South Africa Case Law

South Africa Riding for the Disabled Association v Regional Land Claims Commission, Western Cape and Others

SARDA lacked standing because the Constitutional Court's 2017 judgment finally determined that its interest in the restitution proceedings was limited to compensation. SARDA did not bring a proper rescission application against that 2017 order and was therefore not entitled to try to re-open or undermine it through an appeal against the Land Court's 2024 order. Since standing was absent, leave to appeal had to be refused, with costs.

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• Standing
• Intervention
• Rescission
• Finality of judgments
• Costs
• Lawful occupier compensation

Lifestyle Hospitality CC v Vesperdene Mews Body Corporate (3644/22)

Lifestyle Hospitality CC v Vesperdene Mews Body Corporate (3644/22) [2025] ZAWCHC 332 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

3644/22

Judge

Bosch

The court found that the issues raised by the special pleas of prescription and settlement are not sufficiently discrete from the merits of the main action. There is a substantial risk of overlapping evidence, duplication, and potential delays, especially given the ongoing nature of the alleged nuisance and the possibility of appeals. The evidence required for the special pleas would likely be relevant to the merits, and separating them would not result in significant savings of time or costs. The court exercised its discretion to refuse the separation, concluding that it would not be conveni…

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• Separation Of Issues
• Rule 33 4
• Prescription
• Settlement Agreement
• Standing
• Nuisance

Harrison v City of Tshwane Metropolitan Municipality (14012/2022)

Harrison v City of Tshwane Metropolitan Municipality (14012/2022) [2025] ZAGPPHC 747 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

14012/2022

Judge

KF Phahlamohlaka

The High Court dismissed a declaratory application challenging municipal property rates for 2008/2009, finding the applicant lacked a sufficient legal interest after selling the property.

• Municipal Property Rates Act
• Declaratory Relief
• Substantial Compliance
• Jurisdiction Of High Court
• Municipal-property-rates-act
• Declaratory-relief

Society for the Protection of Our Constitution v Government of the Republic of South Africa and Others (2025-062902)

Society for the Protection of Our Constitution v Government of the Republic of South Africa and Others (2025-062902) [2025] ZAGPPHC 588 (6 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-062902

Judge

S. Potterill

The application was dismissed on multiple grounds. The withdrawal of claims against the foreign states rendered the orders sought obsolete, as the Court cannot make orders against parties not cited. The relief sought involved matters of foreign policy, diplomacy, and military intervention, which fall exclusively within the executive domain and are not justiciable. The applicant failed to establish standing, as no infringement of its own rights or those of an identifiable group was demonstrated, and the alleged harm was speculative and unsupported by evidence. The urgency of the matter was not…

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• Separation Of Powers
• Foreign State Immunity
• Standing
• Urgent Interdict
• Genocide Convention
• Jurisdiction

Van Der Westhuizen and Others v Life Healthcare Holdings Group (Pty) Ltd and Others (18544/2023)

Van Der Westhuizen and Others v Life Healthcare Holdings Group (Pty) Ltd and Others (18544/2023) [2025] ZAWCHC 166 (15 April 2025)

Court

Western Cape High Court, Cape Town

Case number

18544/2023

Judge

Wille

The High Court reviewed and set aside a private hospital’s termination of a doctor’s practising privileges, holding the decision was irrational, disproportionate, and constitutionally invalid.

• Promotion Of Administrative Justice Act
• Right Of Access To Healthcare
• Standing
• Hospital Management Policy
• Proportionality And Rationality
• Review Of Administrative Action

Discovery Health (Pty) Ltd v Road Accident Fund and Another (Leave to Appeal) (2023-117206)

Discovery Health (Pty) Ltd v Road Accident Fund and Another (Leave to Appeal) (2023-117206) [2025] ZAGPPHC 363 (9 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-117206

Judges

Mlambo JP, Opperman J, Bam J

The High Court granted Discovery Health leave to appeal against a majority judgment concerning RAF directives, res judicata, standing, and related recovery principles.

• Leave To Appeal
• Res Judicata
• Subrogation
• Standing
• Medical Expenses Recovery
• Superior Courts Act

Zulu v Philip and Another (D3067/2024)

Zulu v Philip and Another (D3067/2024) [2025] ZAKZDHC 7 (25 February 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D3067/2024

Judge

Chetty

A lay complainant sought to strike an attorney from the roll directly. The High Court held the application was premature, as internal LPA remedies were not exhausted.

• Legal Practice Act
• Standing Of Layperson
• Exhaustion Of Internal Remedies
• Striking Off Application
• Legal-practice-act
• Standing

Mothapo Royal Council and Others v Polokwane Local Municipality and Others (92/2025)

Mothapo Royal Council and Others v Polokwane Local Municipality and Others (92/2025) [2025] ZALMPPHC 22 (14 February 2025)

Court

Limpopo High Court, Polokwane

Case number

92/2025

Judge

Makoti

The court found that the applicants failed to establish a clear right to the interdictory relief sought. The Mothapo Royal Council is not a statutory administrative body and lacks lawful authority to issue letters for spaza shop permits. The Council, similarly, is not lawfully constituted under applicable legislation, and neither body can claim administrative powers. The affected spaza shop owners have no standing to dictate which letters the Municipality should accept. The leadership dispute within the traditional community remains unresolved, and the absence of a recognised council or senio…

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• Interdictory Relief
• Traditional Leadership Dispute
• Rule Of Law
• Urgent Application
• Standing
• Customary Law Authority

Independent South African National Civic Organisation (ISANCO) and Others v Nqonqo and Others (2880/2024)

Independent South African National Civic Organisation (ISANCO) and Others v Nqonqo and Others (2880/2024) [2025] ZAFSHC 18 (30 January 2025)

Court

Free State High Court, Bloemfontein

Case number

2880/2024

Judge

Mhlambi

The High Court dismissed ISANCO’s application to declare municipal vacancies and reinstate councillors, finding the relief inconsistent with the Municipal Structures Act.

• Municipal Structures Act
• Party List Vacancies
• Standing
• Condonation
• Costs Award
• Municipal-structures-act

For Real Chicks (Pty) Ltd and Another v Mount Carmel Farms (Pty) Ltd and Others (2021/47326)

For Real Chicks (Pty) Ltd and Another v Mount Carmel Farms (Pty) Ltd and Others (2021/47326) [2025] ZAGPJHC 15 (16 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/47326

Judge

D J Wilson

The High Court dismissed attempts to obtain declaratory and related relief about an informal settlement, holding that affected residents had not been joined and the applicants lacked standing to seek eviction.

• Informal Settlement Regulation
• Declaratory Relief
• Joinder Of Parties
• Prevention Of Illegal Eviction Act
• Environmental Nuisance
• Constitutional Right To Housing