Legodi v Capricorn District Municipality and Another (2974/2018) [2023] ZALMPPHC 94 (9 October 2023)
Court
Limpopo High Court, Polokwane
Case number
2974/2018
Judge
Bresler
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.
Micro Finance South Africa v Minister of Trade and Industry and Another (16746/2016) [2016] ZAGPPHC 1155 (22 November 2016)
Court
North Gauteng High Court, Pretoria
Case number
16746/2016
Judge
J W Louw
The High Court reviewed and set aside regulations fixing short-term credit fees and interest rates, finding inadequate consultation, reasoning, and statutory compliance.
Walus v Minister of Correctional Services and Others (41828/2015) [2016] ZAGPPHC 260 (14 April 2016)
Court
North Gauteng High Court, Pretoria
Case number
41828/2015
Judge
Janse van Nieuwenhuizen
The High Court dismissed the Minister’s application for leave to appeal, finding no reasonable prospect of success and no substantiated conflicting judgment.
Ricardo v Minister of Correctional Services and Others (32623/2014) [2016] ZAGPJHC 66 (3 February 2016)
Court
South Gauteng High Court, Johannesburg
Case number
32623/2014
Judge
Satchwell
The court found that the recommendations of the NCCS and the decision of the Minister refusing parole were vitiated by reliance on conditions that were impossible for the applicant to fulfil, such as participation in a Gang Management Strategy programme not offered at his prison and undefined requirements for skill development and restorative justice. The respondents failed to provide clear direction or assistance, ignored the applicant's efforts and achievements, and relied on undisclosed psychological reports. These failures amounted to unfair and unreasonable administrative action under PA…
Wynand N.O and Another v MEC for the Dept of Local Government And Housing of the Gauteng Province and Another (20291/2013) [2014] ZAGPJHC 388 (19 December 2014)
Court
South Gauteng High Court, Johannesburg
Case number
20291/2013
Judge
Vally
The court found that the MEC's refusal to condone the late filing of the applicants' appeal was reasonable and supported by the evidence. The applicants failed to provide a satisfactory explanation for the lengthy delay in lodging their appeal, having taken two years to discover the omission and a further eight months to seek condonation. The MEC correctly considered the impact of the delay on the municipality's ability to discharge its duties and the public interest in the finality of administrative decisions. The applicants' grounds for appeal lacked merit, as the categorisation of the unit…
National Association of Welfare Organization and Non-Govermental Organizations and Others v MEC for Social Development, Free State and Others (1719/2010) [2011] ZAFSHC 84 (9 June 2011)
Court
Free State High Court, Bloemfontein
Case number
1719/2010
Judge
C.H.G. Van der Merwe
The court held that the revised Free State social development funding policy still failed to comply with the earlier order and required redrafting within 90 days.
Thebe Ya Bophelo Healthcare Administrators (Proprietary) Limited and Others v National Bargaining Council for the Road Freight Industry and Another (39919/2008) [2009] ZAGPHC 36; (2009) 30 ILJ 1031 (W) (25 February 2009)
Court
High Courts - Gauteng
Case number
39919/2008
Judge
N.P. Willis
High Court review of a tender award for an HIV/AIDS wellness programme was dismissed, despite procedural shortcomings in the tender process.
Head of the Western Cape, Education Department and Others v Governing Body of the Point High School and Others (584/07) [2008] ZASCA 48; 2008 (5) SA 18 (SCA); [2008] 3 All SA 35 (SCA) (31 March 2008)
Court
Supreme Court of Appeal
Case number
584/07
Judges
Hurt, Howie, Mthiyane, Van Heerden, Kgomo
The Supreme Court of Appeal held that the Head of Department failed to properly weigh the Governing Body's recommendations and the significant disparities in candidate suitability against employment equity considerations. The HoD's decision to appoint candidates from within the Western Cape, based solely on speculative future employment equity benefits, was unreasonable and did not strike a reasonable equilibrium between competing interests. The Department's own policy required that employment equity only prevail where candidates were approximately equal in merit, which was not the case here.…
Commissioner for Customs and Excise v Container Logistics (Pty) Ltd, Commissioner for Customs and Excise v Rennies Group Limited t/a Renfreight (196/96, 198/96) [1999] ZASCA 35 (28 May 1999)
Court
Supreme Court of Appeal
Case number
196/96, 198/96
Judges
Hefer, Vivier, Nienaber, Plewman, Farlam
The court held that the Commissioner misdirected himself under the Customs and Excise Act and that common-law judicial review survived the interim Constitution.
