South Africa Case Law

Morudu v University of the Free State (5797/2022)

Morudu v University of the Free State (5797/2022) [2023] ZAFSHC 415 (20 October 2023)

Court

Free State High Court, Bloemfontein

Case number

5797/2022

Judge

Mhlambi

The court found that the applicant had complied with all academic requirements for the diploma before the accreditation lapsed. The respondent's interpretation of the Higher Education Act was incorrect, as the legislation did not extinguish the applicant's vested right to the qualification. The court held that the relevant statutory provisions should be interpreted prospectively, and that the applicant's right to the diploma was not affected by the subsequent lapse of accreditation. The respondent conceded that qualifications registered on the NQF remain valid even after their registration pe…

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• Higher Education Act
• Accreditation Of Qualifications
• Joinder Of Parties
• Retrospective Application Of Statutes

Taxpayer A v Commissioner for the South African Revenue Services (IT 25042)

Taxpayer A v Commissioner for the South African Revenue Services (IT 25042) [2022] ZATC 7; 85 SATC 246 (14 July 2022)

Court

Tax Court

Case number

IT 25042

Judges

Molitsoane, Liebenberg, Mathibela

The court found that the finance charges (raising fees, debt origination fees, structuring fees) incurred by the appellant in connection with loans for property development and investment were closely connected to the obtaining of the loans and the production of income. These charges formed part of the total cost of borrowing and were inextricably linked to the interest payable under the loan agreements. The court held that, under section 24J of the Income Tax Act as it stood prior to the 2017 amendment, such finance charges constituted 'related finance charges' and were deductible. The court…

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• Income Tax Deductions
• Interest And Finance Charges
• Understatement Penalty
• Retrospective Application Of Statutes

Goosen-Joubert v Women4Women NPC (16325/2021)

Goosen-Joubert v Women4Women NPC (16325/2021) [2022] ZAWCHC 82 (16 May 2022)

Court

Western Cape High Court, Cape Town

Case number

16325/2021

Judge

B P Mantame

PAIA application against a private non-profit succeeded in part. The court applied pre-amendment PAIA, rejected retrospectivity, and ordered disclosure of specified financial records.

• Promotion Of Access To Information Act
• Non Profit Organisation Compliance
• Right To Information
• Procedural Fairness
• Retrospective Application Of Statutes
• Paia

Director of Public Prosecutions Western Cape v Regional Magistrate Wynberg and Others (8999/2020)

Director of Public Prosecutions Western Cape v Regional Magistrate Wynberg and Others (8999/2020) [2021] ZAWCHC 201; [2022] 1 All SA 154 (WCC); 2022 (1) SACR 8 (WCC) (13 October 2021)

Court

Western Cape High Court, Cape Town

Case number

8999/2020

Judges

Nziweni, T C Ndita

The High Court held that sections 58, 59 and 60 of the Sexual Offences Act are procedural and apply to sexual offence prosecutions instituted after commencement.

• Retrospective Application Of Statutes
• Sexual Offences
• Procedural Vs Substantive Law
• Transitional Provisions
• Fair Trial Rights
• Retrospective-application-of-statutes

Minister of Environmental Affairs and Another v ArcelorMittal South Africa Limited (342/2019)

Minister of Environmental Affairs and Another v ArcelorMittal South Africa Limited (342/2019) [2020] ZASCA 40 (17 April 2020)

Court

Supreme Court of Appeal

Case number

342/2019

Judges

Petse, Swain, Mokgohloa, Mbatha, Koen

The Supreme Court of Appeal held that AMSA's Newcastle operations and BOF slag disposal site, established in the 1970s, were not subject to the retrospective application of the ECA, NEMA, or NEM:WA. The definition of 'waste' in NEM:WA does not encompass materials that are not unwanted, rejected, or abandoned, and AMSA's BOF slag, both 'current arisings' and 'reclaimed slag', retained commercial value and was recycled for sale. The issuance of decommissioning and construction licences did not extinguish AMSA's pre-existing rights, as s 80(4) of NEM:WA explicitly allows continued operation unti…

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• Waste Management Licensing
• Statutory Interpretation
• Retrospective Application Of Statutes
• Review Of Administrative Action
• Declaratory Relief

Bouwer v Attorneys Fidelity Fund and Another (88030/2018)

Bouwer v Attorneys Fidelity Fund and Another (88030/2018) [2020] ZAGPPHC 79 (29 January 2020)

Court

North Gauteng High Court, Pretoria

Case number

88030/2018

Judge

Kubushi

The High Court ordered the Attorneys Fidelity Fund to pay R1 million for stolen trust money, holding that the applicant’s accrued right was enforceable under the Legal Practice Act.

• Attorneys Fidelity Fund Claim
• Excussion Requirement
• Retrospective Application Of Statutes
• Interpretation Act
• Legal Practice Act Procedure
• Attorneys-fidelity-fund-claim

Director General: Department of Employment and Labour and Another v Green Secure Group (P76/2018)

Director General: Department of Employment and Labour and Another v Green Secure Group (P76/2018) [2019] ZALCPE 16; (2020) 41 ILJ 189 (LC) (23 August 2019)

Court

Labour Court Port Elizabeth

Case number

P76/2018

Judge

Van Niekerk

The Labour Court held it retained jurisdiction over a compliance-order application that was pending when section 77A(a) of the BCEA was repealed.

• Basic Conditions Of Employment Act
• Retrospective Application Of Statutes
• Jurisdiction Of Labour Court
• Pending Applications
• Compliance Orders
• Labour-court-jurisdiction

Minister of Environmental Affairs and Another v Arcelomittal South Africa Limited (86171/2016)

Minister of Environmental Affairs and Another v Arcelomittal South Africa Limited (86171/2016) [2019] ZAGPPHC 1031 (14 March 2019)

Court

North Gauteng High Court, Pretoria

Case number

86171/2016

Judge

Molefe

The High Court granted leave to appeal and ordered its earlier judgment to operate pending appeal, finding public-importance issues under waste law and exceptional circumstances.

• National Environmental Management Waste Act
• Waste Management Licensing
• Retrospective Application Of Statutes
• Promotion Of Administrative Justice Act
• Exceptional Circumstances Execution
• Irreparable Harm

Emakhasaneni Community v Minister of Rural Development and Land Reform and Others, Entembeni v Minister of Rural Development and Land Reform and Others, Mthonjaneni Community v Minister of Rural Development and Land Reform and Others (LCC 03/2009, LCC 230/2009, LCC 201/2013)

Emakhasaneni Community v Minister of Rural Development and Land Reform and Others, Entembeni v Minister of Rural Development and Land Reform and Others, Mthonjaneni Community v Minister of Rural Development and Land Reform and Others (LCC 03/2009, LCC 230/2009, LCC 201/2013) [2019] ZALCC 27; 2019 (4) SA 286 (LCC) (6 March 2019)

Court

Land Claims Court

Case number

LCC 03/2009, LCC 230/2009, LCC 201/2013

Judges

Canca, Sibeko

The Land Claims Court held that the Minister was not bound by the Valuer-General’s figures, rejected the late Notice, and upheld the prior court order on compensation.

• Just And Equitable Compensation
• Property Valuation Act
• Settlement Agreement Enforcement
• Promotion Of Administrative Justice Act
• Retrospective Application Of Statutes
• Waiver Of Statutory Rights

F.B and Others v Minister of Home Affairs and Others (11659/2018)

F.B and Others v Minister of Home Affairs and Others (11659/2018) [2018] ZAWCHC 153 (12 November 2018)

Court

Western Cape High Court, Cape Town

Case number

11659/2018

Judge

N P Boqwana

The Court held that D P B is a South African citizen by birth because both parents were lawfully admitted for permanent residence at the time of his birth, satisfying the requirements of section 2(1)(b) of the pre-amendment Citizenship Act. The negative construction of section 2(2) operates as a disqualification only where one parent lacks permanent residence and the other is not a citizen; this was not the case here. The Court rejected the respondents' argument for retrospective application of the amended provision, finding that such application would unlawfully interfere with vested rights.…

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• Citizenship By Birth
• Births And Deaths Registration Act
• Retrospective Application Of Statutes
• Permanent Residence
• Child Rights