South Africa Case Law

Vinpro NPC v President of the Republic of South Africa and Others (1741/2021)

Vinpro NPC v President of the Republic of South Africa and Others (1741/2021) [2021] ZAWCHC 261 (3 December 2021)

Court

Western Cape High Court, Cape Town

Case number

1741/2021

Judges

Dolamo, Wille, Slingers

The court refused the applicant's amendment application, finding no adequate explanation for the delay and holding that granting the amendment would prejudice the respondents by requiring them to answer a fresh challenge to regulations that no longer existed. The application was found to be moot, as the impugned regulations had been repealed and no live controversy remained. The High Court, as a court of first instance, does not have discretion to hear moot matters. On the constitutional challenge, the court held that the Disaster Management Act and the impugned regulations fell within the co…

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• Disaster Management Act
• Provincial Competence
• Mootness
• Liquor Regulation
• Cooperative Government
• Constitutional Interpretation

South African Breweries (Pty) Ltd v Minister of Corporative Governance and Traditional Affairs and Another (10996/2021)

South African Breweries (Pty) Ltd v Minister of Corporative Governance and Traditional Affairs and Another (10996/2021) [2021] ZAWCHC 135; [2021] 4 All SA 189 (WCC) (22 July 2021)

Court

Western Cape High Court, Cape Town

Case number

10996/2021

Judge

Henney

The court held that the Minister's regulation-making powers under section 27(2)(i) of the Disaster Management Act constitute administrative action and are subject to review under PAJA. Regulation 29, which suspends the sale, dispensing and distribution of liquor, was found not to operate indefinitely, as all regulations under the DMA are limited to the duration of the declared state of disaster. The court rejected the applicant's argument that the regulation was ultra vires or inconsistent with the Liquor Act or provincial legislation, finding that the DMA was enacted to fill a legislative vo…

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• Disaster Management Act
• Regulation Making Powers
• Ultra Vires
• Procedural Fairness
• Bill Of Rights Limitation
• Liquor Regulation

Phillips and Another v Director of Public Prosecutions and Others (CCT20/02)

Phillips and Another v Director of Public Prosecutions and Others (CCT20/02) [2003] ZACC 1; 2003 (3) SA 345 (CC); 2003 (4) BCLR 357 (CC); 2003 (1) SACR 425 (CC) (11 March 2003)

Court

Constitutional Court

Case number

CCT20/02

Judges

Yacoob, Chaskalson, Langa, Goldstone, Kriegler, Mokgoro, Ngcobo, O'Regan, Sachs, Madala

The Constitutional Court held that section 160(d) of the Liquor Act unconstitutionally limited freedom of expression because it was overbroad and captured theatrical performances.

• Freedom Of Expression
• Limitation Of Rights
• Liquor Regulation
• Vagueness
• Rule Of Law
• Freedom-of-expression