South Africa Case Law

Public Servants Association of South Africa and Another v Minister of Labour and Another (J1511/15)

Public Servants Association of South Africa and Another v Minister of Labour and Another (J1511/15) [2015] ZALCJHB 340; (2016) 37 ILJ 185 (LC); [2016] 1 BLLR 68 (LC) (5 October 2015)

Court

Labour Court Johannesburg

Case number

J1511/15

Judge

Myburgh

The court found that the Minister's decision to revoke the Registrar's designation constituted administrative action under PAJA, given the statutory nature of the office and its public impact. Alternatively, the decision was subject to legality review as an exercise of public power. The Minister failed to consider materially relevant facts, specifically the ministerial submission explaining the Registrar's actions, rendering the decision unreasonable, irrational, and procedurally unfair. The reference to section 208A was an administrative error and did not invalidate the decision, as the Mini…

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• Promotion Of Administrative Justice Act
• Legality Review
• Powers Of Minister
• Functus Officio
• Procedural Fairness
• Unreasonableness

Mbana and Others v Minister For Higher Education and Training and Others (3359/2014)

Mbana and Others v Minister For Higher Education and Training and Others (3359/2014) [2015] ZAECPEHC 27 (16 April 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3359/2014

Judge

J M Roberson

The court found that the decision to appoint Deloitte & Touche Ltd to conduct an investigation into the affairs of Eastcape Midlands College constituted administrative action under PAJA, as it had the capacity to affect the rights of the applicants, including their employment status and reputation. The respondents failed to identify any empowering provision authorising the Director-General or Minister to appoint such an investigation outside the mechanism provided by section 46(1) of the CET Act. Reliance on Treasury Regulation 8.4.1 and the PFMA was misplaced, as these did not apply to publi…

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• Promotion Of Administrative Justice Act
• Unlawful Administrative Action
• Jurisdiction Of High Court
• Standing Under Constitution
• Powers Of Minister
• Forensic Investigation

Helen Suzman Foundation v Minister of Police and Others (1054/2015)

Helen Suzman Foundation v Minister of Police and Others (1054/2015) [2015] ZAGPPHC 47 (6 February 2015)

Court

North Gauteng High Court, Pretoria

Case number

1054/2015

Judge

Prinsloo

The court found that the applicant had standing, as previously accepted in related Constitutional Court judgments. The Minister's power to suspend the National Head of the DPCI was removed by the Constitutional Court's 2014 judgment, and the subsequent suspension and appointment were unlawful and invalid. The setting aside of these decisions operates retrospectively, and no further equitable remedy was required as none was sought or substantiated. The application for leave to appeal failed as there was no reasonable prospect of success and no compelling reason to grant leave, especially since…

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• Suspension Of Public Official
• Declaratory Relief
• Execution Pending Appeal
• Powers Of Minister
• Constitutional Invalidity
• Standing Locus Standi

Hlubi and Others v Universal Services and Access Agency of South Africa (USAASA) and Others (J 2951/2011)

Hlubi and Others v Universal Services and Access Agency of South Africa (USAASA) and Others (J 2951/2011) [2012] ZALCJHB 21 (24 February 2012)

Court

Labour Court Johannesburg

Case number

J 2951/2011

Judge

AC Basson

The Labour Court held that the Minister could appoint interim Executive Caretakers for USAASA and dismissed employees’ challenge to their suspension and disciplinary proceedings.

• Executive Caretaker Appointment
• Disciplinary Proceedings
• Public Entity Governance
• Suspension Of Employees
• Powers Of Minister
• Accounting Authority Pfma

Durban (Ningizuma) Community Council and Another v Minister of Co- Operation and Development (484/83)

Durban (Ningizuma) Community Council and Another v Minister of Co- Operation and Development (484/83) [1985] ZASCA 36 (24 May 1985)

Court

Supreme Court of Appeal

Case number

484/83

Judges

Miller, Trengove, Cillié, Van Heerden, Nicholas

The court held that authority to “administer” the letting of dwellings did not include fixing rentals or service charges; the appeal was dismissed.

• Powers Of Minister
• Community Councils Act
• Regulation Of Rentals
• Statutory Interpretation
• Statutory-interpretation
• Administrative-law