South Africa Case Law

Office of Public Protector and Another v Mkhwebane (2024/023495)

Office of Public Protector and Another v Mkhwebane (2024/023495) [2024] ZAGPPHC 577 (21 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/023495

Judge

Janse Van Nieuwenhuizen

The court held that rule 53(4) is designed to allow an applicant to amend the notice of motion and supplement the founding affidavit only insofar as it relates to the grounds of review revealed by the record. The respondent's amended notice of motion and supplementary affidavit introduced new causes of action, including contempt of court and striking out affidavits, which are extraneous to the review and not permitted under rule 53(4). The respondent failed to follow the procedure under rule 28 for such amendments, thereby depriving the applicants of proper notice and the opportunity to objec…

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• Uniform Rules Of Court
• Rule 53 Review
• Irregular Proceedings
• Amendment Of Pleadings

Mawerco (Pty) Ltd v Sithole and Others (322/2023)

Mawerco (Pty) Ltd v Sithole and Others (322/2023) [2024] ZASCA 91 (10 June 2024)

Court

Supreme Court of Appeal

Case number

322/2023

Judges

Ponnan, Matojane, Kgoele, Dawood, Baartman

The SCA held that declaratory relief could not replace a review of the Association’s resolution removing shareholder-appointed directors.

• Removal Of Directors
• Shareholders Agreement
• Declaratory Relief
• Rule 53 Review
• Companies Act
• Board Resolutions

Buffalo City Metropolitan Municipality v Own Haven Housing Association NPC and Another (1217/2019)

Buffalo City Metropolitan Municipality v Own Haven Housing Association NPC and Another (1217/2019) [2024] ZAECELLC 16 (2 April 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

1217/2019

Judge

B Hartle

Leave to appeal was dismissed after the court found no reasonable prospects of success or other compelling reason to hear the matter.

• Public Participation
• Municipal Rates Policy
• Rule 53 Review
• Constitutional Obligation Of Municipalities
• Leave-to-appeal
• Public-participation

Famous Idea Trading 4 (Pty) Ltd t/a Dely Road Courier Pharmacy v Government Employees Medical Scheme and Others (B1205/2023)

Famous Idea Trading 4 (Pty) Ltd t/a Dely Road Courier Pharmacy v Government Employees Medical Scheme and Others (B1205/2023) [2024] ZAGPPHC 69 (5 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

B1205/2023

Judge

Ranchod

The court held that the decision by GEMS to award the tender for medical courier pharmacy services was a commercial decision by a private entity and did not constitute administrative action or the exercise of public power. The relationship between GEMS and its members is contractual, and its procurement decisions are not subject to judicial review under Rule 53 or common law. The court found that Rule 6(5)(d)(iii) may be invoked to raise a dispositive point of law in a Rule 53 review. As the impugned decision is not reviewable, GEMS is not obliged to deliver the record of decision. The review…

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• Rule 53 Review
• Private Procurement
• Jurisdiction
• Common Law Review
• Administrative Action
• Tender Award

Mofokeng v Regional Court Magistrate Nekosi N.O. and Another (3751/2022)

Mofokeng v Regional Court Magistrate Nekosi N.O. and Another (3751/2022) [2023] ZAFSHC 476 (7 December 2023)

Court

Free State High Court, Bloemfontein

Case number

3751/2022

Judges

Mhlambi, Lekhoaba

The court dismissed a Rule 53 review interlocutory application to strike an answering affidavit and heads of argument, finding the timing objection premature.

• Rule 53 Review
• Irregular Proceedings
• Condonation
• Filing Of Affidavits
• Rule-53-review
• Civil-procedure

Mofokeng v Nekosi N.O and Another (3751/2022)

Mofokeng v Nekosi N.O and Another (3751/2022) [2023] ZAFSHC 492 (7 November 2023)

Court

Free State High Court, Bloemfontein

Case number

3751/2022

Judges

Mhlambi, Lekhoaba

The High Court dismissed an interlocutory application to strike an answering affidavit and heads of argument in a Rule 53 review, finding the timing complaint premature.

• Rule 53 Review
• Irregular Proceedings
• Condonation
• Filing Of Affidavits
• Rule-53-review
• Civil-procedure

Sechaba Protection Services CC (Pty) Ltd and Others v Passenger Rail Agency of SA Ltd and Others (3 November 2023) (19976/2019)

Sechaba Protection Services CC (Pty) Ltd and Others v Passenger Rail Agency of SA Ltd and Others (3 November 2023) (19976/2019) [2023] ZAWCHC 280 (3 November 2023)

Court

Western Cape High Court, Cape Town

Case number

19976/2019

Judge

M J Bishop

The Court held that PRASA had not satisfied the requirements of the Hlophe JP Order, which required both the completion and implementation of a tender process and the approval of a contingency safety plan by the Railway Safety Regulator before terminating the Applicants' services. The Regulator's approval was not adequately established, as PRASA failed to provide confirmation from the Regulator's Board or properly delegated official. The tender process was not completed or implemented at the time of the application, and the use of the ACSA Panel was moot. The Court found that ongoing judicial…

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• Structural Interdict
• Public Procurement
• Supervisory Jurisdiction
• Constitutional Obligations
• Rule 53 Review
• Costs Award

Director of Public Prosecutions v Mofokeng (R 3751/2022)

Director of Public Prosecutions v Mofokeng (R 3751/2022) [2023] ZAFSHC 381 (6 October 2023)

Court

Free State High Court, Bloemfontein

Case number

R 3751/2022

Judge

P.E Molitsoane

The High Court removed a condonation application from the roll, holding that a pending Rule 30 dispute over a late answering affidavit should be decided first.

• Condonation
• Lis Pendens
• Rule 53 Review
• Rule 30 Irregular Step
• Lis-pendens
• Rule-53-review

Mohau Molutsi Civil Works (Pty) Ltd and Others v Nala Local Municipality and Others (3719/2023)

Mohau Molutsi Civil Works (Pty) Ltd and Others v Nala Local Municipality and Others (3719/2023) [2023] ZAFSHC 296 (28 July 2023)

Court

Free State High Court, Bloemfontein

Case number

3719/2023

Judge

Opperman

The court granted an urgent interim interdict stopping implementation of a municipal tender, pending a review challenge to the award and corrections made to the bid.

• Interim Interdict
• Tender Review
• Audi Alteram Partem
• Municipal Procurement
• Rule 53 Review
• Interim-interdict

Nobre and Another v Sneech (15236/2018)

Nobre and Another v Sneech (15236/2018) [2023] ZAGPJHC 589 (30 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

15236/2018

Judge

Fisher

The High Court found the respondent in contempt for breaching a vexatious litigant order and imposed a suspended 60-day sentence with attorney-and-client costs.

• Vexatious Litigant
• Contempt Of Court
• Costs Award
• Sequestration
• Rule 53 Review
• Contempt-of-court