South Africa Case Law

Corruption Watch (RF) NPC v Speaker of the National Assembly and Others (CCT 333/23)

Corruption Watch (RF) NPC v Speaker of the National Assembly and Others (CCT 333/23) [2025] ZACC 15 (1 August 2025)

Court

Constitutional Court

Case number

CCT 333/23

Judges

Madlanga ADCJ, Dambuza AJ, Goosen AJ, Kollapen J, Mhlantla J, Opperman AJ, Rogers J, Theron J, Tshiqi J

The National Assembly failed to comply with its constitutional obligation to facilitate reasonable public involvement in the appointment of Commissioners to the Commission for Gender Equality. The information provided to the public was insufficient, as the CVs of shortlisted candidates were not published, and the justification based on POPIA was incorrect. The 14-day comment period was unreasonably short, and the use of an online form with a character limitation further restricted meaningful participation. These procedural deficiencies rendered the appointment process unconstitutional. The ap…

Source excerpt

• Public Participation
• Appointment Of Chapter 9 Commissioners
• Access To Information
• Protection Of Personal Information Act
• Remedial Orders
• Costs In Constitutional Litigation

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…

Source excerpt

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

City of Johannesburg Metropolitan Municipality v Independent Institute of Education (Pty) Ltd and Others (2023/095869)

City of Johannesburg Metropolitan Municipality v Independent Institute of Education (Pty) Ltd and Others (2023/095869) [2025] ZAGPJHC 629 (24 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/095869

Judge

Mudau

Leave to appeal was dismissed in a municipal rates-policy review, with the court finding no reasonable prospects of success or other compelling reason.

• Public Participation
• Rates Policy Review
• Best Interests Of Child
• Just And Equitable Remedy
• Municipal Powers
• Section 172 Constitution

Tshipise Safaris (Pty) Ltd v TD Nhlamulo and His Mother Logistics and Business Enterprises (Pty) Ltd and Others (538/2022)

Tshipise Safaris (Pty) Ltd v TD Nhlamulo and His Mother Logistics and Business Enterprises (Pty) Ltd and Others (538/2022) [2025] ZALMPPHC 124 (19 June 2025)

Court

Limpopo High Court, Polokwane

Case number

538/2022

Judge

S Du Plessis

The Court found that the Applicant had locus standi under both the National Environmental Management Act and the Constitution, despite not being the registered owner, due to its beneficial ownership and undisturbed possession. The First and Tenth Respondents were found to have continued mining activities unlawfully after the lapse of their permit, in contempt of previous court orders and statutory requirements. The Department of Mineral Resources and Energy and SAPS failed to enforce compliance notices and statutory obligations. The Respondents' points in limine, including non-joinder, lis pe…

Source excerpt

• Mining Permit Renewal
• Environmental Authorisation
• Contempt Of Court
• Unlawful Mining
• Public Participation
• Internal Appeal Process

Sandton Crowne Properties (Pty) Ltd v Municipal Manager City of Ekurhuleni Metropolitan Municipality and Others (2024/059416)

Sandton Crowne Properties (Pty) Ltd v Municipal Manager City of Ekurhuleni Metropolitan Municipality and Others (2024/059416) [2025] ZAGPJHC 591 (11 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/059416

Judge

Mfenyana

The High Court granted an urgent interim interdict stopping construction pending review of the municipality’s consent-use decision.

• Interim Interdict
• Review Of Administrative Action
• Locus Standi
• Municipal Spatial Planning
• Public Participation
• Urgent Application

Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another (1165/2023)

Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another (1165/2023) [2025] ZASCA 69 (29 May 2025)

Court

Supreme Court of Appeal

Case number

1165/2023

Judges

Schippers, Hughes, Weiner, Smith, Vally

The Supreme Court of Appeal held that the appeal under section 149(1) of the National Water Act is strictly limited to questions of law. The grounds advanced by the appellants were found to be factual disputes disguised as legal issues, with only the interpretation of section 24 of the Act qualifying as a legal question. The Tribunal and High Court were found to have properly considered all relevant statutory factors, including the strategic importance of the mining area, socio-economic impacts, and environmental risks. The water use licence contained sufficient conditions to address post-clo…

Source excerpt

• National Water Act
• Water Use Licensing
• Precautionary Principle
• Public Participation
• Judicial Bias
• Costs In Constitutional Litigation

Independent Institute of Education (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Others (2023/095869; 13361/2023; 120464/2023; 128616/2023)

Independent Institute of Education (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Others (2023/095869; 13361/2023; 120464/2023; 128616/2023) [2025] ZAGPJHC 374 (8 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/095869

Judge

Mudau

The court found that the City of Johannesburg's public participation process in adopting the 2023/2024 Rates Policy and By-Law was perfunctory and failed to meet constitutional and statutory requirements. The City did not genuinely consider stakeholders' input, particularly regarding the impact on privately owned educational institutions. The categorisation of such properties under 'business and commercial' was irrational and unreasonably discriminatory, violating section 19(1)(c) of the MPRA and sections 28 and 29 of the Constitution. The City failed to consider the best interests of childre…

Source excerpt

• Municipal Property Rates Act
• Public Participation
• Irrationality
• Unreasonable Discrimination
• Right To Education
• Best Interests Of Child

Milnerton Central Residents Association v Toefy N.O and Others (9/2024)

Milnerton Central Residents Association v Toefy N.O and Others (9/2024) [2025] ZAWCHC 67 (21 February 2025)

Court

Western Cape High Court, Cape Town

Case number

9/2024

Judge

Van den Berg AJ

The court found that the respondents substantially complied with the mandatory requirements of NEMA and the EIA Regulations in considering alternatives to the proposed development. The public participation process was comprehensive, and the decision-making process included consideration of expert reports and stakeholder input. The applicant failed to provide credible evidence of bias or lack of independence on the part of the EAP, who was registered and experienced. The ownership of nearby developments was not a material factor requiring disclosure, and heritage concerns were properly address…

Source excerpt

• Environmental Authorisation
• Promotion Of Administrative Justice Act
• Public Participation
• Alternatives Assessment
• Judicial Review
• Heritage Resources

Vodacom (Pty) Limited v Independent Communications Authority of South Africa (ICASA) and Others (054724/2024)

Vodacom (Pty) Limited v Independent Communications Authority of South Africa (ICASA) and Others (054724/2024) [2025] ZAGPPHC 193 (21 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

054724/2024

Judge

Labuschagne

Vodacom sought interim interdicts to stop mobile operators using pooled spectrum approved by ICASA, but the High Court dismissed the application with costs.

• Radio Frequency Spectrum Licensing
• Spectrum Sharing Regulations
• Public Participation
• Procedural Fairness
• Promotion Of Administrative Justice Act
• Competition Assessment

L'Ormarins (Pty) Ltd and Another v Minister of Mineral and Petroleum Resources and Others (5414/2024)

L'Ormarins (Pty) Ltd and Another v Minister of Mineral and Petroleum Resources and Others (5414/2024) [2025] ZAECMKHC 1 (14 January 2025)

Court

Eastern Cape High Court, Makhanda

Case number

5414/2024

Judge

Laing

Urgent interdict granted to stop mining pending internal appeal over a disputed mining right and alleged zoning and environmental irregularities.

• Mining Rights
• Public Participation
• Environmental Impact Assessment
• Land Use Zoning
• Interdictory Relief
• Internal Appeal Process