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South Africa decisions
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Prudential Authority of the South African Reserve Bank v Msiza and Another (78587/2018) [2021] ZAGPPHC 624 (21 September 2021)
The High Court granted leave to appeal in a case about procedural fairness in an FSR Act investigation and whether an implicated person had a right to be heard.
Independent Examinations Board v Umalusi and Others (83440/19) [2020] ZAGPPHC 362 (14 July 2020)
The High Court refused Umalusi leave to file a further affidavit introducing a new fee rationalisation in a PAJA review, finding no exceptional circumstances.
Rhino Oil and Gas Exploration SA (Pty) Limited v Normandien Farms (Pty) Limited and Another (100/2018) [2019] ZASCA 88; 2019 (6) SA 400 (SCA) (31 May 2019)
The Supreme Court of Appeal held that Normandien Farms had not suffered any prejudice as a result of the procedural steps taken by PASA and Rhino Oil and Gas in the application process for a petroleum exploration right. The court found that the process was not yet final, no rights had been adversely affected, and the matter was not ripe for adjudication. As a general rule, judicial review is not available for non-final exercises of public power unless prejudice has resulted. The relief granted by the court below was therefore premature and unwarranted. The appeal was upheld, and the applicati…
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Notyawa v Makana Municipality and Others (683/2017) [2017] ZAECGHC 95; [2017] 4 All SA 533 (ECG) (24 August 2017)
The court held that the decisions of the Municipality and the MEC to rescind the applicant's appointment and re-advertise the municipal manager post were administrative actions as defined by PAJA, and thus subject to its procedural requirements. The applicant failed to institute the review application within the prescribed 180-day period and did not apply for condonation under section 9 of PAJA. The explanation for the delay was neither full nor reasonable, and the delay caused prejudice to the Municipality, which had to operate with acting managers and lacked stability. Furthermore, the reli…
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Democratic Alliance v Motsoeneng and Others (18107/16) [2017] ZAWCHC 5 (7 February 2017)
The court found that the SABC's decision to appoint Motsoeneng as GECA was indeed an exercise of public power and therefore subject to legality review. The arguments advanced by the SABC did not demonstrate reasonable prospects that another court would reach a different conclusion. The court's analysis was supported by Constitutional Court judgments, particularly Khumalo, which confirmed that such appointments by public bodies are reviewable. The challenge to the authority of Ncube Incorporated Attorneys was dismissed, as sufficient evidence of authority was provided. The personal costs order…
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National Credit Regulator v Capitec Bank Ltd and Another (A440/2014) [2016] ZAGPPHC 125 (23 March 2016)
The court held that the National Credit Regulator did not validly initiate a complaint against Capitec Bank as required by section 136(2) of the National Credit Act. The NCR failed to demonstrate any reasonable suspicion or factual basis for its initiation, instead embarking on a broad fishing expedition. The investigation and referral to the Tribunal were not based on a valid complaint and were therefore unlawful. The Tribunal correctly declined to consider the merits due to lack of jurisdiction arising from the invalid referral. The NCR's conduct was found to be procedurally unfair and cont…
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Director General of the Department of Labour and Another v Comair Limited (J2326/07) [2009] ZALC 78; [2009] 11 BLLR 1063 (LC); (2009) 30 ILJ 2711 (LC) (11 August 2009)
The Labour Court reviewed and set aside the Director-General’s section 44(b) recommendation and section 45 referral under the Employment Equity Act for failure to consider section 42 factors.
Director General of the Department of Labour and Another v Comair Limited (J2326/07) [2009] ZALCJHB 113 (22 May 2009)
The Labour Court held that the Director General’s review and referral under the Employment Equity Act were reviewable and set them aside for failure to consider section 42 factors.
Minister of Justice and Constitutional Development and Another v Zealand (387/06) [2007] ZASCA 92; 2007 (2) SACR 401 (SCA) (20 June 2007)
The Supreme Court of Appeal held that the respondent was unlawfully detained from 11 October 2001 to 30 June 2004. The court found that the release on warning recorded on 11 October 2001 was valid and not a clerical error, as evidenced by the absence of a detention warrant and corroborating documentation. The subsequent remand in custody on 29 October 2001 did not comply with statutory requirements for cancelling release on warning, rendering the detention unlawful. For the period prior to 11 October 2001, the respondent's detention was pursuant to valid court orders and thus lawful. The cour…
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Public Servants League of South Africa and Others v Minister of Water Affairs (374/91) [1992] ZASCA 181 (28 September 1992)
The Supreme Court of Appeal held that the dismissals of the second to fifteenth appellants by the Minister of Water Affairs were invalid because they were not afforded a hearing prior to termination. The respondent, as a public authority, was required to exercise its power to dismiss in accordance with the principles of natural justice, specifically the audi alteram partem rule. The respondent conceded that the legal relationship was identical to that in the Sibiya case, where the absence of a hearing rendered the dismissals a nullity. Consequently, the appellants were entitled to substantive…
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