South Africa Case Law

Langa v Minister of Correctional Services (2025/030684)

Langa v Minister of Correctional Services (2025/030684) [2025] ZAGPPHC 513 (26 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/030684

Judge

D J Wilson

The court held that, except in exceptional circumstances, it is inappropriate to remove a lay litigant's urgent application from the roll without first ascertaining the nature of the complaint and determining its urgency. In cases involving incarcerated individuals, the court must exercise heightened scrutiny due to the vulnerability of applicants and the seriousness of claims relating to liberty or detention conditions. The absence of any response from the Minister of Correctional Services was found to be unacceptable, and the Department's failure to facilitate the applicants' attendance at…

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• Right To Liberty
• Parole Eligibility
• Urgent Application Procedure
• Case Management
• Judicial Supervision

Freedom Under Law v Minister of Social Development and Others (CCT 48/17)

Freedom Under Law v Minister of Social Development and Others (CCT 48/17) [2021] ZACC 5; 2021 (6) BCLR 575 (CC) (1 April 2021)

Court

Constitutional Court

Case number

CCT 48/17

Judges

Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor

The Constitutional Court compelled further document production and updated audit verification in the social grants dispute, reserving the profit-determination issue.

• Judicial Supervision
• Social Grants
• Compliance With Court Orders
• Unlawful Contract
• Audit Verification
• Profit Recovery

Equal Education and Others v Minister of Basic Education and Others (22588/2020)

Equal Education and Others v Minister of Basic Education and Others (22588/2020) [2020] ZAGPPHC 306; [2020] 4 All SA 102 (GP); 2021 (1) SA 198 (GP) (17 July 2020)

Court

North Gauteng High Court, Pretoria

Case number

22588/2020

Judge

S Potterill

The court found that the Minister and MECs have a constitutional and statutory duty to ensure the NSNP provides a daily meal to all qualifying learners, whether attending school or studying remotely due to the Covid-19 pandemic. The suspension or phased roll-out of the NSNP constituted a breach of learners' rights to basic education and basic nutrition under sections 29(1)(a) and 28(1)(c) of the Constitution. The evidence demonstrated that millions of learners were deprived of essential nutrition, with no adequate substitute provided. The respondents' defence was rejected as contrived and uns…

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• Right To Basic Education
• Right To Basic Nutrition
• Structural Interdict
• Judicial Supervision
• Covid 19 Emergency Measures
• Declaratory Relief

Swart and Others v Fourie and Others (2488/2017)

Swart and Others v Fourie and Others (2488/2017) [2017] ZAWCHC 58 (22 May 2017)

Court

Western Cape High Court, Cape Town

Case number

2488/2017

Judge

A.G. Binns-Ward

The court found that the subpoenas issued under section 414 of the Companies Act were overbroad and that the presiding officer failed to apply his mind sufficiently to their scope and justification. The absence of a written request and the lack of specificity in the subpoenas rendered them legally invalid. Regarding the application to stay the examination under section 415, the court held that the applicants misconceived their remedy by not raising concerns of abuse with the presiding officer, who is the primary safeguard against oppressive conduct. The jurisprudence establishes that liquidat…

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• Liquidation Procedure
• Examination Of Directors
• Subpoena Validity
• Conflict Of Interest
• Judicial Supervision