regulation, or official policy. The evidence showed that the school met all minimum requirements for registration, as confirmed by the Department's own feasibility study. Umalusi itself required the examination centre number to finalise accreditation, creating a procedural deadlock that was not supported by law. The Department's conduct unju…

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• Irrationality Of Administrative Action
• Right To Basic Education
• Examination Centre Registration
• Umaluisi Accreditation
• Legality Principle

Wesi and Another v McGregor Museum and Others

Wesi and Another v McGregor Museum and Others [2023] ZAGPPHC 563; A160/2020 (17 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

A160/2020

Judges

van der Westhuizen, P Mabuse, H Kooverjie

The appeal was dismissed because the mining permit was granted in the absence of a Heritage Impact Assessment, a valid Environmental Management Plan, and a permit from the heritage authority. The mining area was not properly identified, and the application was incomplete and misleading. The appellants failed to provide evidence to counter the respondents' sketch plan, which showed that mining activities occurred within a protected heritage site. The withdrawal of the 'Cease Works Order' was invalid once the mining permit was set aside. The court found no merit in the appellants' arguments reg…

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• Mining Permit Review
• Heritage Site Protection
• Irrationality Of Administrative Action
• Heritage Impact Assessment
• Environmental Management Plan
• Procedural Fairness

Special Investigating Unit v Cultiver Investments (Pty) Ltd and Others (GP07/2019)

Special Investigating Unit v Cultiver Investments (Pty) Ltd and Others (GP07/2019) [2023] ZAST 8 (19 April 2023)

Court

Special Tribunal

Case number

GP07/2019

Judge

L T Modiba

The Tribunal found that the Minister's instruction to the Department to withdraw its opposition in the Polokwane application and regularise the lease with Cultiver Investments was irrational, as it disregarded the findings of multiple investigations and legal advice, and was not connected to the statutory purpose of the PLAS programme. The Department's officials acted on the Minister's instruction without applying their minds or considering the legal merits, resulting in an irregular and unlawful lease agreement. The Tribunal held that the delay in bringing the review application was minimal…

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• Legality Review
• Irrationality Of Administrative Action
• Just And Equitable Remedy
• Special Investigating Unit Act
• Public Finance Management Act
• Plaas Beneficiary Selection

Die Louis & Madelize Van Zyl Trust v Department of Water and Sanitation and Another (WT0/21/EC)

Die Louis & Madelize Van Zyl Trust v Department of Water and Sanitation and Another (WT0/21/EC) [2023] ZAWT 2 (11 April 2023)

Court

Water Tribunal

Case number

WT0/21/EC

Judge

N Maake

The Water Tribunal upheld an appeal against refusal of a surface water use licence, finding the decision lacked a proper hydro calculation and reasons.

• Water Use Licence
• Irrationality Of Administrative Action
• Reserve Determination
• Historically Disadvantaged Individuals
• Promotion Of Administrative Justice Act
• Water-use-licence

Kotze and Another v MEC of Co-Operative Governance and Traditional Affairs (Land use management and administration), Province of the Eastern Cape and Others (CA300/2018)

Kotze and Another v MEC of Co-Operative Governance and Traditional Affairs (Land use management and administration), Province of the Eastern Cape and Others (CA300/2018) [2020] ZAECGHC 25 (10 March 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

CA300/2018

Judges

NQUMSE, N.G. BESHE, R W N BROOKS

The High Court dismissed an appeal against refusal of a land-subdivision appeal, holding the reasons were adequate and the decision was rational under PAJA.

• Promotion Of Administrative Justice Act
• Adequacy Of Reasons
• Irrationality Of Administrative Action
• Retrospectivity
• Subdivision Of Land
• Administrative-law

Business Unity South Africa v Minister of Higher Education and Training and Others (JA111/2018)

Business Unity South Africa v Minister of Higher Education and Training and Others (JA111/2018) [2019] ZALAC 68; [2020] 1 BLLR 1 (LAC); (2020) 41 ILJ 137 (LAC) (16 October 2019)

Court

Labour Appeal Court

Case number

JA111/2018

Judges

Davis, Coppin, Murphy

The Labour Appeal Court found that the Minister failed to provide any clear or cogent justification for re-promulgating Regulation 4(4) after it had been declared unlawful by the Labour Court. The Minister's answering affidavit merely referenced slides and documents without articulating how the context had changed or why the decision was now rational. The absence of a substantive explanation meant the Minister's conduct was irrational and violated the principle of legality, which demands that exercises of public power be rational and not arbitrary. Accordingly, the decision to re-promulgate R…

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• Regulation Promulgation
• Principle Of Legality
• Irrationality Of Administrative Action
• Skills Development Act
• Issue Estoppel

Foodcorp (Pty) Ltd v Deputy Director General: Department of Environmental Affairs and Tourism: Branch Marine and Coastal Management and Others (87/2004)

Foodcorp (Pty) Ltd v Deputy Director General: Department of Environmental Affairs and Tourism: Branch Marine and Coastal Management and Others (87/2004) [2004] ZASCA 100; [2005] 1 All SA 531 (SCA); 2006 (2) SA 191 (SCA) (19 November 2004)

Court

Supreme Court of Appeal

Case number

87/2004

Judges

Harms, Scott, Brand, Erasmus, Jafta

The Supreme Court of Appeal set aside pelagic fishing quota allocations for 2005 after finding the formula was applied mechanically and produced irrational results.

• Promotion Of Administrative Justice Act
• Allocation Of Fishing Quotas
• Irrationality Of Administrative Action
• Ministerial Discretion
• Marine Living Resources Act
• Administrative-law