Ndumo v Minister of Arts and Culture N.O (CA 81/2020) [2022] ZAECGHC 22 (10 March 2022)
Court
Eastern Cape High Court, Grahamstown
Case number
CA 81/2020
Judges
E Revelas, M Jolwana, L Rusi
The High Court dismissed an appeal against a review challenge to the renaming of Grahamstown to Makhanda, finding the consultation process and ministerial decision were not reviewably flawed.
Adams and Others v Minister of Mineral Resources and Energy and Others (1306/22) [2022] ZAWCHC 24 (1 March 2022)
Court
Western Cape High Court, Cape Town
Case number
1306/22
Judge
Thulare
The court found that Searcher failed to consult meaningfully with small scale fishers, indigenous communities, and other affected parties as required by section 74(4)(a) of the MPRDA. The consultation process was inadequate, excluding key stakeholders and failing to use accessible communication channels. The commencement of the seismic survey without an environmental authorization contravened section 5A of the MPRDA and section 24F(1)(a) of NEMA. The applicants established a prima facie right to protection of their livelihoods, food security, and cultural rights, and demonstrated a well-groun…
NAD Property Income Fund (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality and Others (89393/2018) [2020] ZAGPPHC 702 (7 December 2020)
Court
North Gauteng High Court, Pretoria
Case number
89393/2018
Judge
Ngalwana
The High Court dismissed a billboard review as moot because a final interdict already prevented implementation, leaving no live controversy.
City of Ekurhuleni Metropolitan Municipality v Sikhosana and Others (15245/2020) [2020] ZAGPJHC 176 (10 July 2020)
Court
South Gauteng High Court, Johannesburg
Case number
15245/2020
Judge
S Yacoob
The High Court postponed an urgent interdict over a Daveyton housing project, ordered structured engagement with the community, and preserved the status quo pending hearing.
Altron TMT Holdings Proprietary Limited and Another v Minister of Trade and Industry and Others (2019/46376) [2020] ZAGPJHC 162 (8 July 2020)
Court
South Gauteng High Court, Johannesburg
Case number
2019/46376
Judge
C G Lamont
The High Court reviewed and set aside the Minister’s grant of B-BBEE Facilitator Status to Telkom-related interests for procedural unfairness and failure to consult properly.
National Council of the Society for Prevention of Cruelty to Animals v Minister of Environmental Affairs and Others (86515/2017) [2019] ZAGPPHC 337; 2020 (1) SA 249 (GP) (6 August 2019)
Court
North Gauteng High Court, Pretoria
Case number
86515/2017
Judge
N Kollapen
The court held that the Minister's decisions to set the annual export quotas for lion bone in 2017 and 2018 constituted administrative action under PAJA, as they were made in terms of legislation, had the capacity to affect legal rights, and had direct, external legal effect. The applicant was not excluded from the decision-making process, having participated in consultations and made submissions. However, the Minister erred in failing to consider animal welfare concerns relating to captive lions, which are relevant to the quota-setting process given the constitutional and legislative framewo…
Casino Association of South Africa v Minister of Trade and Industry and Others (82407/16) [2018] ZAGPPHC 568 (10 August 2018)
Court
North Gauteng High Court, Pretoria
Case number
82407/16
Judge
Tuchten
The court held that the Minister's decision to increase the maximum number of casino licenses in North West Province was executive in nature, not administrative, and thus not subject to review under PAJA. The Minister had properly consulted the National Gambling Policy Council, considered relevant factors including the social and economic impacts, and responded to submissions from CASA. The decision was rationally related to the objective of compensating North West for the loss of the Morula Sun casino due to boundary changes. The Minister was not acting under dictation, and there was no evid…
Central African Road Services (Pty) Ltd v Cross-Border Road Transport Agency and Another (60113/2013) [2013] ZAGPPHC 550 (1 November 2013)
Court
North Gauteng High Court, Pretoria
Case number
60113/2013
Judge
Heaton-Nicholls
The court held that the six-month suspension period for the declaration of invalidity of the 2011 Cross-Border Road Transport amendment regulations expired at midnight on 14 August 2013, with no application for extension made during that period. As a result, the declaration of invalidity operates with full retrospective effect from that date. The respondents' application for leave to appeal does not suspend the operation of the declaration of invalidity, as constitutional invalidity flows from inconsistency with the Constitution and not from the court order. The permit fees payable by cross-b…
