South Africa Case Law

Zikhali v Minister of Justice and Constitutional Development and Another (D533/2023)

Zikhali v Minister of Justice and Constitutional Development and Another (D533/2023) [2025] ZALCD 28 (28 July 2025)

Court

Labour Court Durban

Case number

D533/2023

Judge

K Allen-Yaman

The court held that the applicant was discharged from the public service by operation of law under section 17(3)(a)(i) of the Public Service Act, as he absented himself from his official duties as an interpreter without permission for a period exceeding one calendar month, despite direct instructions to return to his substantive post. The applicant failed to provide objective evidence that he reported for duty as required, and his attempts to substitute new relief at the hearing were not supported by his pleadings. The court found that no reviewable administrative decision existed, and the ju…

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• Public Service Act
• Deemed Dismissal
• Jurisdictional Requirements
• Reinstatement
• Review Of Administrative Action

Gillespie v Chairperson: Firearms Appeal Board and Another (26396/22)

Gillespie v Chairperson: Firearms Appeal Board and Another (26396/22) [2025] ZAGPPHC 730 (28 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

26396/22

Judge

N V Khumalo

The court found that the applicant, as a non-citizen, was not entitled to repeated or indefinite temporary authorisations for firearm possession under section 21 of the Firearms Control Act. The applicant's pattern of continuous applications distorted the temporary nature intended by the statute, amounting to an attempt to obtain a permanent licence for which he did not qualify. The Registrar's refusal was justified by the lack of a genuine temporary need and inadequate motivation, as required by the regulations. The Appeal Board's decision was reasonable and based on the facts presented, inc…

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• Firearms Control Act
• Temporary Authorisation
• Review Of Administrative Action
• Competency Certificate
• Procedural Fairness

Tridevco (Pty) Ltd and Another v Minister of Agriculture, Land Reform & Rural Development and Others (62/2024)

Tridevco (Pty) Ltd and Another v Minister of Agriculture, Land Reform & Rural Development and Others (62/2024) [2025] ZASCA 110 (23 July 2025)

Court

Supreme Court of Appeal

Case number

62/2024

Judges

Nicholls, Unterhalter, Dawood, Vally, Norman

The majority held that the property does not meet the exclusion criteria under section 1(a) of SALA, as it is not situated in an area where a local area committee was established, despite its inclusion in the Peri-Urban Town Planning Scheme. The Minister's refusal to consent to subdivision was based on the property's high agricultural potential and the need to preserve land for food security, which aligns with the purpose of SALA. However, the Minister failed to consult with the Ekurhuleni Metropolitan Municipality, whose development plans and constitutional obligations could be thwarted by t…

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• Subdivision Of Agricultural Land Act
• Statutory Interpretation
• Municipal Consultation
• Constitutional Duties Of Minister
• Review Of Administrative Action
• Local Government Planning

Pilisanani Trading Enterprise 50 CC v Information Regulator (South Africa) and Others (D1269/2022)

Pilisanani Trading Enterprise 50 CC v Information Regulator (South Africa) and Others (D1269/2022) [2025] ZAKZDHC 45 (16 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D1269/2022

Judge

Olsen

The court held that the Information Regulator's refusal to condone the late submission of the applicant's complaint was reasonable and not reviewable. The applicant failed to provide a full and persuasive explanation for the delay, particularly for the period after it became aware of the legislative requirements. The applicant's ignorance of the law, especially given its legal representation, was not a sufficient excuse. Furthermore, the request for access to records was fatally defective for failing to identify the underlying right to be exercised or protected, as required by PAIA. The Regul…

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• Condonation Of Late Filing
• Review Of Administrative Action
• Promotion Of Access To Information Act
• Failure To Exhaust Internal Remedies
• Unreasonableness
• Irrationality

Rapholo v Gauteng Liquor Board (2025/080377)

Rapholo v Gauteng Liquor Board (2025/080377) [2025] ZAGPPHC 678 (3 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/080377

Judge

Nthambeleni

Urgent interim relief to continue liquor trading was refused. The court struck the application from the roll for lack of urgency and ordered costs against the applicant.

• Liquor Licensing
• Interim Interdict
• Urgency In Motion Proceedings
• Review Of Administrative Action
• Liquor-licensing
• Urgent-applications

Londile and Another v Bikwe and Others (1640/2014)

Londile and Another v Bikwe and Others (1640/2014) [2025] ZAECMHC 63 (27 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1640/2014

Judge

M Mhambi

The court found that the Commission failed to prove its authority to investigate the claim, as there was no evidence of a properly lodged claim or compliance with the prescribed procedures under Section 21 of the Framework Act. The respondents did not provide the necessary lodgment documents or demonstrate that internal remedies were exhausted before referral to the Commission. Furthermore, the applicants were not afforded adequate notice or a fair hearing, violating the requirements of procedural fairness under PAJA and the Constitution. The Premier's decision was based on misinformation reg…

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• Traditional Leadership Disputes
• Procedural Fairness
• Review Of Administrative Action
• Customary Law Application
• Internal Remedies Exhaustion

Montjane v MEC Department of Economic Development Environmental and Tourism Limpopo and Others (3734/2023)

Montjane v MEC Department of Economic Development Environmental and Tourism Limpopo and Others (3734/2023) [2025] ZALMPPHC 119 (23 June 2025)

Court

Limpopo High Court, Polokwane

Case number

3734/2023

Judge

Kganyago

The court found that the applicant's relief, seeking reinstatement as a board member and deputy chairperson, would necessarily affect the rights and interests of the current incumbents, Adv Mahumani and Ms Sethume. Section 5(2) of the new Act prescribes the board's composition, and all positions are filled. Granting the relief without joining these parties would prejudice their legal interests. The test for non-joinder is whether a party has a direct and substantial interest in the outcome, and both Adv Mahumani and Ms Sethume meet this criterion. The point in limine of non-joinder was upheld…

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• Promotion Of Administrative Justice Act
• Non Joinder
• Review Of Administrative Action
• Board Appointments

SKG Africa (Pty) Ltd v South African Local Government Association and Another (3641/2023)

SKG Africa (Pty) Ltd v South African Local Government Association and Another (3641/2023) [2025] ZAECMKHC 53 (19 June 2025)

Court

Eastern Cape High Court, Makhanda

Case number

3641/2023

Judge

JGA Laing

The court reviewed SALGA’s procurement decision after finding it failed to evaluate all of SKG Africa’s multiple bids and ordered a fresh tender process.

• Public Procurement
• Preferential Procurement Policy Framework Act
• Review Of Administrative Action
• Bid Evaluation
• Just And Equitable Remedy
• Costs Award

Minister of Trade, Industry and Competition and Another v Wina Njalo (RF) (Pty) Ltd (Leave to Appeal) (039592/2025)

Minister of Trade, Industry and Competition and Another v Wina Njalo (RF) (Pty) Ltd (Leave to Appeal) (039592/2025) [2025] ZAGPPHC 617 (18 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

039592/2025

Judge

S. Potterill

The applications for leave to appeal are dismissed on the grounds that there are no reasonable prospects that another court would reach a different conclusion on the issues raised. The Minister's appeal is moot due to the subsequent appointment of Sizekhaya Holdings as the Fourth National Lottery operator and the conclusion of a temporary licence agreement with Ithuba Holdings, rendering the orders sought to be appealed of no practical effect. The NLC's application is dismissed both on the merits and on the basis of peremption, as its conduct and statements in seeking an extension of the susp…

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• Promotion Of Administrative Justice Act
• Mootness
• Peremption
• Review Of Administrative Action
• Procurement Process
• Costs Award

Mjejane Game Reserve Homeowners' Association v Community Schemes Ombud Services and Others (Leave to Appeal) (2023/059686)

Mjejane Game Reserve Homeowners' Association v Community Schemes Ombud Services and Others (Leave to Appeal) (2023/059686) [2025] ZAGPPHC 620 (12 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/059686

Judge

Lesufi

The High Court granted leave to appeal in a dispute about CSOS jurisdiction, conciliation, and whether private HOA rules can override statutory remedies.

• Community Schemes Ombud Service Act
• Leave To Appeal
• Jurisdiction
• Review Of Administrative Action
• Condonation
• Public Vs Private Remedies