South Africa Case Law

Gcora and Another v Nelson Mandela Bay Municipality and Another (1414/2016 ; 992/2016)

Gcora and Another v Nelson Mandela Bay Municipality and Another (1414/2016 ; 992/2016) [2025] ZAECQBHC 10 (1 April 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

1414/2016 ; 992/2016

Judge

J W Eksteen

The court held that the applicants, having been declared vexatious litigants, bore the evidential burden to demonstrate bona fide claims with prima facie merit in their requests for leave to institute proceedings. Both requests were unsupported by affidavit and failed to identify a clear cause of action or relief sought. The proposed interdict proceedings sought to challenge cost orders and judgments that had reached finality, which is impermissible. The enforcement proceedings were based on mediation outcomes, but the applicants had no contractual nexus with the municipality or the MEC, and…

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• Vexatious Litigation
• Leave To Institute Proceedings
• Public Protector Remedial Action
• Municipal Tender Disputes
• Prescription Of Claims
• Joinder And Locus Standi

Gumede and Another v Small Enterprise Development Agency and Another (5670/2023)

Gumede and Another v Small Enterprise Development Agency and Another (5670/2023) [2024] ZAGPPHC 1228 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

5670/2023

Judge

J M Matsemela

The High Court held that the respondents complied with the Public Protector’s remedial action and dismissed the applicants’ claim for constitutional damages and costs.

• Public Protector Remedial Action
• Constitutional Damages
• Delictual Claim
• Appropriate Relief
• Section 38 Constitution
• Compliance With Remedial Action

South African Roadies Association v National Arts Councils of South Africa and Others (2023/076030)

South African Roadies Association v National Arts Councils of South Africa and Others (2023/076030) [2024] ZAGPJHC 936 (20 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/076030

Judge

A Maier-Frawley

The court found that the NAC had complied with the remedial directives issued by the Public Protector by providing letters of apology, cogent reasons for the rejection of the funding application, and amending the Expired Projects and Unclaimed Funds Policy. The reasons provided by the NAC were found to be clear and coherent, satisfying the requirement for cogency, even if the applicant disagreed with their substance. The applicant's challenge to the validity of the NAC's funding policy and the merits of the funding decision was held to be an impermissible attempt at a belated review, which sh…

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• Public Protector Remedial Action
• Reasons For Administrative Action
• Policy Compliance
• Judicial Review
• Plaascon Evans Rule

Director-General, Department of International Relations and Cooperation and Others v Mbedzi (A108/22)

Director-General, Department of International Relations and Cooperation and Others v Mbedzi (A108/22) [2023] ZAGPPHC 2047 (21 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

A108/22

Judges

M Motha, J Yende, Selby Baqwa

A full bench upheld retrospective COLA relief for a DIRCO employee whose local upgrade to Assistant Director affected his foreign posting rank.

• Public Protector Remedial Action
• Placement Policy
• Cost Of Living Allowance
• Foreign Service Dispensation
• Judicial Review
• Punitive Costs

Gcora and Others v Nelson Mandela Bay Municipality and Another (1414/2016; 992/2016)

Gcora and Others v Nelson Mandela Bay Municipality and Another (1414/2016; 992/2016) [2023] ZAECQBHC 29 (16 May 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

1414/2016; 992/2016

Judge

Potgieter

The High Court declared the applicants vexatious litigants and barred further litigation against the municipality over the Public Protector report without leave.

• Vexatious Litigation
• Abuse Of Process
• Public Protector Remedial Action
• Joinder
• Costs Orders
• Vexatious-litigation

Matlakala v Office of the Public Protector and Others (856/2022)

Matlakala v Office of the Public Protector and Others (856/2022) [2023] ZAFSHC 305 (6 April 2023)

Court

Free State High Court, Bloemfontein

Case number

856/2022

Judges

Naidoo, Bomela

The court found that the remedial action of the Public Protector was directed at the HOD and not the applicant, and that the applicant was not the subject of the complaint or investigation. The right to a section 7(9) notice did not accrue to the applicant, as there was no adverse finding or implication against him. The suspension of the applicant was implemented pending an investigation that was never conducted within the prescribed 60-day period, rendering the suspension unsustainable. The remedial action was binding on the HOD, but any decision or resolution affecting the applicant, includ…

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• Public Protector Remedial Action
• Financial Misconduct Investigation
• Suspension Of Public Official
• Principle Of Legality
• Administrative Action Review

Motsoeneng v Public Protector and Others (76591/19)

Motsoeneng v Public Protector and Others (76591/19) [2022] ZAGPPHC 608 (12 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

76591/19

Judge

Neukircher

The court dismissed Hlaudi Motsoeneng’s review of the Public Protector’s report for unreasonable delay, and found no contempt by the SABC.

• Public Protector Remedial Action
• Delay In Review
• Contempt Of Court
• Declaratory Relief
• Doctrine Of Legality
• Public-protector-remedial-action

George Municipality v Van Staden (12734/2020)

George Municipality v Van Staden (12734/2020) [2021] ZAWCHC 195; (2021) 42 ILJ 2714 (WCC) (4 October 2021)

Court

Western Cape High Court, Cape Town

Case number

12734/2020

Judge

M Sher

The court found that the municipality's delay in instituting review proceedings was egregious and unreasonable, spanning several years from when it ought reasonably to have become aware of the irregularities in the appointment process. The explanation provided for the delay was materially unsatisfactory, and the municipality failed to act with the requisite diligence expected of an organ of state. The irregularity in the appointment process was not manifestly unlawful or unconstitutional, but rather an inadvertent breach of municipal policy without evidence of corruption or undue influence. T…

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• Municipal Recruitment Policy
• Unreasonable Delay
• Legality Review
• Public Protector Remedial Action
• Appointment Of Municipal Staff

Mbedzi v Director General, Department of International Relations and Cooperation and Others (55063/2020)

Mbedzi v Director General, Department of International Relations and Cooperation and Others (55063/2020) [2021] ZAGPPHC 596 (14 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

55063/2020

Judge

Makhoba

The High Court ordered DIRCO to retrospectively upgrade an employee’s foreign posting rank and pay backdated COLA, holding the Public Protector’s remedial action should be implemented.

• Public Protector Remedial Action
• Cost Of Living Allowance
• Public Service Regulations
• Employment Benefits
• Retrospective Upgrading
• Administrative-law

Chubisi v South African Broadcasting Corporation (SOC) Ltd and Others (J 1169/20)

Chubisi v South African Broadcasting Corporation (SOC) Ltd and Others (J 1169/20) [2020] ZALCJHB 218; (2021) 42 ILJ 395 (LC) (2 November 2020)

Court

Labour Court Johannesburg

Case number

J 1169/20

Judge

Tlhotlhalemaje

The Labour Court found that the applicant's claim was not grounded in unfair dismissal or unfair labour practice, but rather in the unlawful and invalid termination of her contract of employment by the SABC through a 'non-recognition' notice. The concept of 'non-recognition of a contract of employment' is foreign to the LRA and does not constitute a dismissal as defined in section 186(1). The applicant did not rely on the unfairness provisions of the LRA, and her claim was not disguised as unfairness. The Court held that, in circumstances where the basis of termination cannot be classified as…

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• Unlawful Termination
• Jurisdiction Of Labour Court
• Declaratory Relief
• Public Protector Remedial Action
• Contract Of Employment