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South Africa Case Law

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Constitutional Law [2024] ZASCA 47

Minister for Transport and Public Works: Western Cape & others v Adonisi and Others (522/2021 & 523/2021)

Minister for Transport and Public Works: Western Cape & others v Adonisi and Others (522/2021 & 523/2021) [2024] ZASCA 47; [2024] 3 All SA 49 (SCA); 2024 (4) SA 499 (SCA); 2024 (11) BCLR 1411 (SCA) (12 April 2024)

Court
Supreme Court of Appeal
Case number
522/2021 & 523/2021
Judges
Dambuza, Zondi, Schippers, Molefe, Unterhalter

The Supreme Court of Appeal held that the principle of constitutional subsidiarity precludes direct reliance on sections 25 and 26 of the Constitution where comprehensive legislation exists to give effect to those rights. The Housing Act and Social Housing Act, together with related statutes, form the primary legal framework for the progressive realisation of the right to adequate housing. The court found no statutory obligation requiring the Province or City to provide social housing at a specific location, such as central Cape Town. The Province and City had implemented policies and program…

Source excerpt

  • Subsidiarity Principle
  • Adequate Housing
  • Social Housing Act
  • Government Immovable Asset Management Act
  • Intergovernmental Relations Framework Act
  • Public Participation
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Land And Property [2023] ZAWCHC 44

Vacation Import (Pty) Ltd v Bumina and Others; Vacation Import (Pty) Ltd v Ngaleka and Others (3852/2022;3855/2022)

Vacation Import (Pty) Ltd v Bumina and Others; Vacation Import (Pty) Ltd v Ngaleka and Others (3852/2022;3855/2022) [2023] ZAWCHC 44 (3 March 2023)

Court
Western Cape High Court, Cape Town
Case number
3852/2022;3855/2022
Judge
Binns-Ward

The court held that although the applicant did not strictly comply with section 4(2) of PIE, the respondents were fully informed of the proceedings, represented by counsel, and had the opportunity to oppose the applications, thereby achieving the object of the statutory provision. The respondents' occupation was found to be unlawful, as they had no valid lease and had refused to regularise their status or vacate the properties. The pending review application, even if successful, would not render the respondents lawful occupiers, nor would it affect the applicant's standing as registered owner…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Municipal Obligations In Eviction
  • Condonation Of Non Compliance
  • Standing Of Registered Owner
  • Review Of Administrative Action
  • Social Housing Act
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Administrative Law [2022] ZAGPJHC 452

Social Housing Regulator Authority v TBGI Holdings (PTY) Ltd and Others (17711/2020)

Social Housing Regulator Authority v TBGI Holdings (PTY) Ltd and Others (17711/2020) [2022] ZAGPJHC 452 (5 July 2022)

Court
South Gauteng High Court, Johannesburg
Case number
17711/2020
Judge
Matsemela

The court found that the Social Housing Regulatory Authority's decision to award grant funding and conclude the CCGA with the First Respondent was unlawful and invalid. The First Respondent failed to meet the land and service criteria under Regulation 19, as it did not have a valid lease with a public sector entity for the required period, and the main lease had been terminated prior to approval. The sub-lease submitted was not compliant, and material facts were concealed from the Applicant. The court held that the Applicant acted in good faith by investigating the irregularities and seeking…

Source excerpt

  • Principle Of Legality
  • Self Review
  • Grant Funding
  • Social Housing Act
  • Public Procurement Irregularity
  • Just And Equitable Remedy
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Land And Property [2021] ZAGPJHC 777

Toproot Property Management (RF) (Pty) Ltd v Mbango and Others (1617/2020)

Toproot Property Management (RF) (Pty) Ltd v Mbango and Others (1617/2020) [2021] ZAGPJHC 777 (30 November 2021)

Court
South Gauteng High Court, Johannesburg
Case number
1617/2020
Judge
S Yacoob

The court found that the applicant, as a social housing institution, has obligations to its tenants beyond the lease agreement, including compliance with the Social Housing Act and relevant regulations. The applicant failed to provide adequate reconciliations, address allegations of overcharging, or engage meaningfully with the respondents' complaints. The procedural requirements under PIE were not fully met, and the applicant's approach disregarded the respondents' vulnerable status and the broader regulatory framework. The court held that eviction would not be just and equitable at this sta…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Social Housing Act
  • Rental Housing Act
  • Just And Equitable Eviction
  • Unfair Practice
  • Exploitative Rental
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Tax Law [2019] ZATC 7

ABC Company v Commissioner of the South African Revenue Services (14106)

ABC Company v Commissioner of the South African Revenue Services (14106) [2019] ZATC 7; 81 SATC 323 (31 January 2019)

Court
Tax Court
Case number
14106
Judge
L. Windell

The court held that ABC Company does not qualify for approval as a public benefit organisation under section 30(3) of the Income Tax Act. The principal object in ABC's Memorandum of Incorporation refers to providing accommodation to 'low to medium income households', which is a relative and imprecise term and does not equate to the fixed income threshold of R15 000 required by paragraph 3(a) of the Ninth Schedule. The court found that accreditation as a social housing institution under the Social Housing Act does not automatically entitle an entity to PBO status, as the statutory power to app…

Source excerpt

  • Public Benefit Organisation Status
  • Income Tax Exemption
  • Social Housing Act
  • Interpretation Of Statutes
  • Memorandum Of Incorporation
  • Constitutional Right To Housing
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.