South Africa Case Law

Sebigi v Strauss (LANC161/2024; LANC161/2024B)

Sebigi v Strauss (LANC161/2024; LANC161/2024B) [2025] ZALCC 2 (15 January 2025)

Court

Land Claims Court

Case number

LANC161/2024; LANC161/2024B

Judge

Flatela

The Court found that the First Respondent's actions—removal of the roof, windows, and doors, disconnection of water and electricity, and installation of a disruptive alarm—constituted constructive eviction, violating the Applicant's rights under sections 5 and 6 of ESTA and section 26 of the Constitution. The evidence showed that the Applicant was an occupier entitled to ESTA protections and that the alternative accommodation offered was inadequate and undignified. The Court held that the Rental Housing Tribunal lacked jurisdiction over ESTA matters and its order for arrear rental was a nulli…

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• Extension Of Security Of Tenure Act
• Constructive Eviction
• Restoration Of Rights
• Urgent Eviction
• Suitable Alternative Accommodation
• Review Of Tribunal Decision

National Credit Regulator v National Consumer Tribunal and Others (707/2022)

National Credit Regulator v National Consumer Tribunal and Others (707/2022) [2023] ZASCA 133; [2024] 1 All SA 67 (SCA) (17 October 2023)

Court

Supreme Court of Appeal

Case number

707/2022

Judges

Ponnan, Mbatha, Hughes, Weiner, Nhlangulela

The Supreme Court of Appeal held that the National Consumer Tribunal could not permit the appeal to resurrect a challenge to its condonation ruling; the High Court’s order stood and the appeal was dismissed.

• National Credit Act
• Condonation Of Late Filing
• Supplementary Affidavit
• Powers Of Tribunal
• Consumer Protection
• Review Of Tribunal Decision

Benfield v Health Professions Council of South Africa and Others (58064/17)

Benfield v Health Professions Council of South Africa and Others (58064/17) [2023] ZAGPPHC 721 (21 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

58064/17

Judge

Millar

High Court review of an HPCSA Tribunal decision under PAJA succeeded where the record was incomplete and the reasons did not rationally support the finding.

• Promotion Of Administrative Justice Act
• Road Accident Fund Act
• Condonation For Late Filing
• Serious Injury Assessment
• Review Of Tribunal Decision
• Administrative-law

Sibanda v Health Professions Council of South Africa and Others (34933/2016)

Sibanda v Health Professions Council of South Africa and Others (34933/2016) [2022] ZAGPPHC 829 (28 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

34933/2016

Judge

C M Rip

High Court review of a Road Accident Fund appeal tribunal decision was granted after the court found relevant expert evidence was ignored and substituted the outcome.

• Promotion Of Administrative Justice Act
• Review Of Tribunal Decision
• Serious Injury Assessment
• Road Accident Fund Act
• Substitution Order
• Administrative-law

Agility Holdings (Pty) Ltd v Company Tribunal and Others (92630/2019)

Agility Holdings (Pty) Ltd v Company Tribunal and Others (92630/2019) [2022] ZAGPPHC 70 (11 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

92630/2019

Judge

N Davis

The High Court reviewed and set aside the Companies Tribunal’s refusal of a default name-change order and upheld costs against the Tribunal.

• Company Name Dispute
• Registered Trademark Infringement
• Review Of Tribunal Decision
• Costs Award Against Statutory Body
• Company-name-dispute
• Trademark-infringement

Badi and Another v East Cape Cycling and Others (3452/2018)

Badi and Another v East Cape Cycling and Others (3452/2018) [2019] ZAECPEHC 82 (5 November 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3452/2018

Judge

N P Jaji

The court found that respondents failed to dispatch a complete record as required by Rule 53(1)(b), including audio recordings and other relevant documents. The tender to make documents available at attorneys' offices did not comply with the Rule, which requires dispatch to the registrar. The filing of the answering affidavit before dispatching the full record was irregular and prejudicial to the applicants, as it impeded their right to supplement their founding affidavit and construct a proper record for review. No proper condonation application was made for the late filing of the answering…

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• Rule 53 Record
• Review Of Tribunal Decision
• Condonation
• Irregular Step
• Production Of Documents

Woodglaze Trading (Proprietary) Limited v Matshekga N.O. and Another (3164/2014)

Woodglaze Trading (Proprietary) Limited v Matshekga N.O. and Another (3164/2014) [2015] ZAKZDHC 17 (2 March 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

3164/2014

Judge

Olsen

The High Court upheld NHBRC fines for 96 un-enrolled homes, rejecting review grounds based on jurisdiction, consolidation of counts, and alleged harshness.

• Administrative Penalty
• Disciplinary Proceedings
• Housing Consumers Protection Measures Act
• Code Of Conduct
• Review Of Tribunal Decision
• Administrative-penalties

Clover Industries Limited and Another v Competition Commission and Others; Ladismith Cheese (Pty) Ltd v Competition Commission of South Africa and Others (81/CAC/Jul08)

Clover Industries Limited and Another v Competition Commission and Others; Ladismith Cheese (Pty) Ltd v Competition Commission of South Africa and Others (81/CAC/Jul08) [2008] ZACAC 3 (12 November 2008)

Court

Competition Appeal Court

Case number

81/CAC/Jul08

Judges

Patel JA, Davis JP, Mailula JA

The Competition Appeal Court held that Mrs Malherbe’s letter was information, not a formal complaint, and dismissed Clover’s appeal and review challenges.

• Corporate Leniency Policy
• Abuse Of Dominance
• Procedural Fairness
• Complaint Referral
• Price Fixing
• Review Of Tribunal Decision

Sesele v Matjhabeng Local Municipality and Others (3426/2005)

Sesele v Matjhabeng Local Municipality and Others (3426/2005) [2005] ZAFSHC 132 (1 September 2005)

Court

Free State High Court, Bloemfontein

Case number

3426/2005

Judge

Rampai

The High Court refused an urgent interdict to stop a municipal disciplinary hearing, finding no reasonable apprehension of bias and no exceptional basis for intervention.

• Recusal Of Presiding Officer
• Interim Interdict
• Disciplinary Proceedings
• Fair Labour Practice
• Review Of Tribunal Decision
• Interim-interdict

SACCAWU and Others v President of the Industrial Tribunal and Another (522/98)

SACCAWU and Others v President of the Industrial Tribunal and Another (522/98) [2000] ZASCA 74; 2001 (2) SA 277 (SCA) ; [2001] 2 All SA 117 (A); (2001) 22 ILJ 1311 (SCA) (29 November 2000)

Court

Supreme Court of Appeal

Case number

522/98

Judges

Melunsky, Hefer, Howie, Plewman, Farlam

The Supreme Court of Appeal held that the appellants failed to prove apprehended bias by an Industrial Tribunal member, and dismissed the appeal with costs.

• Unfair Labour Practice
• Apprehended Bias
• Review Of Tribunal Decision
• Onus Of Proof
• Apprehended-bias
• Tribunal-review