South Africa Case Law

Sinenkani Football Club v South African Football Association and Others (1461/2025)

Sinenkani Football Club v South African Football Association and Others (1461/2025) [2025] ZAECMHC 24 (9 April 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1461/2025

Judge

L Rusi

The court found that the fourth and fifth respondents, acting as SAFA officials, unlawfully dismissed the applicant's complaint and appeal by mischaracterizing the nature of the complaint and failing to follow the mandatory dispute resolution procedures set out in the SAFA Competition Rules. The complaint was not about play in the match but about a conflict of interest under Rule 30.1, which prohibits appointment of match commissioners with direct or indirect connections to participating teams. The fourth respondent failed to refer the matter to the Disciplinary Committee as required, and the…

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• Promotion Of Administrative Justice Act
• Judicial Review Of Administrative Action
• Interim Interdict
• Conflict Of Interest
• Internal Remedies Exhaustion
• Sports Governance

Gumede and Others v Master of the High Court, Pietermaritzburg and Others (4315/2024P)

Gumede and Others v Master of the High Court, Pietermaritzburg and Others (4315/2024P) [2025] ZAKZPHC 22 (26 February 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4315/2024P

Judge

Mngadi

The court held the Master acted outside the Trust Property Control Act and trust deed in appointing trustees, set aside the new appointments, and dismissed reinstatement relief.

• Trust Property Control Act
• Appointment And Removal Of Trustees
• Judicial Review Of Administrative Action
• Locus Standi
• Trust Deed Interpretation
• Trust-property-control-act

Naude v Commissioner for the South African Revenue Service and Another (51712/2017)

Naude v Commissioner for the South African Revenue Service and Another (51712/2017) [2025] ZAGPPHC 152 (13 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

51712/2017

Judge

E Joyini

The High Court dismissed a challenge to SARS’s disallowance of diesel refund claims, finding the applicant had not met the statutory requirements and ordering costs against him.

• Diesel Refund Scheme
• Customs And Excise Act
• Vat Assessment
• Tax Administration Act
• Judicial Review Of Administrative Action
• Diesel-refund-scheme

Greyvensteyn and Other v Commissioner of South African Revenue Service and Others (B2495/2023)

Greyvensteyn and Other v Commissioner of South African Revenue Service and Others (B2495/2023) [2025] ZAGPPHC 128 (12 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

B2495/2023

Judge

Amien

The court finds that the process under sections 180 and 184(2) of the Tax Administration Act constitutes administrative action, not self-help, and is subject to judicial review under PAJA and the principle of legality. The applicant's right of access to court is not ousted, as he may challenge SARS' decision through substantive judicial review. The limitation imposed by section 186(3) on the applicant's rights to freedom of movement and trade is reasonable and justifiable under section 36 of the Constitution, given the need to secure tax collection and prevent dissipation of assets. Judicial…

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• Tax Administration Act
• Personal Liability For Tax Debt
• Judicial Review Of Administrative Action
• Limitation Of Constitutional Rights
• Preservation And Repatriation Orders
• Access To Court

Netcare Hospitals (Pty) Ltd v Compensation Fund and Others (016469/2023)

Netcare Hospitals (Pty) Ltd v Compensation Fund and Others (016469/2023) [2024] ZAGPPHC 1335 (12 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

016469/2023

Judge

Ngalwana AJ

The application is dismissed because Netcare failed to establish that the CompEasy system is dysfunctional in law or fact. The factual disputes regarding the system's functionality are material and cannot be resolved on motion papers. The court cannot grant declaratory or mandatory relief imposing duties on the Compensation Fund that are not provided for in COIDA or its regulations, absent a constitutional challenge to the statute. Much of the functionality sought by Netcare is already present in the system, and Netcare's difficulties arise from operational and procedural issues rather than s…

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• Judicial Review Of Administrative Action
• Declaratory Relief
• Mandatory Interdict
• Statutory Duties
• Healthcare Service Delivery

Registrar of Labour Relations and Another v Justice for All Workers of South Africa (JA36/2024)

Registrar of Labour Relations and Another v Justice for All Workers of South Africa (JA36/2024) [2024] ZALAC 64; [2025] 2 BLLR 169 (LAC); (2025) 46 ILJ 351 (LAC) (29 November 2024)

Court

Labour Appeal Court

Case number

JA36/2024

Judges

Savage ADJP, Sutherland JA, Govindjee AJA

The Labour Appeal Court dismissed an appeal against JAWSA’s registration as a trade union, holding the Labour Court correctly assessed genuineness under the LRA.

• Trade Union Registration
• Genuineness Of Union
• Section 111 Appeal
• Collective Bargaining Rights
• Judicial Review Of Administrative Action
• Trade-union-registration

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

Sihlali v Registrar of Deeds and Others (2517/2023)

Sihlali v Registrar of Deeds and Others (2517/2023) [2024] ZAECMHC 85 (24 October 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2517/2023

Judge

Mhambi

The High Court directed the Master of the High Court to exercise statutory discretion and appoint an executor for a deceased estate within 30 days.

• Appointment Of Executor
• Administration Of Estates Act
• Locus Standi
• Judicial Review Of Administrative Action
• Appointment-of-executor
• Deceased-estates

South African Local Government Association and Another v Afriforum NPC (2024-061993)

South African Local Government Association and Another v Afriforum NPC (2024-061993) [2024] ZAGPPHC 826 (19 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-061993

Judge

de Vos

The High Court refused leave to appeal in a challenge to NERSA’s 2024 electricity tariff methodology, holding it unlawful because it did not require a cost of supply study.

• Electricity Tariff Regulation
• Cost Of Supply Study
• Judicial Review Of Administrative Action
• Just And Equitable Remedy
• Electricity-tariff-regulation
• Cost-of-supply-study

Nyamakazi v Head of Modderbee Correctional Centre and Others (2024-060382)

Nyamakazi v Head of Modderbee Correctional Centre and Others (2024-060382) [2024] ZAGPPHC 779 (5 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-060382

Judge

C J van der Westhuizen

The High Court dismissed an urgent application for an order declaring the applicant eligible for a presidential special remission under Circular 4 of 2023.

• Special Remission Of Sentence
• Urgent Application Procedure
• Parole Eligibility
• Presidential Amnesty
• Judicial Review Of Administrative Action
• Urgent-application