South Africa Case Law

Nkosi v Minister of Water and Sanitation and Another (J802/2022)

Nkosi v Minister of Water and Sanitation and Another (J802/2022) [2025] ZALCJHB 152 (25 April 2025)

Court

Labour Court Johannesburg

Case number

J802/2022

Judge

Molotsi

The court found that the applicant's contract was terminated based on a settlement agreement that was prima facie unlawful and resulted in unjustified financial benefit to the applicant, contrary to the CCMA arbitration award and public service regulations. The Director-General's termination was not supported by proper authority, but the court declined to exercise its discretion to grant a declaratory order due to the irregular and unlawful nature of the underlying agreement and the squandering of public funds. Furthermore, the Labour Court lacks jurisdiction under the LRA to declare a termin…

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• Unlawful Termination
• Fixed Term Contracts
• Settlement Agreement
• Public Service Regulations
• Jurisdiction Of Labour Court

National Director of Public Prosecutions v Msimango and Another (62/2022)

National Director of Public Prosecutions v Msimango and Another (62/2022) [2025] ZAECELLC 4 (18 March 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

62/2022

Judge

Cengani-Mbakaza

The court found, on a balance of probabilities, that the second respondent was involved in a corrupt relationship with Makupula and benefited from the award of a PPE supply tender through the acquisition of a Mercedes Benz partially paid for with funds from KUPS Trading. The explanations provided by the respondents regarding the vehicle transactions and registration were implausible and failed to rebut the applicant's case. The court held that the property and the R328 000 paid towards its purchase were proceeds of unlawful activities and constituted an instrumentality of corruption and money…

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• Prevention Of Organised Crime Act
• Forfeiture Of Property
• Corruption
• Money Laundering
• Public Service Regulations
• Gratification

Premier of Eastern Cape Province and Another v Tikayo (PR225/2022)

Premier of Eastern Cape Province and Another v Tikayo (PR225/2022) [2024] ZALCPE 47; (2025) 46 ILJ 628 (LC) (29 November 2024)

Court

Labour Court Port Elizabeth

Case number

PR225/2022

Judge

Meyerowitz

The court found that the applicants, representing the Office of the Premier, failed to bring the review application within a reasonable time. The calculation of undue delay must be assessed from when the Office of the Premier, as a juristic entity, reasonably ought to have become aware of the alleged irregularity in Mr Tikayo's appointment as CFO. Evidence indicated that the irregularity was apparent as early as October 2019, if not earlier, and the application was only launched three years later without any reasonable explanation for the delay. The court held that such a significant delay is…

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• Undue Delay
• Self Review
• Public Service Regulations
• Appointment Of Public Officials
• Just And Equitable Remedy

Nomlala v Chairperson Of Public Service Commission and Others (46739/2021)

Nomlala v Chairperson Of Public Service Commission and Others (46739/2021) [2024] ZAGPPHC 689 (2 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

46739/2021

Judge

Gwala

The court held that the investigation report of the Public Service Commission, including its findings and recommendations, does not constitute administrative action as defined by PAJA. The report does not have direct, external legal effect on the applicant's rights, nor does it finally determine any rights. The recommendations are not binding decisions but merely opinions and advice to the Executive Authority, who may decide whether to implement them. Any adverse effect on the applicant's rights would arise only if the Executive Authority takes further action, such as instituting disciplinary…

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• Promotion Of Administrative Justice Act
• Administrative Action Definition
• Review Of Investigation Report
• Public Service Regulations
• Conflict Of Interest
• Disciplinary Procedure

Hamilton v Member of the Executive Council Responsible for Economic Development, Gauteng and Another (2023/049211)

Hamilton v Member of the Executive Council Responsible for Economic Development, Gauteng and Another (2023/049211) [2024] ZAGPPHC 566 (13 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/049211

Judge

Holland-Muter

The court found that the appointment of the applicant as GCEO was lawfully completed by the former MEC (Parks Tau) in accordance with the recommendation of the Board and the applicable recruitment policy (TPRST). The process was conducted with the knowledge and approval of the former MEC, and all procedural requirements were satisfied. The defences raised by the incoming MEC, including lack of mandate, non-communication, and the need for referral to the Provincial Executive Council, were rejected as lacking merit and not supported by statute or policy. The court held that the appointment was…

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• Appointment Of Public Officials
• Review Of Administrative Action
• Audi Alteram Partem
• Public Service Regulations
• Costs Award

South African Medical Association obo Ntumba v MEC, Department of Health, Eastern Cape and Another (PR 66/2022)

South African Medical Association obo Ntumba v MEC, Department of Health, Eastern Cape and Another (PR 66/2022) [2024] ZALCPE 12; (2024) 45 ILJ 1659 (LC) (12 April 2024)

Court

Labour Court Port Elizabeth

Case number

PR 66/2022

Judge

Tlhotlhalemaje

The applicant, having been dismissed and subsequently tendering his resignation, which the respondents accepted and recorded as a dismissal for misconduct, made an informed choice to abandon his appeal. The lodging of the appeal prior to resignation was rendered moot by the resignation and its acceptance. The respondents were not legally obliged to convene or communicate the outcome of the appeal, nor to unblock the applicant's persal number, as this function falls under the Department of National Treasury and the Department of Public Service and Administration. The prohibition period for re-…

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• Unfair Dismissal
• Mandamus
• Public Service Regulations
• Internal Appeal Procedure

Solidarity v Minister of Health and Others (033367/2022)

Solidarity v Minister of Health and Others (033367/2022) [2024] ZAGPPHC 156; 2024 (5) SA 563 (GP) (29 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

033367/2022

Judge

DN Unterhalter

The court held that the decisions taken by the respondents did not constitute unlawful implementation of the National Health Insurance Bill, but rather lawful planning and capacity creation in anticipation of the Bill becoming law. The distinction between planning and implementation is critical: while the executive may not exercise powers not yet conferred by law, it is both lawful and prudent to prepare for significant legislative changes. The organisational changes, recruitment, and capacity building did not amount to the constitution or operation of the NHI Fund, which can only occur once…

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• Separation Of Powers
• Ultra Vires
• Public Service Act
• Public Service Regulations
• Executive Authority
• Standing

Khan v GPSSBC and Others (JR1260/20)

Khan v GPSSBC and Others (JR1260/20) [2023] ZALCJHB 349 (28 December 2023)

Court

Labour Court Johannesburg

Case number

JR1260/20

Judge

Whitcher

The Labour Court dismissed a review of a condonation ruling, finding the applicant’s three-year delay inadequately explained and his prospects of success poor.

• Condonation
• Unfair Labour Practice
• Incapacity Dismissal
• Public Service Regulations
• Labour-law
• Incapacity-dismissal

Minister of Social Development, Western Cape Provincial Government and Another v Van Reenen and Another (C634/2022)

Minister of Social Development, Western Cape Provincial Government and Another v Van Reenen and Another (C634/2022) [2023] ZALCCT 53 (22 August 2023)

Court

Labour Court Cape Town

Case number

C634/2022

Judge

BN Conradie

The appointments of the respondents to the posts of Chief Director: Service Delivery Management and Co-ordination and Chief Director: Social Welfare and Restorative Services were invalid because the selection committees were not lawfully constituted under the Public Service Regulations. The Provincial Minister, who chaired the committees, was not an employee as required by Regulation 67(1)(a), and in the case of Ms Goosen, the Premier was not the correct executive authority to make the appointment. Despite the invalidity, the court exercised its discretion under section 172(1)(b) of the Const…

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• Principle Of Legality
• Public Service Regulations
• Judicial Review
• Just And Equitable Relief

South African Medical Association Trade Union obo Dr H Rikhotso v MEC: Department Of Health Limpopo Province and Others (J 1773/2022)

South African Medical Association Trade Union obo Dr H Rikhotso v MEC: Department Of Health Limpopo Province and Others (J 1773/2022) [2023] ZALCJHB 65; [2023] 6 BLLR 575 (LC); (2023) 44 ILJ 1779 (LC) (14 March 2023)

Court

Labour Court Johannesburg

Case number

J 1773/2022

Judge

Van Niekerk

The Labour Court held an employer could not unilaterally extend a resignation notice period, but refused to expunge a dismissal recorded during that period.

• Resignation Notice Period
• Unilateral Extension Of Notice
• Public Service Regulations
• Contract Of Employment
• Jurisdiction Under Bcea
• Resignation-notice-period