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South Africa decisions
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Ndhlovu v Correctional Supervision Parole Board and Others (2025/16719) [2025] ZAGPJHC 427 (29 April 2025)
The High Court dismissed an urgent review of a parole postponement, holding that no final parole decision had been made and no reviewable administrative action was shown.
The City’s policy and implementation of emergency housing were unreasonable because it adopted no reasonable temporary emergency accommodation policy, excluded inner-city emergency accommodation on a blanket basis, failed to treat the applicants’ circumstances individually, and did not adequately address the foreseeable displacement caused by gentrification and the legacy of spatial apartheid. The Court held that the City’s conduct was unconstitutional to the extent identified and ordered inner-city or near-inner-city temporary emergency accommodation, subject to the applicants remaining resi…
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Legodi v Capricorn District Municipality and Another (2974/2018) [2023] ZALMPPHC 94 (9 October 2023)
The High Court granted condonation but dismissed a review of a municipal appointment, holding that the municipal manager retained discretion and was not bound by the interview panel.
Comroq (Pty) Ltd and Another v Maqubela N.O and Another (68653/2019) [2020] ZAGPPHC 370 (31 July 2020)
The High Court dismissed a review of the refusal of a site and retail licence for a filling station, finding the licensing decisions rational and lawful.
Jacobs NO and Others v Hylton Grange (Pty) Ltd and Others (A139/2019) [2020] ZAWCHC 14; [2020] 2 All SA 89 (WCC); 2020 (4) SA 234 (WCC) (27 February 2020)
The court found that the mushroom composting activities conducted by the appellants on MD93 produced offensive odours, including ammonia and hydrogen sulphide, which regularly and unpredictably invaded neighbouring properties, making living conditions intolerable and impairing the reasonable enjoyment of those properties. The evidence established that the nuisance was ongoing and not merely isolated, and that previous remedial steps had failed to abate the problem. The court held that, in light of constitutional and statutory provisions protecting the right to an environment not harmful to he…
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Walus v Minister of Correctional Services and Others (14694/19) [2019] ZAGPPHC 1029 (12 December 2019)
The High Court reviewed and set aside the Minister’s refusal of parole, finding the reliance on conflicting psychological reports was irrational and unreasonable under PAJA.
Zest Polyurethanes (Pty) Limited v Minister of Trade & Industry (15216/2017) [2019] ZAWCHC 14 (20 February 2019)
The High Court reviewed and set aside the dti’s refusal to pay an approved MCEP grant, holding that it wrongly relied on incorrect employee figures.
Benchmark Signs Incorporated v Muller and Another (J1153/16) [2016] ZALCJHB 238 (7 July 2016)
The Labour Court refused to enforce a three-year nationwide restraint of trade, finding it unreasonable and declining partial enforcement raised too late.
Walus v Minister of Correctional Services and Others (41828/2015) [2016] ZAGPPHC 260 (14 April 2016)
The High Court dismissed the Minister’s application for leave to appeal, finding no reasonable prospect of success and no substantiated conflicting judgment.
Medirite (Pty) Limited v South African Pharmacy Council and Another (197/2014) [2015] ZASCA 27 (20 March 2015)
The Supreme Court of Appeal found that the South African Pharmacy Council failed to provide any factual foundation or motivation for requiring a permanent, floor-to-ceiling wall to demarcate pharmacy premises. The Council did not demonstrate any existing mischief or regulatory failure that necessitated such a drastic measure, nor did it consider less restrictive alternatives. The amendment was therefore arbitrary, irrational, and unreasonable, as it imposed substantial costs and operational burdens without justification. The administrative action was set aside under PAJA for failing to meet t…
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