South Africa Case Law

Special Investigating Unit v Helicopter and Airplane Logistical Operations (Pty) Ltd and Others (GP07/2023)

Special Investigating Unit v Helicopter and Airplane Logistical Operations (Pty) Ltd and Others (GP07/2023) [2025] ZAST 8 (5 June 2025)

Court

Special Tribunal

Case number

GP07/2023

Judge

Mashile

The Tribunal found that the procurement process for the award and extension of the contract to the joint venture was materially irregular and unlawful. The advertised tender period was changed from 12 months to 3 years after bid closure, limiting competition and violating transparency and fairness. Committee members were not properly appointed in writing, and the construction component failed to comply with CIDB registration and advertising requirements. The contract extension was unauthorised and not approved by the Accounting Officer. These irregularities contravened section 217 of the Cons…

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• Public Procurement
• Irregular Award Of Tender
• Self Review
• Construction Industry Development Board
• Preferential Procurement Policy Framework Act
• Just And Equitable Remedy

Petersen and Others v SASSA (1106/2023; 1139/2023; 1053/2023)

Petersen and Others v SASSA (1106/2023; 1139/2023; 1053/2023) [2024] ZASCA 173; 2025 (3) SA 153 (SCA) (12 December 2024)

Court

Supreme Court of Appeal

Case number

1106/2023; 1139/2023; 1053/2023

Judges

Makgoka, Mbatha, Weiner, Kgoele, Unterhalter

The Supreme Court of Appeal held that SASSA's decision to procure and pay for close protection services for officials of the Department of Social Development and their children was ultra vires the SASSA Act and therefore unlawful. The delay in bringing the review was explained by the sequence of events following the Auditor General's findings and subsequent attempts to recover the expenditure, and was condoned as the interests of justice required the matter to be heard. The claim for repayment was not extinguished by prescription, as the relief sought was a public law remedy and not a debt un…

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• Self Review
• Legality Review
• Undue Delay
• Prescription Act
• Just And Equitable Relief
• Ultra Vires

Premier of Eastern Cape Province and Another v Tikayo (PR225/2022)

Premier of Eastern Cape Province and Another v Tikayo (PR225/2022) [2024] ZALCPE 47; (2025) 46 ILJ 628 (LC) (29 November 2024)

Court

Labour Court Port Elizabeth

Case number

PR225/2022

Judge

Meyerowitz

The court found that the applicants, representing the Office of the Premier, failed to bring the review application within a reasonable time. The calculation of undue delay must be assessed from when the Office of the Premier, as a juristic entity, reasonably ought to have become aware of the alleged irregularity in Mr Tikayo's appointment as CFO. Evidence indicated that the irregularity was apparent as early as October 2019, if not earlier, and the application was only launched three years later without any reasonable explanation for the delay. The court held that such a significant delay is…

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• Undue Delay
• Self Review
• Public Service Regulations
• Appointment Of Public Officials
• Just And Equitable Remedy

City of Tshwane Metropolitan Municipality v Rochville Prop (Pty) Ltd and Others (48401/2019)

City of Tshwane Metropolitan Municipality v Rochville Prop (Pty) Ltd and Others (48401/2019) [2024] ZAGPPHC 1204 (19 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

48401/2019

Judge

C J van der Westhuizen

The High Court reviewed and set aside a municipal appeal tribunal decision granting consent use for a lodge and venue, finding it acted unlawfully.

• Municipal Appeal Tribunal Powers
• Consent Use Application
• Restrictive Title Conditions
• Public Participation
• Self Review
• Condonation

Helios Security and Risk Management CC and Another v College of Cape Town and Others (22265/2023)

Helios Security and Risk Management CC and Another v College of Cape Town and Others (22265/2023) [2024] ZAWCHC 319 (18 October 2024)

Court

Western Cape High Court, Cape Town

Case number

22265/2023

Judge

Vivier, P AJ

High Court review of a college security tender was granted after unlawful bid evaluation and award decisions. The college’s counter-application for consequential relief was dismissed.

• Public Procurement
• Promotion Of Administrative Justice Act
• Procedural Fairness
• Bid Evaluation
• Self Review
• Just And Equitable Remedy

African Exploration Mining and Finance Corporation (SOC) Limited v LME Plant Hire (Pty) Ltd (060853/2023)

African Exploration Mining and Finance Corporation (SOC) Limited v LME Plant Hire (Pty) Ltd (060853/2023) [2024] ZAGPPHC 905 (9 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

060853/2023

Judge

Retief

The Court found that the applicant's delay in bringing the self-review application was unreasonable and inadequately explained, as the applicant failed to provide any substantive justification for not acting sooner. Nevertheless, the Court exercised its discretion to overlook the delay, given the public interest in preventing harm to the public purse and the fact that the rental agreement was concluded for an amount higher than the Board-approved contract price. The Court determined that the rental agreement was invalid due to lack of proper Board approval and breach of procurement conditions…

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• Self Review
• Delay In Legality Review
• Public Procurement
• Just And Equitable Relief
• Contractual Invalidity

William Darier t/a Urban Soccer v City of Tshwane Metropolitan Municipality (18085/2020)

William Darier t/a Urban Soccer v City of Tshwane Metropolitan Municipality (18085/2020) [2024] ZAGPPHC 829 (13 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

18085/2020

Judge

Nyathi

The High Court held that a municipal lease addendum concluded after termination of the original lease was invalid for non-compliance with procurement law.

• Municipal Procurement
• Unlawful Administrative Action
• Condictio Ob Turpem Vel Iniustam Causam
• Self Review
• Lease Agreement Invalidity
• Damages Claim

National Association of Democratic Lawyers and Others v South African Legal Practice Council and Another (2024-071477)

National Association of Democratic Lawyers and Others v South African Legal Practice Council and Another (2024-071477) [2024] ZAGPPHC 800 (7 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-071477

Judge

K Strydom

The court found that the Legal Practice Council (SALPC) was not empowered by Rule 46 or any other statutory provision to declare the October 2023 election irregular or unlawful after voting had closed. Rule 46 prescribes a mandatory process for tallying votes, declaring elected members, and publishing results, leaving no discretion for the SALPC to invalidate the election post hoc. The SALPC's only lawful recourse, if it believed the process was flawed, was to apply for judicial self-review, not to act unilaterally. The applicants established a prima facie right to lawful administrative actio…

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• Interim Interdict
• Ultra Vires
• Self Review
• Legality Review
• Election Of Board Members
• Legal Practice Council Rules

Jet Education Services NPO v Manufacturing Engineering and Related Services Sector Education and Training Authority (2023/070358,2023/071032)

Jet Education Services NPO v Manufacturing Engineering and Related Services Sector Education and Training Authority (2023/070358,2023/071032) [2024] ZAGPJHC 709 (2 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/070358,2023/071032

Judge

F Snyckers

The court held that both the JET and MerSETA applications are matters arising from the Skills Development Act, as they concern the legality of discretionary grants and contracts awarded by MerSETA in fulfilment of its statutory mandate. The statutory ouster in section 31(1) applies broadly to all disputes causally connected to the SDA, not only those directly invoking its provisions. The court rejected the argument that parties could confer jurisdiction on the High Court by consent where a statutory ouster applies. The contracts and disputes in question are central to the statutory functions…

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• Skills Development Act
• Exclusive Jurisdiction
• Self Review
• Discretionary Grants
• Administrative Action
• Jurisdictional Ouster

SA Broadcasting Corporation (SOC) Ltd and Another v Motsoeneng and Others (A2022/046784)

SA Broadcasting Corporation (SOC) Ltd and Another v Motsoeneng and Others (A2022/046784) [2024] ZAGPJHC 688; [2024] 4 All SA 238 (GJ); 2025 (2) SA 571 (GJ) (30 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2022/046784

Judges

Mudau, Malindi, Wilson

The majority held that a debt to the state arising from an unlawful administrative act only falls due when the act is set aside by a court. Until then, the act stands as a fact and prevents the debt from becoming claimable. The Special Tribunal erred in finding that the repayment claim prescribed when the SABC acquired knowledge of the unlawfulness of the scheme. The correct position, supported by authority, is that prescription only begins to run from the date the administrative act is set aside. However, the court found that ordering repayment by the respondents would not be just and equita…

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• Prescription Act
• Unlawful Administrative Action
• Self Review
• Just And Equitable Relief
• Personal Liability Of State Officials