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South Africa decisions
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Harrison v City of Tshwane Metropolitan Municipality (14012/2022) [2025] ZAGPPHC 747 (21 July 2025)
The High Court dismissed a declaratory application challenging municipal property rates for 2008/2009, finding the applicant lacked a sufficient legal interest after selling the property.
Imologa Community Project (Npo) v Minister of Social Development and Others (096524/2025) [2025] ZAGPPHC 719 (14 July 2025)
The court found that the applicant was aware of the investigation and the reasons for the funding decline since April 2024, yet failed to take timely action or pursue available remedies. The urgency claimed by the applicant was deemed self-created, as the applicant had ample opportunity to address the issues through ordinary court processes or internal remedies. The court held that the applicant did not demonstrate that substantial redress could not be obtained in due course, nor did it show irreparable harm justifying urgent intervention. The public interest in accountability and protection…
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Kerbyn Cape 2 (Pty) Ltd v Commissioner: SARS (15899/2023) [2025] ZAWCHC 308 (11 July 2025)
The High Court lacks jurisdiction to hear the review application because the applicant failed to exhaust internal remedies as required by the Tax Administration Act and PAJA. The applicant did not seek a directive from the High Court to bypass the Tax Court, nor did it demonstrate exceptional circumstances justifying such a departure. The mere lapse of time and inaccessibility of internal remedies do not satisfy the duty to exhaust or constitute exceptional circumstances. The applicant's repeated late objections and failure to follow prescribed procedures under the TAA and Tax Court Rules pre…
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Mamatu v Centlec (SOC) Ltd. and Others (3055/2025) [2025] ZAFSHC 203 (1 July 2025)
The court found that the applicant had established urgency due to the immediate loss of salary and medical aid, and that the requirements for interim interdictory relief were satisfied. The dispute regarding the purported resignation could not be resolved on the papers and was reserved for the review proceedings in Part B. The court exercised its discretion to condone non-compliance with service rules, as no prejudice was shown by the respondents. It held that the High Court has concurrent jurisdiction with the Labour Court in employment contract matters, relying on Baloyi v Public Protector…
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J van Dam N.O and Others v Cannabat Manufacturers International (2883/2023) [2025] ZAFSHC 192 (27 June 2025)
Winding-up application dismissed where the debt was bona fide disputed, the statutory demand was not properly served, and the process was found abusive.
Abedair Aviation Limited and Another v National Airways Corporation Pty Ltd (2022/027413) [2025] ZAGPJHC 643 (26 June 2025)
The court dismissed an application to declare or rescind a default judgment, finding jurisdiction was established and the suretyship was validly signed.
Makgata v Fetakgomo Tubatse Local Municipality and Others (686/2025) [2025] ZALMPPHC 108 (3 June 2025)
The court found that the High Court has jurisdiction to adjudicate legality matters arising from employment relations, including the lawfulness of the applicant's suspension and disciplinary proceedings. The Municipality failed to commence the disciplinary hearing within three months as required by regulation 6(6)(a), since the charges were not read out to the applicant within the prescribed period. The Municipality's procedural errors, including improper venue and insufficient notice, were its own fault and did not justify blaming the applicant. The suspension therefore lapsed automatically…
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South African Municipal Workers Union v Kheis Municipality and Others (908/2025) [2025] ZANCHC 44 (23 May 2025)
The High Court found SAMWU’s application partly urgent, refused new relief not pleaded, but ordered !Kheis Municipality to pay outstanding wages.
Sokhela and Another v Magistrate, Ms Letsholo N.O and Others (M235/23) [2025] ZANWHC 82 (6 May 2025)
The review application cannot be entertained in the absence of the full record of the proceedings before the Magistrate's Court. The applicants failed to comply with Uniform Rule 53 by not calling upon the Magistrate to dispatch the record, nor did they provide the record themselves, despite having access to the documents as parties to the original proceedings. The written reasons of the Magistrate alone are insufficient for a proper review. The alternative relief of treating the matter as a substantive interdict is untenable, as the application is based on the same facts and parties as the o…
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Dercksen v Health Profession Council of South Africa and Another (A13/2024) [2025] ZAGPPHC 433 (2 May 2025)
The court found that regulation 4A, which came into effect on 23 June 2023, does not apply retrospectively to the applicant's complaint, as the PCI's decision was communicated to the applicant on 22 March 2023. The PCI is a committee under the Health Professions Council of South Africa, and its decisions are deemed to be decisions of the council. Therefore, the applicant was correctly advised to approach the High Court in terms of section 20 of the Health Professions Act. The court held that it had jurisdiction to entertain the matter and consider the application for leave to appeal. On the m…
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