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South Africa Case Law

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Administrative Law [2025] ZAWCHC 339

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023)

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023) [2025] ZAWCHC 339 (11 August 2025)

The High Court set aside Stellenbosch’s rezoning appeal decision after finding it relied on an ungazetted, non-binding MSDF version and was tainted by an error of law.

  • Municipal Spatial Development Framework
  • Procedural Fairness
  • Judicial Review Under Paja
  • Zoning Scheme By Law
  • Error Of Law
  • Administrative-law
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Tax Law [2025] ZAGPPHC 476

Bottom Line Solutions (Pty) Ltd trading as BLS Portco SA v Commissioner for the South African Revenue Service (27441/2020)

Bottom Line Solutions (Pty) Ltd trading as BLS Portco SA v Commissioner for the South African Revenue Service (27441/2020) [2025] ZAGPPHC 476 (12 May 2025)

The Court found that BLS, as a licensed clearing agent, did not satisfy the jurisdictional facts under section 99(2) of the Customs and Excise Act to escape liability for customs duty, VAT, penalties, and interest. BLS failed to provide valid proof of export, did not notify SARS of non-fulfilment, and did not take all reasonable steps to prevent diversion. The acquittal documents submitted were found invalid, and SARS' systems reflected the goods as unacquitted and not exported. The improper preparation of customs documents by BLS facilitated the diversion of goods. The Court held that SARS'…

  • Customs And Excise Act
  • Liability Of Clearing Agents
  • Judicial Review Under Paja
  • Agency Principle In Tax
  • Condonation For Late Review
  • Diversion Of Bonded Goods
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Administrative Law [2025] ZAMPMHC 8

De Jager N.O and Others v Minister of Water Affairs and Others (5481/2022)

De Jager N.O and Others v Minister of Water Affairs and Others (5481/2022) [2025] ZAMPMHC 8 (25 February 2025)

The court ordered enforcement of water and mining directives against Rietspruit Crushers, holding that business rescue did not suspend compliance or administrative enforcement.

  • Water Use Licensing
  • Mining Directives
  • Environmental Compliance
  • Business Rescue Protection
  • Judicial Review Under Paja
  • Enforcement Of Administrative Action
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Administrative Law [2024] ZAGPPHC 1361

Johan Theron Makelaars CC and Another v Chairperson for Office of Ombud and Others (72880/2019)

Johan Theron Makelaars CC and Another v Chairperson for Office of Ombud and Others (72880/2019) [2024] ZAGPPHC 1361 (24 December 2024)

High Court review of FAIS Ombud and Tribunal decisions over Sharemax investment complaints, setting aside most reimbursement and cession orders for unfairness and legal error.

  • Judicial Review Under Paja
  • Fais Act Compliance
  • Ombud Jurisdiction
  • Prescription Of Claims
  • Procedural Fairness
  • Financial Services Provider Liability
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Administrative Law [2024] ZAGPPHC 1168

Mantladi Technologies (Pty) Ltd v National Treasury and Others (033768/2022)

Mantladi Technologies (Pty) Ltd v National Treasury and Others (033768/2022) [2024] ZAGPPHC 1168 (11 November 2024)

The applicant failed to establish that the National Treasury's decision was irrational or based on irrelevant considerations. Mantladi was non-compliant with the tender specifications, submitting woven items instead of non-woven ones and failing to provide required samples. The products of the successful bidders were confirmed to meet the tender requirements. The applicant did not demonstrate exceptional circumstances warranting substitution or compensation under PAJA. The late amendment to the notice of motion was not justified, as no case was made for the new relief. Accordingly, the applic…

  • Public Procurement
  • Judicial Review Under Paja
  • Tender Award Challenge
  • Exceptional Circumstances For Substitution
  • Costs Award
  • Amendment Of Notice Of Motion
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Administrative Law [2024] ZAGPPHC 327

Nu Africa Duty Free Shops (Pty) Ltd v Commissioner for the South African Revenue Service (58541/2020)

Nu Africa Duty Free Shops (Pty) Ltd v Commissioner for the South African Revenue Service (58541/2020) [2024] ZAGPPHC 327 (8 April 2024)

The High Court dismissed a PAJA review of SARS’s refusal to licence two special storage warehouses, finding material non-disclosure and no irrationality.

  • Customs And Excise Act
  • Licensing Of Warehouses
  • Material Non Disclosure
  • Judicial Review Under Paja
  • Administrative Action
  • Rationality And Reasonableness
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Administrative Law [2024] ZAGPPHC 321

Savvas and Another v Minister of Home Affairs for the Republic of South Africa and Others (065931/2023)

Savvas and Another v Minister of Home Affairs for the Republic of South Africa and Others (065931/2023) [2024] ZAGPPHC 321 (2 April 2024)

The court found that the applicants' review application was brought within the statutory time limits prescribed by section 7 of PAJA, as the 180-day period commenced when they became aware that their internal appeal was not being considered. The refusal by the Director General to consider the appeal solely because it was not lodged via VFS was unlawful. However, the court held that the Director General is best suited to reconsider the visa application and that the matter should be remitted for proper consideration of the appeal. The court declined to interfere further, citing the separation o…

  • Immigration Act Section 11 6
  • Judicial Review Under Paja
  • Internal Remedies Exhaustion
  • Timeliness Of Review
  • Separation Of Powers
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Administrative Law [2023] ZAGPJHC 1505

Moshoeshoe v Master Of High Court and Others (003981/2022)

Moshoeshoe v Master Of High Court and Others (003981/2022) [2023] ZAGPJHC 1505 (5 October 2023)

The High Court set aside the removal of an executrix and the appointment of her replacement for non-compliance with the Administration of Estates Act and PAJA.

  • Administration Of Estates Act
  • Removal Of Executor
  • Procedural Fairness
  • Bias In Administrative Action
  • Bond Of Security
  • Judicial Review Under Paja
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Administrative Law [2023] ZAECMKHC 109

Minister: National Department of Public Works & Infrastructure v HBC Construction (Pty) Ltd and Others - Appeal (CA213/2021)

Minister: National Department of Public Works & Infrastructure v HBC Construction (Pty) Ltd and Others - Appeal (CA213/2021) [2023] ZAECMKHC 109 (3 August 2023)

The court held that the Bid Evaluation Committee's decisions to declare the second and third respondents' bids administratively responsive were unlawful, as both failed to comply with mandatory requirements stipulated in the tender documents. The Department's differential treatment of non-compliance was unjustified and inconsistent with the principles of fairness and transparency in public procurement. The risk assessment process, while permissible as objective criteria if properly stipulated, was not determinative in this instance because only the first respondent remained as a responsive bi…

  • Public Procurement
  • Preferential Procurement Policy Framework Act
  • Judicial Review Under Paja
  • Bid Responsiveness
  • Objective Criteria In Tender Awards
  • Condonation Of Noncompliance
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Tax Law [2023] ZAGPPHC 604

Commissioner for the South African Revenue Services v Agrizzi and Another (45008/2021)

Commissioner for the South African Revenue Services v Agrizzi and Another (45008/2021) [2023] ZAGPPHC 604 (24 July 2023)

SARS’s bid to repatriate Agrizzi’s foreign assets was dismissed, while Agrizzi succeeded in reviewing SARS’s refusal to suspend payment of the tax debt.

  • Tax Administration Act
  • Compulsory Repatriation Of Foreign Assets
  • Suspension Of Payment
  • Pay Now Argue Later
  • Judicial Review Under Paja
  • Tax-law
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.