South Africa Case Law

Transport and Retail Allied Workers Union and Others v Grinding Media South Africa (Pty) Ltd (JR2481/2022)

Transport and Retail Allied Workers Union and Others v Grinding Media South Africa (Pty) Ltd (JR2481/2022) [2025] ZALCJHB 340 (8 August 2025)

Court

Labour Court Johannesburg

Case number

JR2481/2022

Judge

Anestidis

The court found that the applicants failed to establish both a subjective and objectively reasonable expectation of renewal of their fixed-term contracts. The contracts expressly stated their limited duration and excluded any expectation of renewal. The repeated extensions and delays did not, in themselves, create a legitimate expectation of indefinite renewal, especially given the short duration of the contracts and the clear communication regarding their temporary nature. The applicants' own evidence did not support a genuine or reasonable expectation of renewal. The arbitration award was c…

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• Fixed Term Contracts
• Legitimate Expectation
• Unfair Dismissal
• Review Of Arbitration Award

Her Cascades Supplies (Pty) Ltd ta Club Leo v Gauteng Provincial Liquor Board (2025/059406)

Her Cascades Supplies (Pty) Ltd ta Club Leo v Gauteng Provincial Liquor Board (2025/059406) [2025] ZAGPJHC 540 (30 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/059406

Judge

FMM Reid

The High Court struck an urgent review over a denied liquor licence from the roll, finding no urgency after nine months on temporary permits.

• Liquor Licensing
• Urgency
• Review Of Administrative Action
• Legitimate Expectation
• Liquor-licensing
• Urgent-applications

Nyakudya v O.R Tambo District Municipality (862/2024)

Nyakudya v O.R Tambo District Municipality (862/2024) [2025] ZAECMHC 40 (27 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

862/2024

Judge

Cengani-Mbakaza

The court found that the respondent terminated the applicant's employment contract without providing proper notice or following fair procedures, in contravention of the Basic Conditions of Employment Act and the Labour Relations Act. Although the applicant's work permit had expired, the respondent's failure to comply with statutory requirements regarding notice and procedure rendered the termination unlawful. The court held that being an illegal foreigner does not automatically entitle the employer to summarily terminate employment; fair procedures must be followed. However, reinstatement was…

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• Unfair Dismissal
• Termination Of Employment
• Immigration Status
• Legitimate Expectation
• Reinstatement
• Notice Of Termination

Maru and Others v MEC for Transport and Community Safety Eastern Cape and Others (272/2024)

Maru and Others v MEC for Transport and Community Safety Eastern Cape and Others (272/2024) [2025] ZAECBHC 9 (5 April 2025)

Court

Eastern Cape High Court, Bhisho

Case number

272/2024

Judge

Beyleveld

The High Court set aside an internal investigation report that made definitive misconduct findings without giving the applicants a meaningful chance to respond.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Legitimate Expectation
• Disciplinary Proceedings
• Internal Investigation
• Audi Alteram Partem

E.TV (Pty) Limited and Others v Minister of Communications and Digital Technologies and Others (2025/008928)

E.TV (Pty) Limited and Others v Minister of Communications and Digital Technologies and Others (2025/008928) [2025] ZAGPPHC 321 (27 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/008928

Judge

BAQWA

The Court found that the decision to set the analogue switch-off date for 31 March 2025 was taken by Cabinet, not the Minister, contrary to statutory and constitutional requirements. The Minister failed to consult stakeholders regarding the actual proposed date, as required by law and the Constitutional Court's precedent. The evidence showed that hundreds of thousands of households would be left without access to television, violating their rights to freedom of expression and equality. The Minister's justification for the limitation of rights was found to be irrational and retrogressive. The…

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• Analogue Switch Off
• Digital Migration
• Freedom Of Expression
• Consultation Requirements
• Legitimate Expectation
• Interim Interdict

Nthandomayenziwe v University of Limpopo and Others (7524/2023)

Nthandomayenziwe v University of Limpopo and Others (7524/2023) [2025] ZALMPPHC 55 (24 March 2025)

Court

Limpopo High Court, Polokwane

Case number

7524/2023

Judge

M Bresler

The court found that the university's decision to terminate the applicant's studies and refuse to confer the Master's degree was procedurally unfair and unlawful. The applicant was admitted, completed all requirements, and was informed of her graduation, creating a legitimate expectation. The university failed to provide her with an opportunity to be heard and did not properly process her internal appeal, violating her rights under PAJA and the Constitution. The university was functus officio after admitting the applicant and could not revisit its decision without judicial review. Although th…

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• Promotion Of Administrative Justice Act
• Procedural Fairness
• Functus Officio
• Substitution Of Administrative Decision
• Legitimate Expectation

City of Johannesburg Metropolitan Municipality v Community Protection Solutions NPC (2023/003435)

City of Johannesburg Metropolitan Municipality v Community Protection Solutions NPC (2023/003435) [2025] ZAGPJHC 283 (17 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/003435

Judge

Goedhart

The High Court granted leave for CPS to file a supplementary answering affidavit in a road-closure dispute, and ordered costs against CPS on scale C.

• Supplementary Affidavit
• Legitimate Expectation
• Estoppel
• Rule 6 5 E
• Access Restriction
• Costs Award

Mazingane and Others v Minister of Correctional Services and Others (2024/00411 ; 2024/00414 ; 2024/00353 ; 2024/00360 ; 037664/2022)

Mazingane and Others v Minister of Correctional Services and Others (2024/00411 ; 2024/00414 ; 2024/00353 ; 2024/00360 ; 037664/2022) [2024] ZAGPJHC 1092 (28 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/00411 ; 2024/00414 ; 2024/00353 ; 2024/00360 ; 037664/2022

Judge

WJ du Plessis

The court held that while offenders serving life sentences do not have a right to be released on parole, they do have a right to be considered for parole in a manner that is substantively and procedurally fair. The Minister's decision regarding parole is an administrative action subject to review under PAJA. Unreasonable delays in making such decisions are not permissible and may be reviewed and remedied by the court. The court found that in several instances, the relief sought by applicants was moot due to recent decisions or premature because the parole process was incomplete. However, the…

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• Parole Review
• Promotion Of Administrative Justice Act
• Unreasonable Delay
• Legitimate Expectation
• Life Imprisonment
• Constitutional Rights Of Prisoners

Masisi-Letele v University of Limpopo and Others (4047/2022)

Masisi-Letele v University of Limpopo and Others (4047/2022) [2024] ZALMPPHC 91 (27 September 2024)

Court

Limpopo High Court, Polokwane

Case number

4047/2022

Judge

Mashamba

The court found that the University of Limpopo, through its Senate, acted unlawfully and unreasonably in refusing to grant the applicant credits for LLB modules based on his B.Proc modules. The Senate failed to properly apply its own rules and relevant legislative policies, particularly as the 50% rule was not adopted or communicated to the applicant at the time of his application. The University created a legitimate expectation by advising the applicant that his B.Proc modules would be accredited and by accepting payment for the accreditation process. The Senate's decision was arbitrary, irr…

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• Promotion Of Administrative Justice Act
• Legitimate Expectation
• Credit Accumulation And Transfer
• University Academic Rules
• Review Of Administrative Action

Mkululi v University of South Africa and Another (090041/2023)

Mkululi v University of South Africa and Another (090041/2023) [2024] ZAGPPHC 596 (18 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

090041/2023

Judge

M P Motha

The court found that the applicant failed to establish a legitimate expectation as the University’s rules and tutorial letters were clear and unambiguous in stating that the Year Mark would be considered in the calculation of the final mark. The applicant did not seek clarification or assurance from the University regarding any change in practice and conceded that the alleged practice was not in place in 2019. The expectation was neither clear nor reasonable, and the applicant failed to comply with the requirements for graduating with distinction, specifically Rule 26.3.2, by failing a module…

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• Promotion Of Administrative Justice Act
• Legitimate Expectation
• Procedural Fairness
• University Rules
• Review Of Administrative Action