South Africa Case Law

Road Accident Fund v Sheriff of the High Court, Pretoria East and Others (028726/2022)

Road Accident Fund v Sheriff of the High Court, Pretoria East and Others (028726/2022) [2023] ZAGPPHC 746 (28 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

028726/2022

Judge

BAQWA

The court found that the Road Accident Fund, as custodian of public funds, has a statutory and constitutional obligation to verify supplier claims before disbursing payments. The respondents' failure to provide identity documents and supporting information for claimants constitutes material non-compliance with the RAF Act. The court rejected the respondents' objections of non-joinder and non-service, finding all relevant parties were cited and served. The requirements for an interim interdict were satisfied: RAF demonstrated a prima facie right to protect public funds, a well-grounded apprehe…

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• Stay Of Execution
• Interim Interdict
• Road Accident Fund Act
• Supplier Claims Verification
• Public Finance Management
• Joinder Of Parties

Road Accident Fund v Sheriff, Centurion East Dhlamini N.O. and Others (066599/2023)

Road Accident Fund v Sheriff, Centurion East Dhlamini N.O. and Others (066599/2023) [2023] ZAGPPHC 678 (7 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

066599/2023

Judge

Lenyai

The High Court granted urgent interim relief stopping execution and a scheduled auction, pending a main application concerning alleged improper writ enforcement.

• Urgent Interdict
• Writs Of Execution
• Locus Standi
• Attorney Mandate
• Public Finance Management
• Costs De Bonis Propriis

Imbumba Association for the Aged v MEC for Social Development Eastern Cape and Another (1789/2020)

Imbumba Association for the Aged v MEC for Social Development Eastern Cape and Another (1789/2020) [2020] ZAECGHC 112 (1 October 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

1789/2020

Judge

J M Roberson

The court found that the Department's unilateral decision to reduce and withhold funding under the service level agreements constituted a repudiation of those agreements. The applicant's members had performed their obligations by adapting service delivery to home-based care during the pandemic, which was both necessary and consistent with the underlying purpose of the agreements and the Department's constitutional obligations. The Department failed to follow the contractual procedures for reducing funding, did not consult or negotiate, and did not provide evidence that alternative support was…

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• Specific Performance
• Repudiation Of Contract
• Right To Social Services
• Older Persons Act
• Force Majeure
• Public Finance Management

Madiba and Others v Minister of Arts and Culture and Others (9034/2016)

Madiba and Others v Minister of Arts and Culture and Others (9034/2016) [2017] ZAGPPHC 502; [2017] 4 All SA 111 (GP) (17 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

9034/2016

Judge

Tuchten

The court found that the Minister's decision to dissolve the Pan South Africa Language Board was lawful and reasonable. The Minister acted on reasonable grounds, including the Board's failure to fulfil its statutory mandate, poor leadership, disregard for fiscal and governance responsibilities, and unlawful summary dismissal of employees. The principle of audi alteram partem was satisfied by notifying the Board through its chairperson, who was statutorily authorised to represent the Board. The Board's conduct in dismissing employees was based on flawed legal advice procured by fraudulent conc…

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• Audi Alteram Partem
• Ministerial Discretion
• Board Dissolution
• Unfair Dismissal
• Public Finance Management
• Disciplinary Referral

Makaula Zilwa Incorporate and Another v Bushbuckridge Municipality (4051A/15)

Makaula Zilwa Incorporate and Another v Bushbuckridge Municipality (4051A/15) [2016] ZAGPPHC 700 (31 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

4051A/15

Judge

V.R.S.N Nkosi

The court set aside a registrar-granted default judgment against a municipality after finding a bona fide defence and disputes over proof of debt collection services.

• Default Judgment
• Debt Collection Agreement
• Rescission Of Judgment
• Bona Fide Defence
• Public Finance Management
• Service Of Process

Sepadi and Another v Premier of Limpopo Provincial Government and Others (1863, 1864/2014)

Sepadi and Another v Premier of Limpopo Provincial Government and Others (1863, 1864/2014) [2015] ZAGPPHC 1097 (13 October 2015)

Court

North Gauteng High Court, Pretoria

Case number

1863 & 1864/2014

Judge

M G Phatudi

The High Court held that the applicants failed to prove recognition as Headmen because no certificate of recognition was produced, and dismissed the claim with costs.

• Traditional Leadership Recognition
• Remuneration Of Public Office Bearers
• Certificate Of Recognition
• Locus Standi
• Misjoinder
• Public Finance Management

KwaZulu-Natal Department of Transport v General Public Service Sectoral Bargaining Council and Others (D408/11, D542/11)

KwaZulu-Natal Department of Transport v General Public Service Sectoral Bargaining Council and Others (D408/11, D542/11) [2014] ZALCD 63 (17 November 2014)

Court

Labour Court Durban

Case number

D408/11, D542/11

Judge

R Lagrange

The Labour Court upheld an award finding an unfair labour practice in a flawed promotion process that excluded qualified candidates and justified setting aside the appointment.

• Unfair Labour Practice
• Promotion Dispute
• Employment Equity
• Review Of Arbitration Award
• Public Finance Management
• Unfair-labour-practice

Kotze v Member of the Executive Council responsible for the Mpumalanga Department of Education in the Mpumalanga Province (17290/13)

Kotze v Member of the Executive Council responsible for the Mpumalanga Department of Education in the Mpumalanga Province (17290/13) [2014] ZAGPPHC 367 (17 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

17290/13

Judge

S K Hassim

The High Court upheld an exception to particulars of claim, finding the pleading vague and lacking facts to sustain either a statutory or delictual cause of action.

• Exception Procedure
• Vague And Embarrassing Pleading
• Statutory Cause Of Action
• Negligence
• Public Finance Management
• Exception-procedure

National Lotteries Board v South African Education and Environment Project (788/10)

National Lotteries Board v South African Education and Environment Project (788/10) [2011] ZASCA 154; [2012] 1 All SA 451 (SCA); 2012 (4) SA 504 (SCA) (28 September 2011)

Court

Supreme Court of Appeal

Case number

788/10

Judges

Brand, Van Heerden, Cachalia, Shongwe, Seriti

The Supreme Court of Appeal held that the National Lotteries Board unlawfully refused the funding applications by applying its guidelines rigidly and inflexibly, thereby fettering its discretion. The guidelines, while serving a useful purpose, must not be treated as immutable rules; insignificant or technical non-compliance should be condoned if the object of the guidelines is achieved. The Board failed to consider each application individually and did not justify its decisions adequately. Furthermore, the Board was not permitted to advance new reasons for refusal in its answering affidavits,…

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• Promotion Of Administrative Justice Act
• Guidelines In Administrative Decision Making
• Duty To Give Reasons
• Review Of Administrative Action
• Discretion And Fettering
• Public Finance Management

All Man Labour Services CC v Services Sector Education and Training Authority ('SETA') (J1509/04)

All Man Labour Services CC v Services Sector Education and Training Authority ('SETA') (J1509/04) [2007] ZALC 9; (2007) 28 ILJ 1053 (LC) (23 February 2007)

Court

Labour Court

Case number

J1509/04

Judge

E Revelas

The Labour Court held that a SETA may impose reasonable quality-assurance criteria for mandatory grants, and dismissed the employer’s claim for full payment.

• Skills Development Act
• Mandatory Grants
• Ultra Vires Policy
• Public Finance Management
• Quality Assurance
• Implied Powers