South Africa Case Law

Norkie v Public Protector and Another (18870/22)

Norkie v Public Protector and Another (18870/22) [2024] ZAWCHC 36 (13 February 2024)

Court

Western Cape High Court, Cape Town

Case number

18870/22

Judge

Cockrell

The court found that the applicant had locus standi to seek review of the Public Protector's report, as the complaint was lodged by him and his interests were directly affected. The Western Cape High Court had jurisdiction because the applicant resides and experienced the adverse effect of the decision within its area. The review was to be determined under the principle of legality, not PAJA, as per binding precedent. The applicant, as a layperson, did not plead specific review grounds, but the court considered the record and found no evidence that the Public Protector misdirected herself or…

Source excerpt

• Principle Of Legality Review
• Jurisdiction Of High Court
• Locus Standi
• Exhaustion Of Internal Remedies
• Reasonable Apprehension Of Bias
• Biowatch Costs Rule

Electoral Commission of South Africa and Another v Speaker of the uMhlathuze Local Council and Others (10/2022 EC)

Electoral Commission of South Africa and Another v Speaker of the uMhlathuze Local Council and Others (10/2022 EC) [2022] ZAEC 11; [2023] 1 All SA 386 (Elect Ct) (1 December 2022)

Court

Electoral Court

Case number

10/2022 EC

Judges

Zondi JA, Shongwe AJ, Modiba J, Professor Ntlama-Makhanya, Professor Phooko

The Electoral Court found that the delay in bringing the review application was unreasonable but, in the interests of justice and legal certainty, condoned the delay. The Court interpreted item 20 of Schedule 2 to the Local Government: Municipal Structures Act to mean that only seats proportionally allocated according to votes cast should be filled, and any remaining seats should remain unallocated if not supported by sufficient votes. The allocation of the three additional seats to the eighth, ninth, and tenth respondents was unlawful, unconstitutional, and invalid. The Court set aside their…

Source excerpt

• Principle Of Legality Review
• Delay And Condonation
• Non Joinder
• Local Government Structures Act
• Allocation Of Council Seats
• Just And Equitable Remedy

South African Broadcasting Corporation SOC Limited and Another v South African Broadcasting Corporation Pension Fund and Another (2017/29163)

South African Broadcasting Corporation SOC Limited and Another v South African Broadcasting Corporation Pension Fund and Another (2017/29163) [2021] ZAGPJHC 822 (15 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2017/29163

Judge

J.L. Khan

The High Court set aside the SABC’s success-fee decision for George Motsoeneng, ordered repayment with interest, and allowed recovery from pension proceeds if unpaid.

• Principle Of Legality Review
• Ultra Vires Decision
• Fiduciary Duties
• Pension Fund Deductions
• Unjust Enrichment
• Public Sector Governance