South Africa Case Law

Bissoon v Divine Life Society of South Africa and Others (AR361/2023)

Bissoon v Divine Life Society of South Africa and Others (AR361/2023) [2025] ZAKZPHC 36 (28 March 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR361/2023

Judges

Olsen, Mathenjwa, Zwane

The High Court dismissed an appeal against the refusal to review a voluntary association’s decisions, holding the review was brought too late and the delay could not be excused.

• Judicial Review Of Voluntary Association
• Unreasonable Delay
• Natural Justice
• Disciplinary Proceedings
• Constitution Of Voluntary Association
• Unreasonable-delay

Melaletsa v Regional Synod Free State and Lesotho of "Die Nederduitse Gereformeerde Kerk in Afrika - Oranje Vrystaat" and Others (6722/2023)

Melaletsa v Regional Synod Free State and Lesotho of "Die Nederduitse Gereformeerde Kerk in Afrika - Oranje Vrystaat" and Others (6722/2023) [2025] ZAFSHC 32 (7 February 2025)

Court

Free State High Court, Bloemfontein

Case number

6722/2023

Judges

Van Rhyn, Greyling-Coetzer

High Court review of a church disciplinary process succeeded: the Commission of Inquiry and the applicant’s release from service were set aside for procedural unfairness.

• Procedural Fairness
• Judicial Review
• Natural Justice
• Internal Remedies
• Church Governance
• Judicial-review

Khan v South African Police Service and Others (121530/2024)

Khan v South African Police Service and Others (121530/2024) [2024] ZALCJHB 488 (4 December 2024)

Court

Labour Court Johannesburg

Case number

121530/2024

Judge

L Vukeya

The Labour Court converted an urgent challenge to SAPS’s expeditious discipline into a formal disciplinary hearing under regulations 8 and 11.

• Expeditious Disciplinary Process
• Protected Disclosure
• Pre Dismissal Arbitration
• Collective Agreement
• Natural Justice
• Urgent Interdict

Golden v Quantum Foods Holdings Limited and Others (14827/2024)

Golden v Quantum Foods Holdings Limited and Others (14827/2024) [2024] ZAWCHC 364 (7 November 2024)

Court

Western Cape High Court, Cape Town

Case number

14827/2024

Judge

Davis AJ

The court held that clause 29.3.2.1 of the first respondent's Memorandum of Incorporation, which allowed for the removal of a director by majority of the board without notice, reasons, or an opportunity to make representations, is contrary to public policy and invalid. The Companies Act, particularly sections 71(3) and (4), requires procedural safeguards for the removal of directors, including notice and a reasonable opportunity to respond. The procedure adopted by the respondents breached principles of natural justice and failed to meet constitutional standards of fairness, reasonableness, a…

Source excerpt

• Removal Of Directors
• Memorandum Of Incorporation
• Public Policy
• Oppressive Conduct
• Natural Justice
• Companies Act Section 163

Stone River Management Association NPA v Mashoko and Others (A2023/035929)

Stone River Management Association NPA v Mashoko and Others (A2023/035929) [2024] ZAGPJHC 800 (23 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/035929

Judges

Windell, A P Den Hartog

The court found that clause 8 of the MOI is a distinct contractual penalty provision for late building completion, not subject to the procedural requirements of clause 10, which applies only to breaches of the Association's Rules as defined in clause 7 and the Rule Packs. The adjudicator erred in law by requiring written notice under clause 10 before imposing the penalty under clause 8. The respondent is contractually bound to the MOI, and the appellant was entitled to impose the penalty for late completion. The adjudicator also failed to consider the appellant's entitlement to interest under…

Source excerpt

• Community Schemes Ombud Service Act
• Building Penalty Clauses
• Contractual Interpretation
• Memorandum Of Incorporation
• Natural Justice
• Condonation

Ackerman v Mbombela Golf Club (5584/2023)

Ackerman v Mbombela Golf Club (5584/2023) [2024] ZAMPMBHC 50 (19 July 2024)

Court

Mbombela High Court, Mpumalanga

Case number

5584/2023

Judge

S Msibi

The High Court reviewed and set aside Mbombela Golf Club’s refusal to readmit a previously expelled member, finding the process unfair and contrary to the club constitution.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Natural Justice
• Domestic Tribunal Review
• Administrative-law
• Procedural-fairness

Khumalo v Safety and Security Sectoral Bargaining Council and Others (D638/22)

Khumalo v Safety and Security Sectoral Bargaining Council and Others (D638/22) [2024] ZALCD 19 (17 July 2024)

Court

Labour Court Durban

Case number

D638/22

Judge

T Govender

Review of a CCMA arbitration award granted after the commissioner wrongly treated a pre-arbitration minute as a stated case and refused to hear evidence.

• Review Of Arbitration Award
• Condonation
• Unfair Dismissal
• Natural Justice
• Stated Case Procedure
• Labour-law

Minister of Water and Sanitation v Public Protector of the Republic of South Africa and Another (A235/2022; 36050/2019)

Minister of Water and Sanitation v Public Protector of the Republic of South Africa and Another (A235/2022; 36050/2019) [2024] ZAGPPHC 612 (8 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

A235/2022; 36050/2019

Judges

Ntuli AJ, Millar J, Ceylon AJ

The High Court upheld the appeal, setting aside the Public Protector’s report for procedural unfairness and irrational findings against former Minister Nkwinti.

• Public Protector Act
• Executive Ethics Code
• Principle Of Legality
• Natural Justice
• Review Of Administrative Action
• Public-protector-act

Administrator of Moroka and Others v Kubheka and Another (A13/2020; A14/2020)

Administrator of Moroka and Others v Kubheka and Another (A13/2020; A14/2020) [2024] ZAMPMHC 26 (23 April 2024)

Court

Middelburg High Court, Mpumalanga

Case number

A13/2020; A14/2020

Judges

L J Bam, T V Ratshibvumo, MBG Langa

The High Court set aside a punitive costs and fee-forfeiture order made without hearing the affected legal practitioners, finding procedural unfairness.

• Punitive Costs Orders
• Right To Be Heard
• Natural Justice
• Disaster Management Regulations
• Punitive-costs-orders
• Right-to-be-heard

Working On Fire(Pty) Ltd v Mafisa and Others (JR2132/20)

Working On Fire(Pty) Ltd v Mafisa and Others (JR2132/20) [2024] ZALCJHB 104 (6 March 2024)

Court

Labour Court Johannesburg

Case number

JR2132/20

Judge

Buirski

The Labour Court dismissed a review of an arbitration award finding Mafisa’s dismissal procedurally and substantively unfair after an in absentia dismissal without evidence.

• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Natural Justice
• Nemo Judex In Propria Causa
• Arbitration Review