South Africa Case Law

Corruption Watch (RF) NPC v Speaker of the National Assembly and Others (CCT 333/23)

Corruption Watch (RF) NPC v Speaker of the National Assembly and Others (CCT 333/23) [2025] ZACC 15 (1 August 2025)

Court

Constitutional Court

Case number

CCT 333/23

Judges

Madlanga ADCJ, Dambuza AJ, Goosen AJ, Kollapen J, Mhlantla J, Opperman AJ, Rogers J, Theron J, Tshiqi J

The National Assembly failed to comply with its constitutional obligation to facilitate reasonable public involvement in the appointment of Commissioners to the Commission for Gender Equality. The information provided to the public was insufficient, as the CVs of shortlisted candidates were not published, and the justification based on POPIA was incorrect. The 14-day comment period was unreasonably short, and the use of an online form with a character limitation further restricted meaningful participation. These procedural deficiencies rendered the appointment process unconstitutional. The ap…

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• Public Participation
• Appointment Of Chapter 9 Commissioners
• Access To Information
• Protection Of Personal Information Act
• Remedial Orders
• Costs In Constitutional Litigation

Masindwa v Hi Way Motors (Pty) Ltd and Another (NCT/347179/2024/75(1)(b))

Masindwa v Hi Way Motors (Pty) Ltd and Another (NCT/347179/2024/75(1)(b)) [2025] ZANCT 30 (18 June 2025)

Court

National Consumer Tribunal

Case number

NCT/347179/2024/75(1)(b)

Judges

CJ Ntsoane, Z Ntuli, MC Peenze

The Tribunal found a vehicle repairer failed to diagnose and repair a consumer’s vehicle properly under the CPA and ordered further repair within ten business days.

• Consumer Protection Act
• Quality Of Service
• Supplier Liability
• Remedial Orders
• Consumer-protection-act
• Vehicle-repairs

Fono and Another v Port St Johns Municipality (1271/2022)

Fono and Another v Port St Johns Municipality (1271/2022) [2024] ZASCA 161 (22 November 2024)

Court

Supreme Court of Appeal

Case number

1271/2022

Judges

Mocumie, Mabindla-Boqwana, Smith, Mjali, Mantame

The SCA set aside a demolition order for unlawful construction, but confirmed that the builder had to regularise the work under SPLUMA and may be ordered to comply.

• Building Regulations
• Spatial Planning
• Municipal By Laws
• Customary Law Vs Municipal Law
• Remedial Orders
• Demolition Orders

South African Petroleum Industry Association v Fuel Retailers' Association (28818/2014)

South African Petroleum Industry Association v Fuel Retailers' Association (28818/2014) [2023] ZAGPJHC 1301 (13 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

28818/2014

Judge

Ingrid Opperman

The High Court dismissed SAPIA’s application for leave to appeal, holding that the challenge targeted the judgment’s reasoning rather than the operative order.

• Judicial Review Of Administrative Action
• Ministerial Discretion
• Petroleum Regulation
• Remedial Orders
• Vertical Integration
• Procedural Fairness

SAMWU obo Gwejane and Others v City of Ekurhuleni Metropolitan Municipality (J 646/20)

SAMWU obo Gwejane and Others v City of Ekurhuleni Metropolitan Municipality (J 646/20) [2021] ZALCJHB 467 (8 February 2021)

Court

Labour Court Johannesburg

Case number

J 646/20

Judge

Mabaso

The Labour Court dismissed a contempt application over non-compliance with a certified arbitration award, but directed the municipal manager to ensure compliance within 15 days.

• Contempt Of Court
• Arbitration Award Enforcement
• Review Application
• Certification Of Award
• Civil Contempt
• Remedial Orders

Qwelane v South African Human Rights Commission and Another (686/2018)

Qwelane v South African Human Rights Commission and Another (686/2018) [2019] ZASCA 167; [2020] 1 All SA 325 (SCA); 2020 (2) SA 124 (SCA); 2020 (3) BCLR 334 (SCA) (29 November 2019)

Court

Supreme Court of Appeal

Case number

686/2018

Judges

Navsa, Wallis, Dambuza, Van der Merwe, Dolamo

Section 10(1) of PEPUDA, as drafted, is unconstitutional because it extends far beyond the permissible limitations on freedom of expression set out in section 16(2)(c) of the Constitution. The section's threshold is impermissibly low, capturing speech that is merely 'hurtful' or 'harmful' without requiring advocacy of hatred or incitement to cause harm. This overbreadth and vagueness result in an unjustifiable limitation of protected expression, failing to provide clear guidance to citizens and officials. The extension of prohibited grounds to include sexual orientation is constitutionally pe…

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• Hate Speech
• Freedom Of Expression
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Constitutional Invalidity
• Bill Of Rights Limitation
• Remedial Orders

Herbert N.O. and Others v Senqu Municipality and Others (CCT 308/18)

Herbert N.O. and Others v Senqu Municipality and Others (CCT 308/18) [2019] ZACC 31; 2019 (11) BCLR 1343 (CC); 2019 (6) SA 231 (CC) (22 August 2019)

Court

Constitutional Court

Case number

CCT 308/18

Judges

Cameron, Froneman, Jafta, Khampepe, Ledwaba, Madlanga, Mhlantla, Nicholls, Theron

The Constitutional Court confirmed the High Court's declaration that section 1 of the Land Affairs General Amendment Act 61 of 1998 and section 25A of the Upgrading of Land Tenure Rights Act 112 of 1991 are inconsistent with section 9(1) of the Constitution to the extent that they exclude section 3 from applying to the entire Republic. The Court found that the differentiation created by these provisions is irrational, perpetuates the discriminatory effects of apartheid, and unjustifiably limits the right to equality before the law. No legitimate government purpose was advanced to justify the…

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• Equality Before The Law
• Land Tenure Reform
• Discriminatory Legislation
• Constitutional Invalidity
• Remedial Orders

Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others (CCT40/15)

Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others (CCT40/15) [2016] ZACC 22; 2016 (5) SA 635 (CC); 2016 (10) BCLR 1277 (CC) (28 July 2016)

Court

Constitutional Court

Case number

CCT40/15

Judges

Mogoeng, Moseneke, Bosielo, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Nkabinde, Zondo

The Constitutional Court held that Parliament, specifically the National Council of Provinces, failed to satisfy its constitutional obligation to facilitate public involvement in passing the Restitution of Land Rights Amendment Act 15 of 2014. The truncated timeline, inadequate notice, and failure to properly consider public input rendered the process unreasonable and constitutionally invalid. The Court declared the Amendment Act invalid, but limited the retrospective effect of the order to the date of judgment to avoid prejudice to claimants who had already lodged claims in good faith. The C…

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• Public Participation
• Section 72 Obligation
• Restitution Of Land Rights
• Invalidity Of Legislation
• Remedial Orders
• Costs Award

Solidarity and Others v Department of Correctional Services and Others (CCT 78/15)

Solidarity and Others v Department of Correctional Services and Others (CCT 78/15) [2016] ZACC 18; (2016) 37 ILJ 1995 (CC); 2016 (5) SA 594 (CC); [2016] 10 BLLR 959 (CC); 2016 (10) BCLR 1349 (CC) (15 July 2016)

Court

Constitutional Court

Case number

CCT 78/15

Judges

Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Nkabinde J, Nugent AJ, Van der Westhuizen J, Zondo J

The Constitutional Court held that the Department of Correctional Services' 2010 Employment Equity Plan was unlawful to the extent that it failed to take into account both national and regional demographic profiles as required by section 42 of the Employment Equity Act. The Plan's numerical targets did not constitute rigid quotas because they allowed for deviations, but the benchmark used to determine overrepresentation was incorrect. As a result, the Department's refusal to appoint Coloured and female applicants in the Western Cape, based on the flawed benchmark, amounted to unfair discrimin…

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• Employment Equity Act
• Affirmative Action
• Unfair Discrimination
• Numerical Targets Vs Quotas
• Regional Demographics
• Remedial Orders

AllPay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others (CCT 48/13)

AllPay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others (CCT 48/13) [2015] ZACC 7; 2015 (6) BCLR 653 (CC) (24 March 2015)

Court

Constitutional Court

Case number

CCT 48/13

Judges

Mogoeng, Cameron, Froneman, Jappie, Khampepe, Madlanga, Molemela, Nkabinde, Tshiqi

The Constitutional Court clarified its supervisory order in the social grants tender dispute and held that parties may only seek further relief from that Court.

• Structural Interdict
• Supervisory Jurisdiction
• Public Tender Review
• Remedial Orders
• Access To Court
• Social Grants Distribution