South Africa Case Law

Malunga and Another v Sanqela (A93/2024)

Malunga and Another v Sanqela (A93/2024) [2025] ZAWCHC 133; [2025] 3 All SA 173 (WCC) (24 March 2025)

Court

Western Cape High Court, Cape Town

Case number

A93/2024

Judges

Allie, Da Silva-Salie, Holderness

The court held that the agreement constituted an alienation of shares as envisaged by section 15(2)(c) of the Matrimonial Property Act, as the option to purchase shares had been exercised and the agreement was binding. The respondent, Ms Sanqela, or her attorney, failed to make reasonable enquiries regarding the marital regime and spousal consent, as required by section 15(9)(a). The failure to discharge this duty meant that the protection of deemed consent was not available. The agreement was not entered into in the ordinary course of business, and ministerial approval for transfer of fishin…

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• Shareholders Agreement
• Matrimonial Property Act
• Spousal Consent
• Option Contract
• Ministerial Approval
• Enforceability Of Contract

National Empowerment Fund v Cloverleaf Films (Pty) Ltd and Others (2014-40058)

National Empowerment Fund v Cloverleaf Films (Pty) Ltd and Others (2014-40058) [2024] ZAGPJHC 186 (28 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2014/40058

Judge

A D Stein

The High Court granted leave to amend the National Empowerment Fund’s particulars of claim, rejecting objections based on ministerial approval, waiver, prescription, and interest.

• Amendment Of Pleadings
• Ministerial Approval
• Waiver Of Conditions
• Prescription
• Unjustified Enrichment
• Amendment-of-pleadings

Mango Pilots Association and Others v Mango Airlines SOC Limited and Another (21/35958)

Mango Pilots Association and Others v Mango Airlines SOC Limited and Another (21/35958) [2021] ZAGPJHC 876 (7 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

21/35958

Judge

M M Antonie

The court held that Mango Airlines' board resolution to commence business rescue was valid and effective, as it was adopted before liquidation proceedings were initiated. The five business day period in section 129(3) of the Companies Act applies only to procedural requirements after filing, not to the time between adoption and filing. Ministerial approval under the PFMA was required before filing the resolution, and Mango complied with this requirement. The applicants' urgent application for business rescue was incompetent because a board resolution had already been adopted, and their remedy…

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• Business Rescue
• Companies Act Section 129
• Public Finance Management Act
• Procedural Nullity
• Affected Persons
• Ministerial Approval

Road Traffic Management Corporation v Waymark (Pty) Limited (CCT73/18)

Road Traffic Management Corporation v Waymark (Pty) Limited (CCT73/18) [2019] ZACC 12; 2019 (6) BCLR 749 (CC); 2019 (5) SA 29 (CC) (2 April 2019)

Court

Constitutional Court

Case number

CCT 73/18

Judges

Basson AJ, Cameron J, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, Mhlantla J, Petse AJ, Theron J

The Constitutional Court held that the service level agreement between RTMC and Waymark was a procurement contract entered into pursuant to a legitimate process and did not fall within the ambit of section 66 of the Public Finance Management Act. Section 66 is intended to regulate exceptional transactions, such as loans, guarantees, indemnities, or securities, that bind a public entity to future financial commitments, not ordinary procurement contracts—even if they span multiple years. The Court found that the general financial oversight and approval mechanisms for multi-year procurement cont…

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• Public Finance Management Act
• Ministerial Approval
• Procurement Contracts
• Statutory Interpretation
• Future Financial Commitments
• Judicial Review

Ditsong Museums of South Africa v Fundi Projects (Pty) Ltd and Others (76939/2013)

Ditsong Museums of South Africa v Fundi Projects (Pty) Ltd and Others (76939/2013) [2014] ZAGPPHC 914 (5 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

76939/2013

Judge

N Davis

The court postponed an eviction dispute for oral evidence, finding factual disputes over ownership, lease validity, and cancellation could not be resolved on affidavit.

• Rei Vindicatio
• Long Term Lease
• Ministerial Approval
• Onus Of Proof
• Motion Proceedings
• Cancellation Of Lease

Mogale Alloys (Pty) Ltd v Nuco Chrome Bophuthatswana (Pty) Ltd and Others (2008/13094)

Mogale Alloys (Pty) Ltd v Nuco Chrome Bophuthatswana (Pty) Ltd and Others (2008/13094) [2011] ZAGPJHC 12; 2011 (6) SA 96 (GSJ) (11 March 2011)

Court

South Gauteng High Court, Johannesburg

Case number

2008/13094

Judge

P Coppin

High Court held ministerial consent was required for the share sale, the suspensive conditions failed, and Mogale’s claims for specific performance and repayment were dismissed.

• Specific Performance
• Suspensive Conditions
• Ministerial Approval
• Preemptive Rights
• Share Transfer
• Fictional Fulfilment

Universal Homes v Reddy NO; Universal Homes v Housing Development Board (House of Delegates) (517/95)

Universal Homes v Reddy NO; Universal Homes v Housing Development Board (House of Delegates) (517/95) [1997] ZASCA 29 (26 March 1997)

Court

Supreme Court of Appeal

Case number

517/95

Judges

Hefer, Vivier, F H Grosskopf, Olivier, Streicher

The court held that ministerial approval under the Housing Development Act was required and absent, the Board’s approval was a nullity. The appeal was dismissed.

• Ministerial Approval
• Statutory Nullity
• Negligent Misrepresentation
• Housing Development Act
• Public Interest Control
• Estoppel

Diary Board v Annandale Diary Farms (Pty) Ltd. (153/88)

Diary Board v Annandale Diary Farms (Pty) Ltd. (153/88) [1988] ZASCA 153 (29 November 1988)

Court

Supreme Court of Appeal

Case number

153/88

Judges

Corbett, Hoexter, Botha, Grosskopf, Milne

The court held the Dairy Board lawfully withheld quality premiums because payment depended on Minister-approved standards, which the respondent’s milk did not meet.

• Ultra Vires
• Ministerial Approval
• Levies And Premiums
• Scheme Administration
• Administrative-law
• Ministerial-approval