South Africa Case Law

Mahumadi v Minister of Home Affair and Others (017967/22; 056910/22)

Mahumadi v Minister of Home Affair and Others (017967/22; 056910/22) [2024] ZAGPJHC 58 (25 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

017967/22; 056910/22

Judge

K J Mogale

The court found that the respondents' failure to provide written reasons for the rejection of the applicants' asylum applications and to inform them of their right to appeal constituted a fundamental procedural irregularity and a breach of administrative justice. The applicants are entitled to the renewal and extension of their section 22 asylum seeker permits until the final determination of their applications, including exhaustion of internal remedies and judicial review. The respondents' decisions were reviewed and set aside, and the matters were remitted for reconsideration in compliance…

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• Promotion Of Administrative Justice Act
• Refugees Act
• Non Refoulement
• Procedural Fairness
• Default Judgment
• Permit Renewal

Monageng Family Mining Services (Pty) Ltd v Ramokoka and Others (UM76/2019)

Monageng Family Mining Services (Pty) Ltd v Ramokoka and Others (UM76/2019) [2020] ZANWHC 21 (27 February 2020)

Court

North West High Court, Mafikeng

Case number

UM76/2019

Judge

R D Hendricks

The court found that the applicant's mining permits (29/2010, 30/2010, and 31/2010) had expired by effluxion of time and that any purported renewals were invalid. The granting of three adjacent permits to cover a total area of 4.5 hectares was a circumvention of the statutory limit of 1.5 hectares under the applicable law. The applicant therefore lacked a clear right to the mining operations and was not entitled to interdictory relief. The counter-applications by the 15th and 24th respondents succeeded, with the permits declared unlawful and set aside. The counter-application by the 27th to 3…

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• Mining Permits
• Prospecting Rights
• Interdictory Relief
• Permit Renewal
• Judicial Overreach
• Locus Standi

Mogabudima Transport Services CC and Others v Gauteng Provincial Regulatory Entity and Others (23846/2014)

Mogabudima Transport Services CC and Others v Gauteng Provincial Regulatory Entity and Others (23846/2014) [2016] ZAGPPHC 62 (28 January 2016)

Court

North Gauteng High Court, Pretoria

Case number

23846/2014

Judge

Mali

The High Court dismissed an application to rescind or invalidate a transport-related verdict, after the applicants failed to appear and prove their case.

• Rescision Of Administrative Decision
• Membership Reinstatement
• Permit Renewal
• Costs Award
• Administrative-law
• Civil-procedure