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South Africa decisions
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Ndhlovu v Correctional Supervision Parole Board and Others (2025/16719) [2025] ZAGPJHC 427 (29 April 2025)
The High Court dismissed an urgent review of a parole postponement, holding that no final parole decision had been made and no reviewable administrative action was shown.
Hlamandana and Another v Premier, Eastern Cape Provincial Government and others (2227/2023) [2025] ZAECMHC 1 (4 February 2025)
The court found that the chairperson's recommendation to remove the first applicant as headman was unlawful, as section 31(14) of the Eastern Cape Traditional Leadership and Governance Act prescribes specific sanctions and does not authorize removal. Only the Royal Family may recommend removal to the Premier, and this jurisdictional fact was absent. The Premier's decision to remove the first applicant was therefore not sourced in law and contravened the doctrine of legality. The chairperson's failure to provide a transcribed record did not constitute a procedural irregularity, as mechanical r…
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Mtshali v S (A268/2023) [2024] ZAGPPHC 701 (18 July 2024)
The court found that the appellant did not admit, nor did the State prove, that he had knowledge of the semi-automatic nature of the firearm at the time of possession. The minimum sentence regime under section 51(2) of Act 105/97 therefore could not be invoked. The conviction and sentence under the minimum sentencing legislation were set aside and replaced with a conviction and sentence under the Firearms Control Act 60 of 2000. The appellant was sentenced to 7 years imprisonment for unlawful possession of a firearm and 1 year for unlawful possession of ammunition, with the sentences to run c…
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Ad Hoc Central Authority for the Republic of South Africa and Another v DM (18862/2023) [2024] ZAWCHC 170 (19 June 2024)
The applicants failed to discharge the onus of proving that the children were habitually resident in Germany immediately before their retention in South Africa. The evidence did not support a mutual intention to relocate permanently to Germany, and the circumstances indicated the move was temporary and prompted by the pandemic. The father's actions, such as hiding the children's passports, further undermined the claim of habitual residence. Consequently, the Hague Convention does not apply. Even if habitual residence had been established, the mother did not meet the high threshold required fo…
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Combrink v South African Practical Shooting Association and Others (11595/2022) [2024] ZAGPPHC 153 (8 February 2024)
The court found that the first respondent failed to comply with its own constitution regarding the initiation of disciplinary proceedings against the applicant. The required jurisdictional facts—specifically, a properly constituted and unanimous decision by the executive committee to institute proceedings against the applicant—were not present. The evidence showed that the decision was made against an unidentified individual and was not subsequently ratified in accordance with the constitution once the applicant's identity was known. The failure to supply requested information to the applican…
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Nongoma Local Municipality and Others v MEC for Cooperative Governance and Traditional Affairs (KwaZulu-Natal) and Others (846/2023P) [2023] ZAKZPHC 73 (3 July 2023)
The High Court dismissed Nongoma Local Municipality’s review, upheld the MEC’s designation of a chair for a council meeting, and discharged the interim rule nisi.
Hollard Insurance Company Ltd v Keta and Others (JR 948/2021) [2023] ZALCJHB 157 (24 May 2023)
The court found that the arbitrator failed to conduct the required two-stage inquiry into constructive dismissal, conflating the existence of dismissal with its fairness. The arbitrator did not properly interrogate whether the dismissal was unfair, which constitutes a reviewable irregularity. Objectively, the evidence did not support a finding that the applicant made continued employment intolerable for the employee. The applicant addressed the employee's grievances, issued apologies, and did not force her to sign any affidavit. The investigations and internal reviews were reasonable and did…
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Douglas High School v Head of the Department of Education, Northern Cape and Others [2023] ZANCHC 5 (20 January 2023)
The High Court dismissed an application for condonation and leave to appeal, finding no reasonable prospects of success and confirming costs against the applicants.
Buchler v Minister of SAPS N.O. and Others (6310/2022) [2023] ZAFSHC 1 (5 January 2023)
The court found that the warrants issued against the applicant's business were invalid due to lack of sufficient information on oath, overbroad terms, and failure to comply with the intelligibility principle. The magistrate did not have adequate facts before her to establish objective jurisdictional facts or reasonable suspicion. The warrants failed to specify the relevant offences and assets with sufficient particularity, and some items listed had no connection to the alleged offences. The court held that the mandament van spolie remedy was available to the applicant, as the deprivation of p…
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Chauke and Others v Minister of Police and Others (15017/2017) [2022] ZAGPJHC 609 (29 August 2022)
The court held that the plaintiffs’ failure to serve statutory notice under the Act within six months, without condonation, barred the claim despite a pre-trial no-prejudice entry.
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