South Africa Case Law

Democratic Alliance v African National Congress and Others (31418/2022)

Democratic Alliance v African National Congress and Others (31418/2022) [2025] ZAGPPHC 374 (11 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

31418/2022

Judges

A.P Ledwaba, N.N Bam, M.M Mojapelo

The application for leave to appeal is dismissed because the applicant failed to plead a valid constitutional attack against the ANC's Cadre Deployment Policy and relevant statutory provisions. The court found that the applicant did not impugn specific clauses of the policy, failed to establish how the policy is government policy, and did not demonstrate any application or threat of application by public officials. The applicant's evidence regarding corruption and the policy's implementation was rejected. The court held that the applicant's grounds of appeal do not engage the core finding tha…

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• Leave To Appeal
• Cadre Deployment Policy
• Constitutional Attack
• Public Service Appointments
• Costs Award
• Subsidiarity Principle

Solidarity v Minister of Human Settlements Water and Sanitation (32021/2021)

Solidarity v Minister of Human Settlements Water and Sanitation (32021/2021) [2024] ZAGPPHC 1373; (2024) 45 ILJ 2828 (GP) (31 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

32021/2021

Judge

Swanepoel

The High Court held that the appointment of Cuban engineers to a government department was unlawful because procurement or public service appointment rules were not followed.

• Public Service Appointments
• Procurement Processes
• Section 217 Constitution
• Preferential Procurement Policy Framework Act
• Doctrine Of Legality
• Administrative-law

Financial and Fiscal Commission v Davids and Another (15022/2023)

Financial and Fiscal Commission v Davids and Another (15022/2023) [2024] ZAWCHC 127 (8 May 2024)

Court

Western Cape High Court, Cape Town

Case number

15022/2023

Judge

Salie

The High Court declared two FFC appointments invalid for lack of authority, but refused to set them aside, finding that invalidity alone was just and equitable.

• Principle Of Legality
• Section 172 Remedies
• Public Service Appointments
• Judicial Discretion
• Declaration Of Invalidity
• Principle-of-legality

Landman v Minister of Agriculture, Forestry and Fisheries and Another (J 232/2013)

Landman v Minister of Agriculture, Forestry and Fisheries and Another (J 232/2013) [2024] ZALCJHB 147; [2024] 7 BLLR 746 (LC) (15 March 2024)

Court

Labour Court Johannesburg

Case number

J 232/2013

Judge

D Mahosi

The Labour Court held that the Department unfairly discriminated by not shortlisting the applicant, but awarded compensation rather than promotion.

• Employment Equity Act
• Unfair Discrimination
• Affirmative Action
• Public Service Appointments
• Protected Promotion
• Employment-equity

Myeza v Department of Education for the Province of Kwazulu-Natal and Others (D692/2021)

Myeza v Department of Education for the Province of Kwazulu-Natal and Others (D692/2021) [2023] ZALCD 22 (29 November 2023)

Court

Labour Court Durban

Case number

D692/2021

Judge

Lagrange

The Labour Court dismissed an application to compel signature finalising a public-service appointment and set aside the unauthorised job offer.

• Public Service Appointments
• Delegated Authority
• Review Of Administrative Action
• Costs Order
• Public-service-appointments
• Delegated-authority

Matshayana v Member of the Executive Council, Department of Education and Others (2545/2017)

Matshayana v Member of the Executive Council, Department of Education and Others (2545/2017) [2020] ZAECMHC 37 (27 August 2020)

Court

Eastern Cape High Court, Mthatha

Case number

2545/2017

Judge

Dawood

The court found that the late filing of the fifth respondent's affidavit constituted an irregular step, but no prejudice was demonstrated by the first to fourth respondents. The explanation for the delay was accepted, and condonation was granted. The applicant was not entitled to retrospective appointment or salary from February 2017, as no contract of employment existed prior to August 2017; the offer was only communicated and accepted in July/August 2017. The letter from the fourth respondent was withdrawn, and the applicant was subsequently appointed. No costs order de bonis propriis was w…

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• Public Service Appointments
• Employment Contract Formation
• Irregular Proceedings
• Condonation
• Costs Orders

MEC for Economic Developmemt, Environment & Tourism v Mogahlane (JA42/2016)

MEC for Economic Developmemt, Environment & Tourism v Mogahlane (JA42/2016) [2018] ZALAC 29; (2019) 40 ILJ 315 (LAC); [2019] 4 BLLR 347 (LAC) (31 October 2018)

Court

Labour Appeal Court

Case number

JA42/2016

Judges

Waglay, Davis, Kathree-Setiloane

The Labour Appeal Court held that although there is no prescribed time limit for launching a review under section 158(1)(h) of the LRA, such applications must be initiated within a reasonable time. The appellant delayed almost six months before launching the review, and the explanation for the delay was found to be wholly unreasonable. The court found no merit in the appellant's legal challenge to the respondent's appointment, as the appointment process complied with the relevant regulations, and the respondent's qualifications had been verified. The selection committee properly recommended t…

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• Review Of Administrative Action
• Unreasonable Delay
• Public Service Appointments
• Condonation
• Legality Review

Mabata v Member of the Executive Council Safety, Security and Liason Limpopo and Another (1264/2017)

Mabata v Member of the Executive Council Safety, Security and Liason Limpopo and Another (1264/2017) [2018] ZALMPPHC 35 (30 May 2018)

Court

Limpopo High Court, Polokwane

Case number

1264/2017

Judge

Semenya MV

The court held that the applicant's complaint, as a civil servant aggrieved by the failure to be appointed to a post despite a panel recommendation, is a labour-related dispute governed by the Labour Relations Act. The High Court does not have jurisdiction to adjudicate such matters, which fall within the exclusive jurisdiction of the Labour Court. The applicant's attempt to frame the dispute under PAJA does not alter its essential nature. Furthermore, the applicant failed to satisfy the requirements for an interim interdict, as she has alternative remedies available under the LRA, did not de…

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• Jurisdiction Of High Court
• Administrative Action
• Interim Interdict
• Public Service Appointments
• Alternative Remedies

Nkuna v Minister of Police and Another (53261/17)

Nkuna v Minister of Police and Another (53261/17) [2018] ZAGPPHC 401 (21 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

53261/17

Judge

S.S Madiba

The High Court ordered disclosure of interview results, recommendations, and reasons for non-appointment to a brigadier post under PAIA, and awarded costs to the applicant.

• Promotion Of Access To Information Act
• Constitutional Right Of Access
• Internal Remedies Exhaustion
• Public Service Appointments
• Promotion-of-access-to-information-act
• Access-to-information

Letsogo v Department of Economy and Enterprise Development and Others (JR350/16)

Letsogo v Department of Economy and Enterprise Development and Others (JR350/16) [2018] ZALCJHB 48; (2018) 39 ILJ 851 (LC) (9 January 2018)

Court

Labour Court Johannesburg

Case number

JR350/16

Judge

Goldberg

The Labour Court reviewed an award after the selection panel unlawfully changed advertised criteria, excluding the only qualified candidate and appointing an unqualified respondent.

• Unfair Labour Practice
• Promotion Of Administrative Justice Act
• Public Service Appointments
• Protected Promotion
• Condonation
• Review Of Arbitration Award