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South Africa Case Law

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Administrative Law [2025] ZAWCHC 3

Ottery Service Station (Pty) Ltd t/a SASOL Ottery and Another v Cold Stone Trading and Investments (Pty) Ltd t/a Shell Ottery and Others (22689/2024)

Ottery Service Station (Pty) Ltd t/a SASOL Ottery and Another v Cold Stone Trading and Investments (Pty) Ltd t/a Shell Ottery and Others (22689/2024) [2025] ZAWCHC 3 (13 January 2025)

Court
Western Cape High Court, Cape Town
Case number
22689/2024
Judge
Lekhuleni

The court found that the order granted on 2 December 2024 was interim in nature, pending the determination of an internal appeal to the Minister under section 12A of the Petroleum Products Act. The order did not dispose of all issues between the parties and was open to alteration, thus falling squarely within section 18(2) of the Superior Courts Act. Consequently, the filing of applications for leave to appeal did not suspend the operation of the interim interdict. The respondents, having knowledge of the order and continuing to trade in petroleum products, acted in wilful contempt. Reliance…

Source excerpt

  • Contempt Of Court
  • Interim Interdict
  • Superior Courts Act Section 18
  • Petroleum Products Act
  • Ministerial Appeal
  • Attorney And Client Costs
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Administrative Law [2014] ZAGPPHC 257

Business Zone 1010 CC t/a Emmarentia Convenience Centre v Controller of Petroleum Products and Others (7282/2013)

Business Zone 1010 CC t/a Emmarentia Convenience Centre v Controller of Petroleum Products and Others (7282/2013) [2014] ZAGPPHC 257; [2014] 3 All SA 94 (GP) (9 May 2014)

Court
North Gauteng High Court, Pretoria
Case number
7282/2013
Judge
Prinsloo

The court held that the decisions of the Controller and Minister refusing to refer the applicant's dispute to arbitration under section 12B of the Petroleum Products Act were final administrative actions reviewable under PAJA. The Controller erred in law by making findings on the validity of the contract and refusing the referral based on pending litigation, matters outside his statutory powers. The threshold for referral to arbitration under section 12B is low, requiring only an allegation of unfair or unreasonable contractual practice, and does not require an undisputed contract. The court…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Petroleum Products Act
  • Unfair Contractual Practices
  • Arbitration Referral
  • Ministerial Appeal
  • Judicial Review
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Administrative Law [2014] ZAGPPHC 85

Anglogold Ashanti Ltd v Merafong City Local Municipality and Others (23558/2011)

Anglogold Ashanti Ltd v Merafong City Local Municipality and Others (23558/2011) [2014] ZAGPPHC 85 (26 February 2014)

Court
North Gauteng High Court, Pretoria
Case number
23558/2011
Judge
EM Kubushi

The court held that the municipality's powers to impose surcharges on water supplied for industrial and domestic use are subject to national legislation, specifically the Water Services Act and the Constitution. The Minister's ruling under section 8(9) of the Water Services Act, which prohibits surcharges on industrial water and requires negotiation of reasonable tariffs for domestic water, is binding on the municipality unless set aside by a competent court. AngloGold's application for approval under sections 6 and 7 of the Water Services Act was properly conceived, as the municipality had n…

Source excerpt

  • Water Services Act
  • Municipal Tariffs
  • Ministerial Appeal
  • Surcharge On Services
  • Constitutional Powers Of Municipalities
  • Judicial Review
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.