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South Africa decisions
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Madyibi and Another v Minister of Water and Sanitation and Others (939/2020) [2024] ZAECMKHC 126 (19 November 2024)
The High Court dismissed a review challenging the termination of Amatola Water Board memberships, finding the appointments had not complied with statutory nomination requirements.
Khari Investments (Pty) Ltd v Mopani District Municipality (5424/2018) [2024] ZALMPPHC 86 (12 August 2024)
The High Court held that an oral municipal services agreement was unenforceable because section 116 of the MFMA requires such contracts to be in writing.
Kweyama and Others v Special Investigating Unit and Others (2483/2020) [2023] ZAGPJHC 1134 (10 October 2023)
The High Court held that the SIU’s report on SABC procurement was not reviewable administrative action because it was only a non-final recommendation.
Robertson v National Commissioner of the South African Police Service and Others (47373/2019) [2021] ZAGPPHC 477 (29 July 2021)
The court dismissed Robertson’s main review as premature, but granted the state’s counter-review and set aside unlawful firearm-licensing decisions.
Umgeni’s tariff increase was rational because it was connected to legitimate objectives of abolishing a cross-subsidy and recovering costs, and section 31 of the Water Services Act empowered Umgeni to set tariffs. The Minister, however, had no statutory power under the Water Services Act or section 42 of the Local Government Finance Management Act to approve the tariff increase, so her approval was unlawful and had to be set aside.
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Leoko and Another v North West University and Others (UM196/2020) [2020] ZANWHC 56 (12 October 2020)
The court held that NWU unlawfully amended SRC-related provisions without following the prescribed process, but dismissed the first applicant for lack of standing.
Retail Motor Organisation and Another v Minister of Water and Environmental Affairs and Another (51148/2012) [2012] ZAGPPHC 273 (12 November 2012)
High Court granted an interim interdict halting implementation of the Redisa waste tyre plan pending review, finding a material version was not properly published for comment.
The Court held that section 2(2) of the Act was lawfully invoked because the request for the original documents and authenticity statements was made during an investigation, the fact that copies were already held did not remove the request from the scope of 'information', and the fact that the earlier prosecution had been struck from the roll meant the proceedings were no longer pending. The Court further held that the issuing of the letter of request did not infringe Mr Zuma's dignity, fair trial rights, or access to courts because any challenge to admissibility and fairness could be raised…
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Section 22C(1)(a) validly permits licensing on prescribed conditions because the Director-General’s discretion is constrained by the Medicines Act, its objectives, and the regulatory framework. Requiring dispensing licences to be tied to premises is rationally connected to the legitimate purpose of ensuring safe medicines and does not impermissibly limit the choice of profession. However, sub-regulation 18(5)(a), (c), (d) and (e) are invalid because, properly construed, they implement a policy of denying licences where pharmacies are nearby, a policy not authorized by the Medicines Act and no…
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