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South Africa Case Law

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Administrative Law [2025] ZALMPPHC 145

Mothokwa Trading Enterprice v MEC for Education Limpopo Province and Others (13927/2024)

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.

  • Public Procurement
  • Interim Interdict
  • Legality Principle
  • Treasury Regulations
  • Just Administrative Action
  • Public-procurement
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Administrative Law [2025] ZALMPPHC 139

BBKS High School v Department of Education - Limpopo and Others (1471/2025)

BBKS High School v Department of Education - Limpopo and Others (1471/2025) [2025] ZALMPPHC 139 (14 July 2025)

The court found that the Department of Education's refusal to register BBKS High School as an examination centre was irrational and unlawful. The Department relied on a procedure requiring prior Umalusi accreditation, which is not mandated by any statute, regulation, or official policy. The evidence showed that the school met all minimum requirements for registration, as confirmed by the Department's own feasibility study. Umalusi itself required the examination centre number to finalise accreditation, creating a procedural deadlock that was not supported by law. The Department's conduct unju…

  • Irrationality Of Administrative Action
  • Right To Basic Education
  • Examination Centre Registration
  • Umaluisi Accreditation
  • Legality Principle
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Labour Law [2024] ZALCCT 72

South African Police Service v Solidarity obo Gibbons and Others (C626/2021)

South African Police Service v Solidarity obo Gibbons and Others (C626/2021) [2024] ZALCCT 72; (2025) 46 ILJ 985 (LC) (3 September 2024)

The Labour Court reviewed and set aside an award finding SAPS committed an unfair labour practice in a promotion dispute involving “uninterrupted service.”

  • Unfair Labour Practice
  • Promotion Dispute
  • Collective Agreement Interpretation
  • Condonation Of Late Filing
  • Legality Principle
  • Unfair-labour-practice
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Constitutional Law [2024] ZAEC 3

African National Congress v Electoral Commission of South Africa and Others (001/2024EC)

African National Congress v Electoral Commission of South Africa and Others (001/2024EC) [2024] ZAEC 3 (26 March 2024)

The Electoral Court found that the ANC failed to provide a reasonable explanation for its delay in bringing the application and was non-suited by operation of law, having failed to object to MK's registration during the statutory objection periods. The Court held that it lacked jurisdiction to review the DCEO's decision, as the ANC did not challenge the correct decision under the Electoral Commission Act. On the merits, the Court interpreted section 15(1) of the Act to allow supplementation of an application for registration of a political party, provided the application in the prescribed man…

  • Registration Of Political Parties
  • Judicial Review
  • Legality Principle
  • Electoral Dispute Resolution
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Labour Law [2023] ZALCD 19

Cibane and Another v Premier of the Province of Kwazulu-Natal and Another (D 518/2021)

Cibane and Another v Premier of the Province of Kwazulu-Natal and Another (D 518/2021) [2023] ZALCD 19; (2024) 45 ILJ 533 (LC) (17 November 2023)

Labour Court refused to quash misconduct charges against senior public officials, holding that delay and alleged waiver did not justify stopping the disciplinary process.

  • Disciplinary Proceedings
  • Waiver Of Rights
  • Unreasonable Delay
  • Public Service Misconduct
  • Legality Principle
  • Labour-law
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Administrative Law [2023] ZAGPJHC 1134

Kweyama and Others v Special Investigating Unit and Others (2483/2020)

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.

  • Promotion Of Administrative Justice Act
  • Ultra Vires
  • Fiduciary Duties
  • Remedial Action
  • Audi Alteram Partem
  • Legality Principle
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Administrative Law [2022] ZAGPPHC 778

Nelson Mandela Bay Business Chambers NPC and Another v National Energy Regulator and Others (63393/2021)

Nelson Mandela Bay Business Chambers NPC and Another v National Energy Regulator and Others (63393/2021) [2022] ZAGPPHC 778 (20 October 2022)

The court found that NERSA's Guideline and Benchmarking Method for approving municipal electricity tariffs is unlawful and invalid as it fails to comply with the tariff principles set out in section 15(1) of the Electricity Regulation Act. The Method does not ensure that tariffs are cost-reflective for individual municipalities, nor does it enable efficient licensees to recover the full cost of their licensed activities, including a reasonable margin or return. Instead, the Method relies on averages and generic norms, resulting in tariffs that may be higher than the actual costs incurred by m…

  • Electricity Regulation Act
  • Tariff Setting
  • Cost Reflective Tariffs
  • Public Interest Review
  • Legality Principle
  • Municipal Services Pricing
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Administrative Law [2022] ZAWCHC 48

QLC Holdings (Pty) Ltd t/a Quantum Leap Consulting v Western Cape Government : Department of the Premier (19636/2021)

QLC Holdings (Pty) Ltd t/a Quantum Leap Consulting v Western Cape Government : Department of the Premier (19636/2021) [2022] ZAWCHC 48 (1 April 2022)

The High Court set aside the termination of three government IT contracts, holding that the cited clauses and regulations did not permit cancellation for prior alleged misconduct.

  • Public Procurement
  • Contract Termination
  • Fraudulent Non Disclosure
  • Legality Principle
  • Interpretation Of Contracts
  • Public-procurement
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Administrative Law [2022] ZANCHC 22

Lekwene and Another v Public Protector of South Africa and Others (1303/2021)

Lekwene and Another v Public Protector of South Africa and Others (1303/2021) [2022] ZANCHC 22 (7 March 2022)

The court found that the Public Protector acted outside her powers by broadening the scope of her investigation beyond the original complaint and failed to conduct a full, unbiased and proper investigation. The Public Protector did not consider relevant evidence, including the context of the secondment and appointment of Mr Mothibi, and failed to engage with key stakeholders. The remedial action ordered was not authorised in law, as the Premier does not have disciplinary powers over an MEC, and the Public Protector did not afford the applicants a fair hearing regarding the contemplated remedi…

  • Public Protector Act
  • Executive Ethics Code
  • Remedial Action
  • Audi Alteram Partem
  • Legality Principle
  • Judicial Review
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Administrative Law [2022] ZAECGHC 7

Algoa Bus Company (Pty) Ltd v Nelson Mandela Bay Metropolitan Municipality and Others (2202/2019)

Algoa Bus Company (Pty) Ltd v Nelson Mandela Bay Metropolitan Municipality and Others (2202/2019) [2022] ZAECGHC 7 (15 February 2022)

The High Court dismissed Algoa Bus Company’s PAJA review after finding it unreasonably delayed challenging a municipal bus contract and had no basis for damages.

  • Promotion Of Administrative Justice Act
  • Condonation Of Delay
  • Legality Principle
  • Municipal Procurement
  • Review Of Administrative Action
  • Paja-condonation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.