South Africa Case Law

Ratau and Others v Premier Limpopo Province and Others (12970/2022)

Ratau and Others v Premier Limpopo Province and Others (12970/2022) [2025] ZALMPPHC 130 (30 June 2025)

Court

Limpopo High Court, Polokwane

Case number

12970/2022

Judge

Bresler

The Court found that the Applicants failed to properly identify a cause of action under PAJA, as they did not specify which provisions of the Act were relied upon and did not establish that the Premier had a duty or power to self-review its decision upon receipt of new facts. The principle of legality was held not to apply, as PAJA governs the review of administrative action in this context. The delay of approximately seven years in instituting review proceedings was found to be unreasonable and fatal to the application, with no sufficient explanation provided. In the absence of any prospect…

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• Promotion Of Administrative Justice Act
• Delay In Review
• Principle Of Legality
• Traditional Leadership Recognition

Waterfall Country Estate (Pty) Ltd and Others v City of Johannesburg and Others (2023/8060881)

Waterfall Country Estate (Pty) Ltd and Others v City of Johannesburg and Others (2023/8060881) [2025] ZAGPJHC 437 (9 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/8060881

Judge

S D J Wilson

The High Court held that Johannesburg’s water-bylaw penalties for unauthorised meters were unlawful because section 111 did not authorise them on these facts.

• Municipal Bylaws
• Ultra Vires
• Principle Of Legality
• Compliance Notices
• Penalties
• Review Of Administrative Action

Moinwe v Joe Morolong Local Municipality and Others (2025/032401)

Moinwe v Joe Morolong Local Municipality and Others (2025/032401) [2025] ZALCJHB 180 (9 May 2025)

Court

Labour Court Johannesburg

Case number

2025/032401

Judge

Mabaso

The Labour Court set aside a municipal council’s rescission of an appointment and re-advertisement decision, finding irrationality and improper MEC interference.

• Principle Of Legality
• Municipal Appointments
• Irrationality Review
• Systems Act Compliance
• Competency Assessment
• Standing Rules

Manana v King Sabata Dalindyebo Local Municipality (PA01/2024)

Manana v King Sabata Dalindyebo Local Municipality (PA01/2024) [2025] ZALAC 27; (2025) 46 ILJ 1899 (LAC) (7 May 2025)

Court

Labour Appeal Court

Case number

PA 01/2024

Judges

Van Niekerk, Nkutha-Nkontwana, Mooki

The appeal was dismissed because the principle of ostensible authority cannot override statutory requirements for delegation of authority in organs of state. Section 59 of the Municipal Systems Act requires written delegation and council approval for sub-delegation of authority to settle disputes. Mr Nodo lacked such authority, and his unilateral actions could not bind the Municipality. The invocation of ostensible authority or estoppel is untenable where the legality principle is implicated, as courts cannot sanction illegality. The Labour Court correctly found that the Municipality was not…

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• Enforcement Of Settlement Agreement
• Ostensible Authority
• Delegation Of Powers
• Principle Of Legality
• Municipal Systems Act
• Costs In Labour Matters

S v Ephraim and Others (SS70/2021)

S v Ephraim and Others (SS70/2021) [2025] ZAGPJHC 410 (14 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

SS70/2021

Judge

D Dosio

The court finds that crimes against humanity, including apartheid-era murders, are not subject to statutory limitation under South African law. Section 232 of the Constitution incorporates customary international law, which recognises such crimes as imprescriptible and prosecutable regardless of when committed. The principle of legality is not violated, as these crimes were recognised under international law at the time of commission. The ICC Act does not preclude prosecution for acts committed before its enactment, as section 232 provides an independent legal basis. Alleged political interfe…

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• Customary International Law
• Crime Against Humanity
• Apartheid
• Statute Of Limitations
• Principle Of Legality
• Section 232 Constitution

Ekapa Minerals (Pty) Ltd and Another v Sol Plaatje Local Municipality and Others (CCT 119/23)

Ekapa Minerals (Pty) Ltd and Another v Sol Plaatje Local Municipality and Others (CCT 119/23) [2025] ZACC 1; 2025 (5) BCLR 505 (CC) (24 March 2025)

Court

Constitutional Court

Case number

CCT 119/23

Judges

Zondo, Maya, Bilchitz, Gamble, Madlanga, Mathopo, Mhlantla, Tshiqi

The Constitutional Court found that the High Court erred by limiting the retrospective effect of its order of invalidity to prospective operation only, thereby failing to properly balance the interests of the applicants and the municipality. The High Court focused solely on the municipality's fiscal interests and did not consider the substantial prejudice to Ekapa, which had paid rates at a lower ratio and faced unlawful charges. The evidence did not support the municipality's claims of disruptive financial consequences, and the delay in challenging the rates was not as extensive as the High…

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• Municipal Property Rates Act
• Principle Of Legality
• Just And Equitable Relief
• Unlawful Differentiation
• Retrospective Orders
• Local Government Finance

Pilane and Others v Premier of the North West Province and Others (M539/2019 ; UM239/2022)

Pilane and Others v Premier of the North West Province and Others (M539/2019 ; UM239/2022) [2025] ZANWHC 52 (12 March 2025)

Court

North West High Court, Mafikeng

Case number

M539/2019 ; UM239/2022

Judge

A Reddy

The court found that the Commission of Inquiry failed to quorate and did not provide a complete record of its proceedings, undermining the reliability and lawfulness of its findings and recommendations. The Premier, in accepting and approving the Commission's recommendations, failed to provide adequate reasons for his administrative decisions, violating the requirements of PAJA and the constitutional principle of legality. The Premier's statutory powers are limited to recognition of traditional leaders designated by the Royal Family, not designation, and the process followed excluded affected…

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• Promotion Of Administrative Justice Act
• Traditional Leadership Recognition
• Customary Law Review
• Quorum Of Commissions
• Failure To Provide Reasons
• Principle Of Legality

Bojosinyane v Ditsobotla Local Municipality and Others (2025/013682)

Bojosinyane v Ditsobotla Local Municipality and Others (2025/013682) [2025] ZALCJHB 87; (2025) 46 ILJ 1350 (LC) (28 February 2025)

Court

Labour Court Johannesburg

Case number

2025/013682

Judge

M Makhura

The Labour Court found that the Municipality's unilateral termination of the applicant's contract amounted to unlawful self-help and was void ab initio. The Municipality was not entitled to disregard the contract based on its own belief of invalidity; only a court of law can set aside such an appointment. The principle of legality and the rule of law require that public officials follow proper judicial processes rather than resorting to self-help. The applicant's contract of employment remains valid and in force, and he is entitled to resume his duties as municipal manager. The Labour Court h…

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• Unlawful Termination
• Self Help
• Municipal Manager Appointment
• Specific Performance
• Principle Of Legality

Zeal Health Innovations (Pty) Ltd v Minister of Defence and Military Veterans and Another (967/2023)

Zeal Health Innovations (Pty) Ltd v Minister of Defence and Military Veterans and Another (967/2023) [2024] ZASCA 183 (27 December 2024)

Court

Supreme Court of Appeal

Case number

967/2023

Judges

Zondi, Makgoka, Mabindla-Boqwana, Weiner, Bloem

The Supreme Court of Appeal found that the Acting Director-General unlawfully committed the Department to a contract price that exceeded the appropriated budget, in breach of s 38(2) of the PFMA and the principle of legality. The award of the tender and the contract were declared constitutionally invalid. However, Zeal Health was found to be an innocent party that had rendered services in good faith. The Court held that, while the contract was invalid, Zeal Health retained the right to pursue payment for services rendered as a just and equitable remedy under s 172(1)(b) of the Constitution. T…

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• Public Procurement
• Constitutional Invalidity
• Just And Equitable Remedy
• Specific Performance
• Principle Of Legality
• Budgetary Compliance

Democratic Alliance and Another v Council of Theewaterskloof Local Municipality and Others (19623/2024)

Democratic Alliance and Another v Council of Theewaterskloof Local Municipality and Others (19623/2024) [2024] ZAWCHC 371 (15 November 2024)

Court

Western Cape High Court, Cape Town

Case number

19623/2024

Judge

Lekhuleni

The High Court set aside Theewaterskloof Municipality’s removal of Lincoln De Bruyn as executive mayor and the election of Theunis Zimmerman, citing unlawful procedure and inadequate notice.

• Municipal Structures Act
• Principle Of Legality
• Procedural Fairness
• Motion Of No Confidence
• Waiver Of Rights
• Punitive Costs