Kakamas Water Users Association v Minister of Water and Sanitation (1691/2022) [2023] ZANCHC 69 (27 October 2023)
Court
Northern Cape High Court, Kimberley
Case number
1691/2022
Judges
Mamosebo, Olivier
The High Court reviewed and set aside a ministerial directive against the Kakamas Water Users Association, finding procedural unfairness, irrationality, and unfair reliance on incorrect information.
Muller v Public Investment Corporation (soc) Limited (PIC) (JR 3021/19) [2022] ZALCJHB 82; [2022] 5 BLLR 458 (LC) (18 February 2022)
Court
Labour Court Johannesburg
Case number
JR 3021/19
Judge
G N Moshoana
The commissioner committed a gross irregularity by dismissing the applicant’s claim on the basis of non-joinder, which was neither pleaded nor appropriate in the circumstances. The Minister of Finance acted ultra vires in revising and deferring the payment of incentives, as his powers were limited to approval or disapproval, not revision or deferment. The PIC’s failure to pay the short-term and long-term incentives, despite the applicant meeting the performance criteria and the PIC recommending payment, constituted an unfair labour practice under section 186(2)(a) of the LRA. The Labour Court…
Harmony Gold Mining Company Ltd v Regional Director:Free State Department of Water Affairs and Others (971/12) [2013] ZASCA 206; [2014] 1 All SA 553 (SCA); 2014 (3) SA 149 (SCA) (4 December 2013)
Court
Supreme Court of Appeal
Case number
971/12
Judges
Navsa, Brand, Shongwe, Zondi, Meyer
The Supreme Court of Appeal held that the Minister's powers under section 19(3) of the National Water Act are not limited to the period during which the recipient is a landholder. The directive remains valid and enforceable even after the recipient ceases to own, control, occupy, or use the land. The court found no basis in the wording of section 19(3) or in the broader statutory context to support Harmony's restrictive interpretation. The directive's interim nature and reference to future agreement provided sufficient limitation, and the absence of a specific completion date did not render i…
Harmony Gold Mining Company Ltd v Regional Director: Free State Department of Water Affairs and Others (68161/2008) [2012] ZAGPPHC 127 (29 June 2012)
Court
North Gauteng High Court, Pretoria
Case number
68161/2008
Judge
TM Makgoka
The court held that a directive issued under section 19(3) of the National Water Act remains valid against a person until the obligations imposed by the directive are fulfilled, even if that person ceases to be a landholder. The rationale is to prevent landholders from escaping environmental obligations by severing ties with the land, which would undermine the purpose of the Act and the principles of environmental protection enshrined in NEMA and the Constitution. The court rejected the applicant's restrictive interpretation, finding no basis in the statutory language or legislative intent fo…
Minister of Justice v Firstrand Bank Ltd. and Others (534/2002) [2003] ZASCA 93; [2004] 1 All SA 268 (SCA); 2003 (6) SA 636 (SCA) (25 September 2003)
Court
Supreme Court of Appeal
Case number
534/2002
Judges
CT Howie, Scott, Zulman, Brand, Cloete
Section 371(3) of the Companies Act 61 of 1973 does not apply to the appointment of provisional liquidators. The statutory context and nomination procedures set out in the Act make it clear that the Minister's powers under section 371(3) are limited to appointments of final liquidators following a formal nomination process. The Act distinguishes between provisional and final liquidators, with the former appointed by the Master prior to any nominations. The Minister's directive to appoint Mr Motala as a provisional liquidator was therefore ultra vires and invalid, as it did not comply with the…
