Institute for Economic Justice and Another v Minister of Social Development and Others (071891/2023) [2025] ZAGPPHC 324 (18 March 2025)
Court
North Gauteng High Court, Pretoria
Case number
071891/2023
Judge
Twala M L
The High Court granted leave to appeal to the Supreme Court of Appeal against its whole judgment, citing public interest, complexity, and the interests of justice.
Gore v Rand Mutual Assurance Company Ltd (A5045/2022) [2024] ZAGPJHC 732; [2024] 4 All SA 510 (GJ) (13 August 2024)
Court
South Gauteng High Court, Johannesburg
Case number
A5045/2022
Judges
Maier-Frawley, Manoim, Allen
The High Court restored Vincent Gore’s revised COIDA award, holding the tribunal misread section 51 and wrongly placed an onus on him; the lateness objection failed.
Afriforum NPC and Another v Member of the Executive Council, Department of Social Department, Mpumalanga and Others (3935/2020) [2024] ZAMPMBHC 4 (24 January 2024)
Court
Mbombela High Court, Mpumalanga
Case number
3935/2020
Judge
N Mazibuko
High Court structural interdict in a subsidy dispute for disabled residents at Sunfield, with CPI-linked future increases, re-screening orders, and no costs.
Mashao NO v Government Employees Pension Fund and Others (5382/2022) [2023] ZAGPJHC 655 (6 June 2023)
Court
South Gauteng High Court, Johannesburg
Case number
5382/2022
Judge
De Vos AJ
The Court found that section 26(1) of the Government Employees Pension Law, 1996 does not require the submission of a Z102 form and that the Fund's refusal to process the claim on this basis is unlawful and irrational. The Fund is obliged to pay benefits within 60 days of them becoming payable and must communicate directly with claimants under Rule 22. The Fund's conduct in stonewalling the applicant and shifting blame to the Department is inconsistent with statutory and constitutional obligations, including the right to social security and fair administrative action. The Court held that the…
Eastern Cape NGO Coalition v MEC for Social Development EC [2021] ZAECGHC 33 (16 March 2021)
Court
Eastern Cape High Court, Grahamstown
Case number
2460/2018
Judge
A Govindjee
The High Court held that subsidy reductions for NGOs were irrational and unlawful because the Department failed to consult meaningfully, but refused compensation or setting aside.
Eastern Cape NGO Coalition v MEC for the Department of Social Development, Eastern Cape Province (2460/2018) [2021] ZAECGHC 36 (16 March 2021)
Court
Eastern Cape High Court, Grahamstown
Case number
2460/2018
Judge
A Govindjee
The court held that NGO subsidy reductions were unlawful because the Department failed to conduct genuine consultation, but it declined to set aside the allocations or award compensation.
Murugan v Minister of Labour and Others (12805/2011) [2018] ZAKZDHC 25 (26 April 2018)
Court
Kwazulu-Natal High Court, Durban
Case number
12805/2011
Judge
Graham Lopes
The court found that the applicant did not give his attorney a mandate to withdraw the main application, only to remove it from the roll for hearing. The purported withdrawal was therefore a nullity and did not extinguish the applicant's rights to pursue compensation under the Act. Section 33 of the Compensation for Occupational Injuries and Diseases Act prohibits the relinquishment of statutory benefits, and the applicant could not have validly agreed to withdraw his claim in a manner that compromised his right to social security. The withdrawal of proceedings does not resolve the substantiv…
Source excerpt
Compensation For Occupational Injuries And Diseases Act
Pretorius and Another v Transport Pension Fund and Another (CCT95/17) [2018] ZACC 10; [2018] 7 BLLR 633 (CC); 2018 (7) BCLR 838 (CC); (2018) 39 ILJ 1937 (CC); 2019 (2) SA 37 (CC) (25 April 2018)
The Constitutional Court held that the applicants' claims based on the 1989 promise were not vague or embarrassing and disclosed valid causes of action in contract, unlawful state action, and unfair labour practice. The Court found that the contractual claim was sufficiently pleaded and that the principle established in KZN allows for claims against the state based on unconscionable conduct, even if the conduct could also amount to administrative action under PAJA. The unfair labour practice claim was not precluded by the absence of a current employment relationship, as section 23(1) of the C…
Ngalo v South African Social Security Agency (SASSA) (2740/11) [2013] ZAECMHC 4; [2013] 2 All SA 347 (ECM) (14 February 2013)
Court
Eastern Cape High Court, Mthatha
Case number
2740/11
Judge
LP Pakade
The respondent unreasonably delayed processing and notifying the applicant of the outcome of her care dependency grant application. The application was made on 27 January 2009, with a second application on 20 January 2011, but notification of approval was only given on 22 November 2011 after litigation commenced. The court found that, in the absence of a statutory time frame, notification must occur within a reasonable time, which is three months for social grant applications. The delay of over two years was wholly unreasonable and prejudicial to the applicant. The respondent's argument regar…
Wiese v Government Employees Pension Fund and Others (16893/09) [2011] ZAWCHC 110; [2011] 4 All SA 280 (WCC) (1 July 2011)
Court
Western Cape High Court, Cape Town
Case number
16893/09
Judge
Bozalek
The court found that the Government Employees Pension Law, by failing to apply the 'clean break' principle to former spouses of Fund members, results in irrational and unfair differentiation compared to the position under the Pension Funds Act for private pension funds. This differentiation violates section 9(1) of the Constitution, as it does not bear a rational connection to a legitimate government purpose and unjustifiably prejudices a class of persons. The court held that the Law is constitutionally invalid to the extent of this inconsistency. However, given ongoing legislative review and…
