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South Africa decisions
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Mothokwa Trading Enterprice v MEC for Education Limpopo Province and Others (13927/2024) [2025] ZALMPPHC 145 (31 July 2025)
The High Court granted an interim interdict stopping implementation of a Limpopo education furniture contract pending review of the procurement decisions.
V.K and Another v Minister of Home Affairs and Others (21886/2023) [2025] ZAWCHC 219 (26 May 2025)
The High Court held that a section 11(5) declaratory order confirming paternity is enough to register a father's particulars on a child's birth certificate, without DNA proof.
Taxpayer Y (Pty) Ltd v Commissioner for the South African Revenue Service (VAT 22425) [2024] ZATC 13 (6 August 2024)
The Tax Court granted SARS condonation for late expert summaries and discovery, set aside Taxpayer Y’s rule 30 notices, and postponed the VAT appeal.
Harrismith Intabazwe Tsiame Residents Association (Pty) Ltd ("HIT") and Others v Maluti-A-Phofung Local Municipality and Another (1751/2024) [2024] ZAFSHC 160 (21 May 2024)
High Court restored electricity to a business premises under the mandament van spolie, but ordered the applicants to pay costs because of their non-payment and lack of candour.
Educor Holdings (Pty) Ltd and Others v Director-General of Higher Education and Another (043233/2024) [2024] ZAGPPHC 556 (20 May 2024)
The court found that the applicants failed to demonstrate urgency as required by Rule 6(12). The cancellation decision was taken on 31 July 2023, and the applicants did not challenge it timeously or at all. The subsequent removal from the register on 17 March 2024 was a procedural step perfecting the earlier decision and did not have independent practical effect. The applicants did not provide reasons why substantial redress could not be afforded in the ordinary course, and the alleged harm to learners was not substantiated, as they were given time until the end of the academic year. The cour…
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Princeton Protection Services (Pty) Ltd v Western Cape Provincial Government and Others (5464/24; 5477/24; 5586/24; 5616/24 and 5618/24) [2024] ZAWCHC 120; [2024] 3 All SA 301 (WCC) (2 May 2024)
The court found that none of the applicants established a prima facie right warranting interim protection pending review. The rights asserted—public interest, right to make a living, rights of employees, and various constitutional rights—were not the rights to be vindicated in the review proceedings, which are limited to just administrative action under section 33 and PAJA. The outcome of the review would have no bearing on the asserted rights, and the applicants' contracts had expired, leaving no extant rights to protect. The application for condonation by the eighth respondent was refused d…
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Zen JV v Department of Transport: Province of the Eastern Cape and Others (4495/2023) [2023] ZAECMKHC 140 (28 December 2023)
The court found that Zen JV had established urgency, as the risk of the Department proceeding with the tender award and contract formalisation would render any subsequent review ineffective. The applicant demonstrated a prima facie right to relief, as the Department's stated reason for disqualifying its bid was not supported by the evidence, which showed that its Construction Health and Safety Officer met the experience requirement. The court held that irreparable harm would result if interim relief was not granted, as the works could be completed before the review is heard, leaving Zen JV wi…
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Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (CCT 51/23) [2023] ZACC 45; 2024 (4) BCLR 592 (CC); 2024 (3) SA 330 (CC) (12 December 2023)
The Constitutional Court held that subsections 22(12) and 22(13) of the Refugees Act are unconstitutional. These provisions automatically deem asylum applications abandoned if visas are not renewed within one month, regardless of merit, and preclude re-application, resulting in treatment as illegal foreigners subject to deportation. The process disregards the principle of non-refoulement, which protects asylum seekers from return to countries where they may face persecution, and is enshrined in international law and the Refugees Act. The impugned subsections infringe the rights to dignity, ju…
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Harding v Minister of Home Affairs and Others (14733/2023) [2023] ZAWCHC 267 (30 October 2023)
The court found that the applicant had met the financial requirements for permanent residence under section 27(e) of the Immigration Act, both at the time of his initial application and subsequently, as evidenced by his property ownership, rental income, and irrevocable pension exceeding the prescribed minimum. The Department of Home Affairs failed to provide adequate reasons for its inability to verify the applicant's pension and assets, did not clarify the verification process, and ignored requests for explanation. The respondents conceded that the decision should be reviewed and set aside…
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Melane v Deputy Registrar: Governance & Legal Services of Fort Hare University and (264/2022) [2023] ZAECBHC 19 (8 August 2023)
The court found that the issues at hand related to the applicant's right to education under section 29 of the Constitution and the principle of legality or just administrative action. The founding affidavit relied on sections 29 and 33 of the Constitution, and the interim relief sought was to prevent ongoing infringement of these rights. The matter was therefore properly located in a constitutional setting and qualified as a genuine constitutional challenge. The court considered whether any exceptions to the Biowatch rule applied, such as frivolous or vexatious litigation or improper conduct.…
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