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South Africa decisions
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Kingscott v Minister of Home Affairs and Another (034689/2023) [2024] ZAGPPHC 1127 (5 November 2024)
The High Court dismissed a review of a refused critical skills visa, holding that a candidate engineer did not meet the statutory skills requirement.
Johannes N.O and Another v National Minister of Agriculture, Land Reform and Rural Development and Others (34108/2020) [2021] ZAGPPHC 790 (19 November 2021)
The court found that the Minister and her delegate failed to exercise their discretion rationally and reasonably as required by SALA and administrative law principles. The evidence, particularly the expert report by Dr Gouws, established that Portion A was agriculturally uneconomical and had not contributed to the farm's productivity. The respondents provided no empirical evidence to counter this. The Minister's decision was based on general statements and irrelevant considerations, such as the fear of creating precedent, rather than the actual facts and purpose of SALA. The refusal to permit…
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Zest Polyurethanes (Pty) Limited v Minister of Trade & Industry (15216/2017) [2019] ZAWCHC 14 (20 February 2019)
The High Court reviewed and set aside the dti’s refusal to pay an approved MCEP grant, holding that it wrongly relied on incorrect employee figures.
Mtomba v Minister of Defence and Others (95871/2016) [2018] ZAGPPHC 894; 2019 (3) SA 548 (GP) (29 October 2018)
The court found that the decision to terminate the applicant's service constituted administrative action under PAJA, as the SANDF is excluded from the Labour Relations Act and the discharge was an exercise of public power in terms of legislation that adversely affected the applicant's rights. The respondents relied on irrelevant considerations by taking into account prior offences that were outdated and not investigated, and failed to apply their minds to the facts. The discharge was not rationally connected to the purpose of the empowering provision or the information before the decision-mak…
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K2014119283(Pty) Ltd t/a Cardiovascular Centre, Durbanville v Minister of Health Western Cape Province (22384/2016) [2017] ZAWCHC 152 (22 December 2017)
The High Court upheld a review dismissal of a refusal to license a private cardiac health facility, finding the Minister’s appeal decision was procedurally fair and rational.
Vawda and Another v Chairman of the Appeal Board and Another (95198/2015) [2017] ZAGPPHC 789; 2018 (1) SACR 695 (GP) (29 November 2017)
The High Court set aside an Appeal Board decision confirming that two applicants were unfit to possess firearms, finding the board overlooked relevant evidence and acted irrationally under PAJA.
Nyandeni Regional Authority and Another v Commission on Traditional Leadership Disputes and Claims and Others (45462/2008) [2017] ZAGPPHC 243 (16 May 2017)
The High Court dismissed a review of the Commission’s decision on Nyandeni Paramountcy, holding the Commission acted within its statutory powers.
Ricardo v Minister of Correctional Services and Others (32623/2014) [2016] ZAGPJHC 307 (3 March 2016)
The court found that the NCCS and the Minister imposed conditions for parole consideration that were impossible for the applicant to fulfil, specifically participation in a Gang Management Strategy programme that was not offered at his prison and had never been made available. The authorities failed to consider the applicant's substantial efforts in skills development and did not provide any guidance or opportunity for restorative justice processes. The respondents relied on undisclosed and anonymous reports and did not substantiate their decisions with relevant considerations. The court held…
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Ricardo v Minister of Correctional Services and Others (32623/2014) [2016] ZAGPJHC 66 (3 February 2016)
The court found that the recommendations of the NCCS and the decision of the Minister refusing parole were vitiated by reliance on conditions that were impossible for the applicant to fulfil, such as participation in a Gang Management Strategy programme not offered at his prison and undefined requirements for skill development and restorative justice. The respondents failed to provide clear direction or assistance, ignored the applicant's efforts and achievements, and relied on undisclosed psychological reports. These failures amounted to unfair and unreasonable administrative action under PA…
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Westinghouse Electric Belgium Societe Anonyme v Eskom Holdings (Soc) Ltd and Another (476/2015) [2015] ZASCA 208; [2016] 1 All SA 483 (SCA); 2016 (3) SA 1 (SCA) (9 December 2015)
The Supreme Court of Appeal found that the Bid Tender Committee unlawfully took into account strategic considerations and a schedule float that were not part of the published tender criteria when awarding the tender to Areva. These factors were neither disclosed to the bidders nor included in the evaluation framework, rendering the process procedurally unfair and irrational under the Promotion of Administrative Justice Act. The court held that strict compliance with the tender criteria is required to ensure fairness, transparency, and competitiveness in public procurement. The inclusion of ex…
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