South Africa Case Law

Malatji v Head of Prison Female Centre: Department of Correctional Services and Another (21/54146)

Malatji v Head of Prison Female Centre: Department of Correctional Services and Another (21/54146) [2024] ZAGPJHC 1181 (18 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

21/54146

Judge

D Mahon

The High Court dismissed an urgent application to compel parole consideration, finding the prisoner had not met the minimum detention period or parole procedures.

• Parole Eligibility
• Correctional Services Act
• Judicial Review
• Premature Application
• Parole-eligibility
• Correctional-services-act

Rustenburg Platinum Mines Bleskop Code of Body 3160 v National Commissioner of the South African Police Services Sithole N.O and Others (016405/2022)

Rustenburg Platinum Mines Bleskop Code of Body 3160 v National Commissioner of the South African Police Services Sithole N.O and Others (016405/2022) [2024] ZAGPPHC 811 (12 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

016405/2022

Judge

C Collis

The High Court upheld points in limine for prematurity and non-joinder in a firearms licence renewal review, and awarded costs to the respondents.

• Promotion Of Administrative Justice Act
• Firearms Control Act
• Internal Appeal Exhaustion
• Non Joinder
• Premature Application
• Administrative-law

Roy v S (CAB11/2022)

Roy v S (CAB11/2022) [2023] ZANWHC 76 (5 January 2023)

Court

North West High Court, Mafikeng

Case number

CAB11/2022

Judge

S Mfenyana

The court held that the application for bail pending appeal was premature because the appellant had not lodged a formal application for leave to appeal. The mere oral indication of intention to appeal and submission of a power of attorney did not satisfy the statutory requirements for noting an appeal. The court found no misdirection in the court a quo's refusal of bail, as prospects of success on appeal could not be properly assessed without a pending application for leave to appeal and the relevant trial record. The appellant's personal circumstances and speculative prejudice did not outwei…

Source excerpt

• Bail Pending Appeal
• Leave To Appeal
• Criminal Procedure Act
• Prospects Of Success
• Premature Application

Fidelity Security Services (Pty) Ltd and Others v National Commissioner of The South African Police Services and Others (2022-010177)

Fidelity Security Services (Pty) Ltd and Others v National Commissioner of The South African Police Services and Others (2022-010177) [2022] ZAGPPHC 842 (24 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

2022-010177

Judge

Swanepoel

The court dismissed a firearms-related administrative law application as premature and an abuse of process, and ordered the applicants to pay costs.

• Promotion Of Administrative Justice Act
• Firearms Control Act
• Abuse Of Process
• Premature Application
• Costs Award
• Administrative-law

Mabhena Land Claim Community v The Regional Land Claims Commissioner, Mpumalanga Province and Others (LCC40/2019)

Mabhena Land Claim Community v The Regional Land Claims Commissioner, Mpumalanga Province and Others (LCC40/2019) [2021] ZALCC 25 (6 October 2021)

Court

Land Claims Court

Case number

LCC40/2019

Judge

Barnes AJ

The Land Claims Court dismissed a land restitution review as premature because no final decision had yet been taken on the claim.

• Restitution Of Land Rights Act
• Land Claims Processing
• Review Of Administrative Action
• Premature Application
• Land-restitution
• Land-claims-processing

Mukhambi v MEC for Health, Eastern Cape Province and Another (1045/2019)

Mukhambi v MEC for Health, Eastern Cape Province and Another (1045/2019) [2019] ZAECMHC 36 (2 July 2019)

Court

Eastern Cape High Court, Mthatha

Case number

1045/2019

Judge

B Majiki

The High Court dismissed an administrative-law review as premature because the applicant launched proceedings before the 90-day PAJA period had expired.

• Promotion Of Administrative Justice Act
• Failure To Take Decision
• Request For Information
• Premature Application
• Administrative-law
• Paja

Changing Tides 17 (Pty) Ltd N.O. v Delport (44741/2014)

Changing Tides 17 (Pty) Ltd N.O. v Delport (44741/2014) [2016] ZAGPPHC 1051 (22 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

44741/2014

Judge

Molefe

The court found that the section 129 notice was delivered when the first notification was issued by the Post Office, and the respondent's referral to the ombudsman occurred after the statutory 10-day period had lapsed. Therefore, the application was not premature. The deponent to the founding affidavit was duly authorised by company resolution, and the respondent failed to challenge authority under Rule 7. The consent to judgment clause in the settlement agreement did not offend public policy or the National Credit Act, as it promoted fair and cost-effective debt collection. The respondent's…

Source excerpt

• National Credit Act
• Special Executability
• Authority Of Deponent
• Premature Application
• Settlement Agreement
• Costs On Attorney And Client Scale

Seku v MEC for the Separtment of Health, Eastern Cape and Another (3388/2014)

Seku v MEC for the Separtment of Health, Eastern Cape and Another (3388/2014) [2015] ZAECMHC 72 (13 October 2015)

Court

Eastern Cape High Court, Mthatha

Case number

3388/2014

Judge

I.T. Stretch

The High Court held that the PAIA application was not premature and ordered the respondents to pay wasted costs, but disallowed half of certain drafting costs.

• Promotion Of Access To Information Act
• Costs Award
• Premature Application
• Internal Appeal Procedure
• Promotion-of-access-to-information
• Costs-order

DDP Valuers (Pty) Ltd v Madibeng Local Municipality and Another (1066/2014)

DDP Valuers (Pty) Ltd v Madibeng Local Municipality and Another (1066/2014) [2015] ZAGPPHC 25 (4 February 2015)

Court

North Gauteng High Court, Pretoria

Case number

1066/2014

Judge

E M Makgoba

The court held that section 7(2) of PAJA is peremptory and requires an applicant to exhaust available internal remedies before instituting judicial review proceedings, unless exceptional circumstances exist and exemption is granted by the court. The applicant initiated the internal objection process but abandoned it and failed to apply for exemption or demonstrate exceptional circumstances. The court found that the internal remedies provided under the Preferential Procurement Regulations were applicable and effective, and the applicant's reliance on regulation 50(7) and the Reed case was misp…

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• Promotion Of Administrative Justice Act
• Exhaustion Of Internal Remedies
• Preferential Procurement Regulations
• Judicial Review
• Premature Application

Lessing v Serengeti Golf and Wildlife Property Owners Association (31487/2012)

Lessing v Serengeti Golf and Wildlife Property Owners Association (31487/2012) [2014] ZAGPPHC 792 (17 September 2014)

Court

North Gauteng High Court, Pretoria

Case number

31487/2012

Judge

C Pretorius

The court found that the applicant had not made formal requests for the documents prior to launching the application. The respondent provided all requested documents after receiving the summons, and there was no evidence of prior requests as required by statute. The application was therefore premature, and the relief sought was moot since the respondent had already complied. The court dismissed the application with costs, concluding that no live controversy remained for adjudication.

Source excerpt

• Access To Information
• Companies Act
• Members Rights
• Premature Application