South Africa Case Law

Labour Party of South Africa v President of the Republic of South Africa and Others (2025/092790)

Labour Party of South Africa v President of the Republic of South Africa and Others (2025/092790) [2025] ZAGPPHC 743 (17 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/092790

Judge

de Vos

The Court found that the President's constitutional duty to promote national unity under section 83(c) inherently includes the power to initiate processes such as the National Dialogue. The Labour Party failed to establish a prima facie right, as the President's actions were rationally linked to the constitutional objective of fostering national unity. There was no evidence of unlawful expenditure or exclusion from the process, and the R700 million figure was not final nor proven to breach public finance laws. The alleged harms were either speculative, not irreparable, or capable of redress t…

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• Presidential Powers
• Interim Interdict
• Public Participation
• Separation Of Powers
• Public Finance Management Act
• Rationality Review

Nkwali v Transnet National Ports Authority and Others (C10/2020)

Nkwali v Transnet National Ports Authority and Others (C10/2020) [2025] ZALCCT 52 (9 July 2025)

Court

Labour Court Cape Town

Case number

C10/2020

Judge

Tlhotlhalemaje

Review of an arbitration award upholding dismissal for procurement, safety, PFMA, and ethics breaches was dismissed as the court found the process fair and the sanction reasonable.

• Unfair Dismissal
• Public Finance Management Act
• Disciplinary Procedure
• Delegation Of Authority
• Conflict Of Interest
• Procurement Irregularities

Director General Department of Forestry Fisheries and Environment and Another v Sheriff Pretoria North-East and Others (JA 44/2024)

Director General Department of Forestry Fisheries and Environment and Another v Sheriff Pretoria North-East and Others (JA 44/2024) [2025] ZALAC 29; (2025) 46 ILJ 1887 (LAC) (12 May 2025)

Court

Labour Appeal Court

Case number

JA 44/2024

Judges

Nkutha-Nkontwana JA, Waglay, Mooki AJA

The Labour Appeal Court held that section 66 of the Public Finance Management Act does not apply to the furnishing of security for an arbitration award under section 145(7) of the Labour Relations Act, as such security relates to an existing obligation and not a future financial commitment. The security bond signed by the Director-General is sufficient security as contemplated by section 145(7) of the LRA. The Labour Court erred in refusing to accept the bond on the basis of lack of ministerial authorisation. Preliminary points raised by the respondent on appeal were not entertained, as they…

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• Security For Awards
• Public Finance Management Act
• Arbitration Award Stay
• Ministerial Authorisation
• Reinstatement
• Appeal Procedure

Working on Fire v Minister of the Department of Forestry, Fisheries and Environment and Another (2023/112430)

Working on Fire v Minister of the Department of Forestry, Fisheries and Environment and Another (2023/112430) [2025] ZAGPPHC 299 (12 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/112430

Judge

R Ramawele

The High Court held that Working on Fire could not recover additional VAT from the department where the contract was VAT-inclusive and the claim lacked a proper cause of action.

• Value Added Tax Act
• Contractual Interpretation
• Public Finance Management Act
• Rectification Of Invoices
• Estoppel
• Budgetary Limits

Lioma v S (A138/2020)

Lioma v S (A138/2020) [2025] ZAFSHC 111 (6 March 2025)

Court

Free State High Court, Bloemfontein

Case number

A138/2020

Judges

NM MBHELE, JP DAFFUE, PR CRONJE

The appeal succeeded because the State failed to prove the appellant's guilt beyond reasonable doubt on all counts. The evidence relied upon by the court a quo was largely circumstantial and did not exclude reasonable inferences consistent with innocence. The State did not call key witnesses from the Departmental Tender Committee or other relevant officials, and the evidence of Mr Moeng was found to be unreliable and contradictory. The appellant's role in the procurement process was limited to signing memoranda of agreement after provincial approval, and there was no credible evidence that he…

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• Accomplice Liability
• Money Laundering
• Public Procurement
• Fair Trial Rights
• Burden Of Proof
• Public Finance Management Act

Member of Executive Council Department of Education, KZN and Others v Zwane and Others (D24/25)

Member of Executive Council Department of Education, KZN and Others v Zwane and Others (D24/25) [2025] ZALCD 4 (31 January 2025)

Court

Labour Court Durban

Case number

D24/25

Judge

Whitcher

The court found that the applicants failed to make out a proper case for the stay of enforcement of the arbitration award or for exemption from furnishing security. The applicants provided no substantive explanation of the alleged severe prejudice or any specific averments regarding exemption under the PFMA. The Labour Appeal Court has made it clear that government departments are not automatically exempted from furnishing security and must show good cause. The applicants also failed to demonstrate urgency or seriousness in prosecuting the review application, which was filed out of time and a…

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• Stay Of Enforcement
• Security For Costs
• Arbitration Award Review
• Public Finance Management Act
• Condonation
• Costs Orders

Shabalala v S (AR332/2023)

Shabalala v S (AR332/2023) [2024] ZAKZPHC 114; 2025 (1) SACR 201 (KZP) (29 November 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR332/2023

Judges

Nkosi, Ngqanda, Gajoo

The appeal was dismissed as the trial court had considered all material evidence, including the affidavit of MEC Mabuyakhulu, either directly or through corroborating sources. The additions to the final judgment were found to be explanations and did not undermine the appellant's right to a fair trial. The trial court's credibility findings were justified based on the evidence, and the elements of fraud and corruption were correctly applied. The appellant's failure to disclose his relationship with Dr Savoi and the benefit he stood to acquire for himself and the ANC was material to the offence…

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• Fraud
• Corruption
• Money Laundering
• Public Finance Management Act
• Minimum Sentencing
• Documentary Evidence

Member of the Executive Council for the Department of Community Safety and Transport Management of the North West Provincial Government v Samons N.O and Others (039123/24)

Member of the Executive Council for the Department of Community Safety and Transport Management of the North West Provincial Government v Samons N.O and Others (039123/24) [2024] ZAGPPHC 1236 (21 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

039123/24

Judge

H Kooverjie

The court found that the business rescue practitioner, Mr Samons, was incompetent and failed to perform his statutory duties with the required degree of care. He did not publish business rescue plans or annual financial statements timeously, failed to verify creditor claims independently, and did not prioritize employee salaries as required by the Companies Act. The BRP also failed to comply with the PFMA and Treasury Regulations, did not keep the MEC informed, and entered into agreements without necessary approvals. The court held that these failures caused actual prejudice to the NTI compan…

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• Business Rescue Practitioner Removal
• Companies Act Section 139
• Public Finance Management Act
• Creditor Claim Verification
• Employee Salary Priority
• Costs Award

Putco (Pty) Ltd v Head of Department of the Gauteng Department of Roads and Transport and Others (2024-116238)

Putco (Pty) Ltd v Head of Department of the Gauteng Department of Roads and Transport and Others (2024-116238) [2024] ZAGPPHC 1076 (30 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-116238

Judge

E van der Schyff

The High Court granted PUTCO urgent interim relief preserving June 2023 transport contracts pending arbitration, citing prima facie contractual rights and irreparable harm.

• Public Transport Subsidy Contracts
• Interim Interdict
• Contractual Variation
• Public Finance Management Act
• Arbitration Pending
• Balance Of Convenience

Road Accident Fund v Sheriff of the High Court [Pretoria East] and Others (2022-056346)

Road Accident Fund v Sheriff of the High Court [Pretoria East] and Others (2022-056346) [2024] ZAGPPHC 953 (17 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022-056346

Judge

C J van der Westhuizen

The High Court dismissed the Road Accident Fund’s bid for declarators about interest on judgment debts, writs of execution, and related procedural practices.

• Prescribed Rate Of Interest Act
• Declaratory Relief
• Writs Of Execution
• Mora Interest
• Public Finance Management Act
• Declaratory-relief