Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
3 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Land And Property [2013] ZAKZDHC 1

Mtunzini Conservancy v Tronox KZN Sands (Pty) Ltd and Another (10629/2012)

Mtunzini Conservancy v Tronox KZN Sands (Pty) Ltd and Another (10629/2012) [2013] ZAKZDHC 1; 2013 (4) BCLR 467 (KZD); [2013] 2 All SA 69 (KZD) (8 January 2013)

Court
Kwazulu-Natal High Court, Durban
Case number
10629/2012
Judge
Vahed

The Court held that when the first respondent commenced mining activities in 2002, only authorisation under the Minerals Act was required, and provincial planning approval under the Town Planning Ordinance was not necessary. The Minerals Act provided a comprehensive regulatory framework for mining, including environmental and land use controls, and provincial ordinances could not override national mining legislation. The 2008 amendment to the Town Planning Ordinance and the subsequent KwaZulu-Natal Planning and Development Act introduced planning approval requirements for mining, but these we…

Source excerpt

  • Mining Authorisation
  • Planning Permission
  • Old Order Legislation
  • Provincial Vs National Competence
  • Environmental Management Programme
  • Interdict
Read case analysis
Administrative Law [2010] ZASCA 57

Madzhadzhi and Others v President of the Republic of South Africa and Others (160/09)

Madzhadzhi and Others v President of the Republic of South Africa and Others (160/09) [2010] ZASCA 57; [2010] 4 All SA 1 (SCA) ; 2010 (12) BCLR 1309 (SCA) (1 April 2010)

Court
Supreme Court of Appeal
Case number
160/09
Judges
Mpati, Cloete, Cachalia, Malan, Tshiqi

The Supreme Court of Appeal held that section 5(2) of the Remuneration of Public Office Bearers Act does not prohibit traditional leaders from receiving a salary as headmen if they are also employed as public servants. The term 'public office' in section 5(2) refers only to elected officials and traditional leaders, not public service employees. The provincial government was not entitled to invoke section 5(2) to terminate the salaries of headmen who were also public servants. However, the application for declaratory relief was refused because granting such an order would not undo the consequ…

Source excerpt

  • Remuneration Of Traditional Leaders
  • Declaratory Relief
  • Unfair Discrimination
  • Provincial Vs National Competence
  • Promotion Of Administrative Justice Act
  • Salary Determination
Read case analysis
Constitutional Law [2004] ZACC 6

Mashavha v President of the Republic of South Africa and Others (CCT 67/03)

Mashavha v President of the Republic of South Africa and Others (CCT 67/03) [2004] ZACC 6; 2005 (2) SA 476 (CC); 2004 (12) BCLR 1243 (CC) (6 September 2004)

Court
Constitutional Court
Case number
CCT 67/03
Judges
Van der Westhuizen, Chaskalson, Langa, Madala, Mokgoro, Moseneke, O'Regan, Sachs, Skweyiya, Yacoob

The Court held that the Social Assistance Act 59 of 1992 is a law dealing with matters referred to in section 126(3) of the interim Constitution, specifically those requiring uniform norms and standards and minimum standards for public services. The Act cannot be effectively regulated by provincial legislation due to South Africa's history of inequality and the constitutional imperative of equality and dignity. The assignment of the Act's administration to provinces by presidential proclamation was therefore invalid. The Court confirmed the High Court's order of invalidity, but for different…

Source excerpt

  • Assignment Of Executive Authority
  • Social Assistance
  • Provincial Vs National Competence
  • Suspension Of Invalidity
  • Transitional Arrangements
  • Uniformity Of Public Services
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.