Ekurhuleni Water Care Company v Maziya General Services CC (2023/090528) [2025] ZAGPJHC 339 (3 April 2025)
Court
South Gauteng High Court, Johannesburg
Case number
2023/090528
Judge
L Putter
The High Court dismissed Erwat’s self-review over contractual extensions, finding no reviewable public power and refusing condonation for the late application.
Special Investigating Unit v Kwasa Food Suppliers (Pty) Limited and Others (EC 02/2024) [2025] ZAST 3 (12 February 2025)
Court
Special Tribunal
Case number
EC02/2024
Judge
M Victor
The Tribunal found that the SIU's delay in launching the review application was not willful but resulted from unique circumstances during the State of National Disaster, including resource constraints and procedural delays. Applying the interests of justice test, condonation for the late filing was granted. On the merits, the Tribunal held that the Proclamation and Schedule, when interpreted harmoniously, cover the SRD programme, even though the tender was initiated before the National Disaster period but awarded during it. However, the Tribunal determined that the SIU failed to challenge and…
Keswa and Another v Office of Premier and Others (D320/23) [2025] ZALCD 5 (10 February 2025)
Court
Labour Court Durban
Case number
D320/23
Judge
Whitcher
The court found that no binding decision was made by the first respondent to upgrade the applicants' posts from level 9 to 12, as the necessary approvals were not obtained and the job evaluation process was incomplete. The applicants' reliance on submissions and recommendations did not amount to a final decision. The court further held that the bargaining council does have jurisdiction over the applicants' unfair labour practice dispute concerning the provision of benefits, as grading disputes are encompassed within such claims under the LRA. The arbitrator's ruling denying jurisdiction was t…
!Kheis Municipality v Mareka (3180/2022) [2025] ZAFSHC 38 (6 February 2025)
Court
Free State High Court, Bloemfontein
Case number
3180/2022
Judges
Mhlambi, Jordaan
The court found that it had jurisdiction to hear the matter as the respondent resides within its area and the cause of action relates to his employment. The applicant did not unreasonably delay in bringing the review application, as the delay was satisfactorily explained by the change in municipal management and subsequent discovery of the irregular appointment. The appointment of the respondent was unlawful because the post did not exist on the approved staff establishment and was not approved by council, as required by the Local Government: Municipal Systems Act and its regulations. The Mun…
Maluti-A-Phofung Local Municipality v Kill Crime Security Service (Pty) Ltd and Others (2237/2023) [2025] ZAFSHC 24 (30 January 2025)
Court
Free State High Court, Bloemfontein
Case number
2237/2023
Judge
Mhlambi
The court found that the service level agreements and acknowledgment of debt were concluded in violation of section 217 of the Constitution and relevant procurement legislation, as they were not subjected to a competitive bidding process. The municipal manager was unauthorized and conflicted in concluding the acknowledgment of debt. The agreements are constitutionally invalid. The default judgment was granted in the applicant's absence due to deliberate failure to defend, orchestrated by conflicted officials. The application before the court is a legality review, not a PAJA review. In terms o…
Member of the Executive Council of the Department of Co-Operative Governance, Human Settlements and Traditional Affairs, Free State Province v Scenic Route Trading 802 CC and the 105 Further Respondents Listed in Annexure 1 of the Applicants Notice of Motion (A241/2016) [2025] ZAFSHC 15 (24 January 2025)
Court
Free State High Court, Bloemfontein
Case number
A241/2016
Judges
Molitsoane, Majosi
The High Court declared unlawful and set aside Free State Human Settlements agreements and payments to Cembrick, despite a 14-year delay in launching review proceedings.
Blue Chip Flight School (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality (2022/26839) [2025] ZAGPPHC 32; [2025] 2 All SA 91 (GP) (20 January 2025)
Court
North Gauteng High Court, Pretoria
Case number
2022/26839
Judge
LE Grange
The High Court dismissed a Rule 30A/53 application to compel further source documents, finding the requested material was not part of the record considered in adopting the MTREF.
Petersen and Others v SASSA (1106/2023; 1139/2023; 1053/2023) [2024] ZASCA 173; 2025 (3) SA 153 (SCA) (12 December 2024)
Court
Supreme Court of Appeal
Case number
1106/2023; 1139/2023; 1053/2023
Judges
Makgoka, Mbatha, Weiner, Kgoele, Unterhalter
The Supreme Court of Appeal held that SASSA's decision to procure and pay for close protection services for officials of the Department of Social Development and their children was ultra vires the SASSA Act and therefore unlawful. The delay in bringing the review was explained by the sequence of events following the Auditor General's findings and subsequent attempts to recover the expenditure, and was condoned as the interests of justice required the matter to be heard. The claim for repayment was not extinguished by prescription, as the relief sought was a public law remedy and not a debt un…