South African Legal Practice Council v Mampana (3638/2023) [2025] ZALMPPHC 61 (26 March 2025)
Court
Limpopo High Court, Polokwane
Case number
3638/2023
Judges
Bresler, Pillay
The High Court dismissed an application to strike an attorney from the roll and a counter-application to review disciplinary findings, citing procedural defects and insufficient factual detail.
Mlambo v Minister of National Department of Home Affairs and Another (94266/2019) [2024] ZAGPPHC 1111 (20 October 2024)
Court
North Gauteng High Court, Pretoria
Case number
94266/2019
Judge
Leso
The court found that the respondents had finalized the applicant's proof of permanent residence application in 2018 but failed to communicate the outcome and reasons directly to the applicant and her attorneys. This delay and referral to another office for collection constituted unreasonable administrative action, violating the applicant's rights under PAJA and the Constitution. The absence of direct communication deprived the applicant of the opportunity to pursue internal remedies or appeal. The court held that the respondents were obliged to communicate the decision and reasons in a prescr…
Maema and Others v Minister of International Relations and Cooperation and Others (831/2020; 15509/20; 15507/20) [2022] ZAGPPHC 736 (28 September 2022)
Court
North Gauteng High Court, Pretoria
Case number
831/2020; 15509/20; 15507/20
Judge
Lazarus
The High Court held that the extension and revocation of embassy employees’ terms of duty were contractual labour matters, not administrative action under PAJA.
W M J Wellen-Griqua Paramount Chief/King and Others v Government of the Republic of South Africa and Others (2998/2018) [2022] ZANCHC 53 (16 September 2022)
Court
Northern Cape High Court, Kimberley
Case number
2998/2018
Judge
C C Williams
The High Court held it lacked jurisdiction to order legal aid in a land restitution matter and dismissed prayers 39 to 41, with no costs order.
Ncitha v Buffalo City Metropolitan Municipality (EL107/2022) [2022] ZAECELLC 21 (25 August 2022)
Court
Eastern Cape High Court, East London Local Court
Case number
EL107/2022
Judge
FBA Dawood
The court dismissed an application for municipal legal representation, finding the criminal charges arose from conduct outside the applicant’s official duties.
Bhati v Minister of Home Affairs (500/09) [2009] ZAECPEHC 16 (28 April 2009)
Court
Eastern Cape High Court, Port Elizabeth
Case number
500/09
Judge
P C van der Byl
The court found that the applicant failed to make out a case for review of the respondent's decision in his founding affidavit, and any attempt to do so in reply was irregular. The evidence showed that the applicant's application for extension of his temporary residence permit was considered, and he was given an opportunity to provide proof of compliance with legal requirements, which he failed to do. The temporary residence permit was issued fraudulently, and the applicant was unlawfully in the country. The order to leave the country did not constitute administrative action under PAJA, as it…
Thomas v Commissioner for Civil Aviation (42402/2007) [2008] ZAGPHC 418 (29 August 2008)
Court
High Courts - Gauteng
Case number
42402/2007
Judge
K. Satchwell
The court found that the Civil Aviation Authority acted beyond its powers in purporting to revoke the applicant's instrument rating. The in-house proficiency test conducted by AirQuarius was not equivalent to an instrument rating proficiency test as defined in the Air Navigation Regulations, and there was no evidence that the regulatory requirements for such a test were met. The CAA relied on regulations that did not authorise revocation of a rating, and its subsequent attempt to justify the action under other regulations was misconceived. The procedures followed by the CAA were procedurally…
Sibande v Department of Labour (Johannesburg Labour Centre) and Others (JR1232/06) [2007] ZALC 30; (2007) 28 ILJ 2049 (LC) (26 April 2007)
Court
Labour Court
Case number
JR1232/06
Judge
Molahlehi
The Labour Court lacks jurisdiction to review the decision of an official of the Department of Labour under section 145 of the Labour Relations Act, as the decision challenged is not an arbitration award issued by the Commission. The applicant failed to exhaust the internal remedies provided by the Unemployment Insurance Act, specifically the appeal procedures set out in section 37. The principle of exhaustion of domestic remedies is well established in South African law and applies to this case. Even if the application were brought under another provision of the Labour Relations Act, the cou…
Gerber v Voorsitter: Komitee oor Amnestie van die Kommissie vir Waarheid en Versoening (21/99) [2001] ZASCA 48; [2001] 3 All SA 442 (A); 2001 (3) SA 1221 (SCA) (27 March 2001)
Court
Supreme Court of Appeal
Case number
21/99
Judges
Hefer, Olivier, Cameron, Brand, Mthiyane
The Supreme Court of Appeal held that the respondent's decision to refuse amnesty was based on a credibility finding against the appellant, specifically rejecting his claim that the murder was politically motivated. The court found no basis for interfering with the respondent's credibility findings, as they were supported by the appellant's failure to mention any political motive in prior proceedings and the absence of any questioning of the deceased about political affiliations during the incident. The court distinguished the appellant's case from the Makgale case, where the political motiva…
Municipality of the City of Cape Town v Cairns NO and Others (641/89) [1991] ZASCA 87; [1991] 2 All SA 483 (A) (23 August 1991)
Court
Supreme Court of Appeal
Case number
641/89
Judges
Joubert, Hefer, Milne, Eksteen, Krieger
The majority held that the Valuation Ordinance confers on the valuation court an unfettered general power of amendment to the valuation roll, which includes the authority to remove individual properties if an objection is upheld. The statutory scheme requires the court to consider and determine every objection, and if an objection to the inclusion of a property is well-founded, the only way to address it is to remove the property from the roll. The judgment distinguished the present case from Hager, noting that the latter concerned the setting aside of an entire roll, whereas the deletion of…
