South Africa Case Law

Institute for Economic Justice and Another v Minister of Social Development and Others (071891/2023)

Institute for Economic Justice and Another v Minister of Social Development and Others (071891/2023) [2025] ZAGPPHC 324 (18 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

071891/2023

Judge

Twala M L

The High Court granted leave to appeal to the Supreme Court of Appeal against its whole judgment, citing public interest, complexity, and the interests of justice.

• Leave To Appeal
• Superior Courts Act
• Public Interest
• Social Security Rights
• Leave-to-appeal
• Superior-courts-act

Breede Valley Onhafhanklik v Speaker of the Breede Valley Municipality and Others (Leave to Appeal) (2613/23)

Breede Valley Onhafhanklik v Speaker of the Breede Valley Municipality and Others (Leave to Appeal) (2613/23) [2025] ZAWCHC 18 (27 January 2025)

Court

Western Cape High Court, Cape Town

Case number

2613/23

Judge

A Montzinger

The High Court extended time and granted Breede Valley Onafhanklik leave to appeal against dismissal of its review, finding reasonable prospects of success and public interest.

• Leave To Appeal
• Municipal Structures Act
• Review Of Administrative Action
• Extension Of Time
• Public Interest
• Leave-to-appeal

Matabicho (Pty) Ltd v Gauteng Provincial Liquor Board and Others (111703/2023)

Matabicho (Pty) Ltd v Gauteng Provincial Liquor Board and Others (111703/2023) [2024] ZAGPPHC 1241 (29 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

111703/2023

Judge

Du Plessis

The High Court reviewed and set aside the Liquor Board’s refusal of a grocers’ wine licence, finding the decision irrational and unsupported by evidence.

• Promotion Of Administrative Justice Act
• Liquor Licensing
• Public Interest
• Review Of Administrative Action
• Statutory Compliance
• Liquor-licensing

Greenstreet 1 (Pty) Ltd v Scatec Solar SA 164 (Pty) Ltd Scatec Solar SA 165 (Pty) Ltd (LM096SEP24)

Greenstreet 1 (Pty) Ltd v Scatec Solar SA 164 (Pty) Ltd Scatec Solar SA 165 (Pty) Ltd (LM096SEP24) [2024] ZACT 33 (12 November 2024)

Court

Competition Tribunal

Case number

LM096SEP24

Judges

T Vilakazi, I Valodia, G Budlender

The Competition Tribunal unconditionally approved Greenstreet 1 (Pty) Ltd’s acquisition of control in Scatec Solar SA 164 and 165, finding no competition or public interest concerns.

• Large Merger
• Horizontal Overlap
• Creeping Merger
• Public Interest
• Hdp Ownership
• Employment Effects

Mkhwane v Dyakala (14102/2020)

Mkhwane v Dyakala (14102/2020) [2024] ZAGPJHC 1024 (14 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

14102/2020

Judge

S D J Wilson

The High Court refused leave to appeal in a defamation case, finding no clear error in its factual findings, its public-interest analysis, or its treatment of fair comment.

• Defamation
• Truth As Defence
• Public Interest
• Fair Comment
• Prejudice
• Factual Findings On Appeal

Penxa v Central Karoo District Municipality and Others (4913/24)

Penxa v Central Karoo District Municipality and Others (4913/24) [2024] ZAWCHC 300 (10 October 2024)

Court

Western Cape High Court, Cape Town

Case number

4913/24

Judge

DM Thulare

High Court granted execution of a municipal manager judgment pending appeal, finding urgency, exceptional circumstances, and irreparable harm to public administration.

• Execution Pending Appeal
• Municipal Manager Appointment
• Irreparable Harm
• Exceptional Circumstances
• Public Interest
• Costs Order

Mdluli v National Commissioner of South African Police Service (24980/2022)

Mdluli v National Commissioner of South African Police Service (24980/2022) [2024] ZAGPPHC 997 (2 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

24980/2022

Judge

Potterill

The court found that the SAPS correctly applied National Instruction 1 of 2017, which was the operative policy at the time of Mr Mdluli's application for legal assistance. The policy does not operate retrospectively in the legislative sense but governs internal affairs at the time of application. The SAPS followed the prescribed procedure, considered all relevant documents, and provided adequate reasons for its decision. The refusal was based on the fact that the alleged offences were committed against the SAPS and not in the execution of Mr Mdluli's official duties, making it contrary to pub…

Source excerpt

• Promotion Of Administrative Justice Act
• State Funded Legal Representation
• Public Interest
• Internal Policy Application

Road Accident Fund and Others v Legal Practitioner's Indemnity Insurance Fund and Others (Leave to Appeal) (046038/2022)

Road Accident Fund and Others v Legal Practitioner's Indemnity Insurance Fund and Others (Leave to Appeal) (046038/2022) [2024] ZAGPPHC 854 (26 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

046038/2022

Judges

L M Molopa-Sethosa, D Unterhalter, M.P. Motha

High Court grants leave to appeal only on the Board Notice issue, dismisses the cross-appeal, and orders the RAF CEO to explain non-implementation of the interim regime.

• Leave To Appeal
• Road Accident Fund Act
• Administrative Action
• Condonation
• Public Interest
• Costs Orders

Department of Health Western Cape v Public Health and Social Development Sectoral Bargaining Council and Others (C307/2022)

Department of Health Western Cape v Public Health and Social Development Sectoral Bargaining Council and Others (C307/2022) [2024] ZALCCT 53; (2025) 46 ILJ 137 (LC) (23 July 2024)

Court

Labour Court Cape Town

Case number

C307/2022

Judge

C de Kock

Condonation was granted and a labour arbitration award was reviewed and set aside. The court found the employee’s conduct explicit, serious, and disreputable.

• Unfair Dismissal
• Condonation
• Disciplinary Code
• Review Of Arbitration Award
• Sexual Misconduct
• Public Interest

Government Employee Pension Fund v SAHL Investment Holdings (Pty) Ltd (LM040Jun24)

Government Employee Pension Fund v SAHL Investment Holdings (Pty) Ltd (LM040Jun24) [2024] ZACT 14 (9 July 2024)

Court

Competition Tribunal

Case number

LM040Jun24

Judges

A Wessels, I Valodia, G Budlender

The Competition Tribunal unconditionally approved GEPF’s acquisition of an additional 25% in SAHL Investment Holdings, finding no competition or public interest concerns.

• Large Merger Review
• Joint Control
• Public Interest
• Ownership Spread
• Large-merger-review
• Joint-control