South Africa Case Law

Hlamandana and Another v Premier, Eastern Cape Provincial Government and Others (Leave to Appeal) (2227/2023)

Hlamandana and Another v Premier, Eastern Cape Provincial Government and Others (Leave to Appeal) (2227/2023) [2025] ZAECMHC 61 (8 July 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2227/2023

Judge

Zono

The court found that the applicants' grounds for leave to appeal were without merit. The remittal order was justified under Section 8(1)(c)(i) of PAJA and Section 172(1)(b) of the Constitution, which empower courts to grant just and equitable remedies, including remittal for reconsideration by the administrator. The applicants' argument that the remittal was not sought by any party was rejected, as the relief sought was broad enough to encompass such an order. The court held that the fourth respondent was lawfully appointed and the proceedings were still extant, thus he was not functus offici…

Source excerpt

• Remittal Of Administrative Action
• Just And Equitable Remedy
• Judicial Review
• Punitive Costs
• Statutory Interpretation

Mpilo and Zen Holdings (Pty) Ltd v Minister of Mineral Resources and Energy and Others (3985/2023)

Mpilo and Zen Holdings (Pty) Ltd v Minister of Mineral Resources and Energy and Others (3985/2023) [2025] ZAMPMBHC 32 (5 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

3985/2023

Judge

H F Fourie

High Court review of mining-related administrative decisions was upheld, with impugned decisions set aside, remitted for reconsideration, and a permit preserved pending appeal.

• Promotion Of Administrative Justice Act
• Mining Permit Renewal
• Condonation For Late Filing
• Locus Standi
• Remittal Of Administrative Action
• Administrative-law