South Africa Case Law

Buzza Props 3 (Pty) Ltd and Another v Dekker Brothers (Pty) Ltd and Others (2025/092716)

Buzza Props 3 (Pty) Ltd and Another v Dekker Brothers (Pty) Ltd and Others (2025/092716) [2025] ZAKZPHC 65 (4 July 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2025/092716

Judge

PC Bezuidenhout

The court held that the Supreme Court of Appeal in Gensigner and Neave CC & Others v Minister of Mineral Resources and Energy and 3 others 2025 (4) SA 84 (SCA) is directly applicable. The common law principle that an appeal suspends the operation of the administrative decision applies to appeals under section 12A of the Petroleum Products Act. The Act does not exclude this principle. Therefore, the retail and site licences granted to the respondents by the Controller are suspended pending the Minister's decision on appeal. The urgency was not self-created, as the applicants acted once respond…

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• Petroleum Products Act
• Licensing Suspension On Appeal
• Interim Interdict
• Site And Retail Licence
• Urgency In Application

Pine Glow Investments (Pty) Ltd v Minister of Energy and Others (1264/2023)

Pine Glow Investments (Pty) Ltd v Minister of Energy and Others (1264/2023) [2025] ZASCA 75; [2025] 3 All SA 314 (SCA) (2 June 2025)

Court

Supreme Court of Appeal

Case number

1264/2023

Judges

Zondi DP, Mocumie JA, Mokgohloa JA, Koen JA, Molitsoane AJA

The Supreme Court of Appeal held that the Minister could lawfully remit fuel licence applications for re-evaluation and that the review was premature for failure to exhaust internal remedies.

• Petroleum Products Act
• Internal Remedies
• Administrative Action
• Exhaustion Of Remedies
• Functus Officio
• Procedural Fairness

Fuels Industry Association of South Africa v Minister of Mineral and Petroleum Resources and Others (2024/130293)

Fuels Industry Association of South Africa v Minister of Mineral and Petroleum Resources and Others (2024/130293) [2025] ZAGPJHC 323 (21 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/130293

Judge

Fisher

The Minister's decisions to implement interim amendments to the Regulatory Accounting System and ring-fence the Entrepreneurial Compensation for retailers were taken in direct contravention of the High Court order in Fuel Retailers Association v Minister of Energy, which required maintenance of the status quo pending a comprehensive expert review and stakeholder consultation. The Minister failed to undertake the ordered review and instead imposed a new interim regime without consultation or expert input, undermining the rule of law and judicial authority. The court found that section 172(1)(b…

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• Suspension Of Administrative Action
• Section 172 Remedy
• Petroleum Products Act
• Retail Margin Regulation
• Rule Of Law
• Urgent Interdict

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…

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• Contempt Of Court
• Interim Interdict
• Superior Courts Act Section 18
• Petroleum Products Act
• Ministerial Appeal
• Attorney And Client Costs

Fuel Retailers' Association and Another v Minister of Mineral Resources and Energy and Others (2024-123240)

Fuel Retailers' Association and Another v Minister of Mineral Resources and Energy and Others (2024-123240) [2024] ZAGPPHC 1267 (6 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-123240

Judge

S. Potterill

The court found that the Controller's decision to issue site and retail licences to Sulnisa and Mayfield while an appeal was pending was unlawful, as such issuance is suspended pending the outcome of the appeal in terms of the SCA's decision in Gensinger. The applicants demonstrated urgency, as the harm caused by unlawful trading could not be remedied at a later stage. The Fuel Retailers’ Association had standing to litigate on behalf of its members, who were directly affected by the Controller's conduct. The North Gauteng High Court had jurisdiction because the relevant organs of state are l…

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• Review Of Administrative Action
• Interdict
• Petroleum Products Act
• Locus Standi
• Urgency
• Jurisdiction

Gensinger and Neave CC & Others v Minister of Mineral Resources and Energy

Gensinger and Neave CC & Others v Minister of Mineral Resources and Energy [2024] ZASCA 49; 2025 (4) SA 84 (SCA) (15 April 2024)

Court

Supreme Court of Appeal

Case number

223/2023

Judges

Mokgohloa, Mbatha, Weiner, Coppin, Bloem

The Supreme Court of Appeal held that holders of site and retail licences in the same area as newly approved licences are 'directly affected' by the Controller's decision under section 12A(1) of the Petroleum Products Act. The appellants demonstrated, through evidence including expert reports and prior ministerial decisions, that the granting of additional licences would negatively impact their commercial interests and employment at their outlets. The Court found that the right to appeal is not limited to unsuccessful applicants but extends to any person directly affected. Furthermore, the Co…

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• Petroleum Products Act
• Licensing Of Petroleum Sites
• Administrative Appeals
• Suspension Of Administrative Decisions
• Standing To Appeal

Trustees for the time being of Agapi Trust and Another v Minister, Mineral Resources and Energy and Others (B430/2024)

Trustees for the time being of Agapi Trust and Another v Minister, Mineral Resources and Energy and Others (B430/2024) [2024] ZAGPPHC 250 (11 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

B430/2024

Judge

Mooki

The court granted an urgent interim interdict stopping issue of petrol station licences pending review, finding the applicants showed unlawful competition and irreparable harm.

• Petroleum Products Act
• Site And Retail Licensing
• Interim Interdict
• Review Of Administrative Action
• Balance Of Convenience
• Interim-interdict

Emo Energy (Pty) Ltd v Minister of Mineral Resources and Energy and Others (2023-123792)

Emo Energy (Pty) Ltd v Minister of Mineral Resources and Energy and Others (2023-123792) [2023] ZAGPPHC 2041 (15 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-123792

Judge

Khwinana

The High Court dismissed an urgent application to stop cancellation of a petroleum wholesale licence, finding the matter was really a review and not an interdict.

• Judicial Review
• Interdicts
• Procedural Fairness
• Petroleum Products Act
• Licence Cancellation
• Judicial-review

Engen Petroleum Limited v DAV Distribution t/a Willowcrest Convenience Centre (39469/20)

Engen Petroleum Limited v DAV Distribution t/a Willowcrest Convenience Centre (39469/20) [2023] ZAGPJHC 1391 (29 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

39469/20

Judge

Noko

The court found that the stay order granted on 2 November 2020 was expressly limited to the final determination of the arbitration proceedings before Adv Goldbe SC. The respondent's reliance on Auction Alliance was misplaced, as the facts and wording of the order in that case were distinguishable. The respondent did not bring a fresh application for a stay pending review, and a review application does not automatically suspend eviction proceedings. The applicant established its title to the property and proved termination of the lease agreement, while the respondent failed to demonstrate any…

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• Eviction
• Lease Termination
• Arbitration Stay
• Repudiation
• Damages Claim
• Petroleum Products Act

Pine Glow Investments (Pty) Ltd t/a Caltex Mpumalanga North Marketer v Controller of Petroleum Products and Others (5551/2022)

Pine Glow Investments (Pty) Ltd t/a Caltex Mpumalanga North Marketer v Controller of Petroleum Products and Others (5551/2022) [2023] ZAMPMBHC 53 (9 October 2023)

Court

Mbombela High Court, Mpumalanga

Case number

5551/2022

Judge

Mashile

The High Court allowed Pine Glow to amend its motion to seek declaratory relief that petroleum licenses had lapsed, finding no bad faith and limited prejudice.

• Petroleum Products Act
• Site And Retail Licensing
• Regulation 24 Compliance
• Environmental Authorisation
• Declaratory Relief
• Amendment Of Pleadings