South Africa Case Law

Nkosi v MEC of Department of Helath Limpopo Province and Another (J1677/23)

Nkosi v MEC of Department of Helath Limpopo Province and Another (J1677/23) [2025] ZALCJHB 334 (29 July 2025)

Court

Labour Court Johannesburg

Case number

J1677/23

Judge

Mafa-Chali

The court found that the applicant failed to demonstrate a clear right to the salary claimed, as he did not provide evidence of rendering services during the relevant periods and was absent without leave according to attendance registers. The deductions and withholding of salary were made in accordance with departmental circulars and statutory provisions governing unpaid leave and absence. The applicant did not exhaust internal remedies, such as lodging a grievance regarding salary deductions, and alternative remedies under the Labour Relations Act and Basic Conditions of Employment Act were…

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• Mandamus
• Declaratory Order
• Salary Withholding
• Unpaid Leave
• Disciplinary Procedure
• Audi Alteram Partem

Northbound Processing (Pty) Ltd v South African Diamond and Precious Metals Regulator and Others (2025/072038)

Northbound Processing (Pty) Ltd v South African Diamond and Precious Metals Regulator and Others (2025/072038) [2025] ZAGPJHC 661 (30 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/072038

Judge

DJ Smit

The court ordered release of a refining licence to Northbound, found a prima facie right to interim relief, struck a counter-application for lack of urgency, and referred false citations to the LPC.

• Mandamus
• Precious Metals Act
• Sale Of Business
• Interim Interdict
• Shareholder Approval
• Oudkraal Doctrine

Mnisi and Another v Registrar of Deeds Pretoria and Others (LCC49/2011B)

Mnisi and Another v Registrar of Deeds Pretoria and Others (LCC49/2011B) [2025] ZALCC 25 (17 June 2025)

Court

Land Claims Court

Case number

LCC49/2011B

Judge

WJ du Plessis

The Land Claims Court granted interim relief to protect labour tenant claimants, ordering a caveat, limited grazing access, and prompt finalisation of their claim.

• Labour Tenant Claims
• Interim Interdict
• Mandamus
• Land Rights Enquiry
• Constitutional Tenure Rights
• Labour-tenant-claims

Shoprite Supermarkets (Pty) Ltd v Eastern Cape Liquor Board and Others (EL599/2024)

Shoprite Supermarkets (Pty) Ltd v Eastern Cape Liquor Board and Others (EL599/2024) [2025] ZAECELLC 15 (5 June 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

EL599/2024

Judge

Hartle

The court held that section 22(2)(d)(i) of the Eastern Cape Liquor Act requires an applicant for transfer of a registration certificate to provide proof of service of notice on the ward committee, but does not impose a duty on the applicant to procure the ward committee's report. The statutory obligation to consult with the community and submit a report rests solely on the ward committee. The Board's refusal of Massmart's application on the basis that the applicant failed to action or cause the ward committee's report was a misinterpretation of the Act and unlawful. Shoprite was not required…

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• Judicial Review
• Interpretation Of Statutes
• Liquor Licensing
• Mandamus
• Community Consultation
• Exhaustion Of Internal Remedies

Airports Company South Africa SOE Limited and Another v Aviation CO-Ordination Services (Pty) Limited and Another (119918/2023)

Airports Company South Africa SOE Limited and Another v Aviation CO-Ordination Services (Pty) Limited and Another (119918/2023) [2025] ZAGPJHC 447 (2 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

119918/2023

Judges

Twala, Dlamini, Mfenyana

The High Court dismissed an urgent appeal because the challenged orders were interim, so section 18(4) of the Superior Courts Act was not engaged.

• Interim Interdict
• Leave To Appeal
• Superior Courts Act Section 18
• Jurisdiction
• Public Procurement
• Mandamus

Sunset Ridge Homeowners Association v Van Deventer N.O and Others (Leave to Appeal) (35234/2022)

Sunset Ridge Homeowners Association v Van Deventer N.O and Others (Leave to Appeal) (35234/2022) [2025] ZAGPPHC 400 (14 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

35234/2022

Judge

K Mogale

The High Court granted leave to appeal in a dispute over municipal enforcement, nuisance remediation, and town-planning compliance at the Jobica property.

• Municipal Town Planning
• Nuisance
• Remediation Orders
• Leave To Appeal
• Mandamus
• Health And Safety Compliance

Ligege and Others v Premier of the Province of Limpopo and Others (8541/2021)

Ligege and Others v Premier of the Province of Limpopo and Others (8541/2021) [2025] ZALMPPHC 62 (25 March 2025)

Court

Limpopo High Court, Polokwane

Case number

8541/2021

Judge

Pillay KL

The High Court postponed a review about the recognition of a senior traditional leader, holding that rescission of a prior order must be pursued in the proper forum.

• Promotion Of Administrative Justice Act
• Rescission Of Judgment
• Traditional Leadership Disputes
• Rule 42 Uniform Rules
• Mandamus
• Composition Of Royal Family

Zitha v Minister of Justice and Correctional Services and Others (2024-009755)

Zitha v Minister of Justice and Correctional Services and Others (2024-009755) [2025] ZAGPPHC 255 (17 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-009755

Judge

E van der Schyff

The court held that the applicant did not follow the correct legal process to challenge the administrative decision, as he sought a mandamus instead of instituting review proceedings. The requirements for a final interdict, including the absence of an alternative remedy, were not met because review proceedings remained available to the applicant, subject to condonation for any delay. The court emphasized the principle of separation of powers and the lack of sufficient information regarding the applicable policies and criteria for remission. Consequently, the application was dismissed, but the…

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• Mandamus
• Remission Of Sentence
• Judicial Review
• Final Interdict
• Condonation

Lentsoane v Mokoena N.O and Others (2024/012066)

Lentsoane v Mokoena N.O and Others (2024/012066) [2025] ZAGPJHC 251 (7 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/012066

Judge

A J D'Oliveira

The High Court ordered an executrix to process a creditor’s claim and lodge the estate account after repeated non-response, and awarded attorney-and-client costs.

• Administration Of Estates Act
• Mandamus
• Executor Duties
• Costs De Bonis Propriis
• Administration-of-estates-act
• Executor-duties

Willow Acres Homeowners Association NPC v City of Tshwane Metropolitan Municipality and Others (53875/13)

Willow Acres Homeowners Association NPC v City of Tshwane Metropolitan Municipality and Others (53875/13) [2025] ZAGPPHC 225 (7 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

53875/13

Judge

E van der Schyff

The High Court granted a mandamus compelling Tshwane to pursue a demolition application to finality, and awarded Willow Acres costs on scale B.

• Mandamus
• Enforcement Of Statutory Duties
• Illegal Building
• Business Rescue Proceedings
• Costs Award
• Municipal-enforcement