South Africa Case Law

Asiphephe Primary School v Head of Department: Department of Education KZN (D723/2023)

Asiphephe Primary School v Head of Department: Department of Education KZN (D723/2023) [2024] ZALCD 51 (9 December 2024)

Court

Labour Court Durban

Case number

D723/2023

Judge

Allen-Yaman

The Labour Court dismissed a school’s review of the Department’s delay in appointing a principal, holding s158(1)(h) of the LRA was unavailable to the school and governing body.

• Employment Of Educators Act
• School Governing Body Powers
• Promotion Of Administrative Justice Act
• Standing In Review Applications
• Lra-section-158-1-h
• School-governing-body-powers

All 4 Security Services CC and Others v City of Cape Town and Others (11496/2021)

All 4 Security Services CC and Others v City of Cape Town and Others (11496/2021) [2022] ZAWCHC 236 (18 November 2022)

Court

Western Cape High Court, Cape Town

Case number

11496/2021

Judge

A.G. Binns-Ward

The court found that the tender advertisement failed to adequately inform potential tenderers, particularly registered security service providers, of the nature of the services to be procured, rendering the process non-compliant with the City's supply chain management policy and section 217(1) of the Constitution. The expert evidence on the meaning of 'facilities management' did not override the court's duty to interpret the advertisement. The applicants had standing to challenge the process, especially as own-interest parties asserting constitutional rights. The remedy granted was just and e…

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• Municipal Procurement
• Tender Advertisement Clarity
• Standing In Review Applications
• Just And Equitable Remedy

Goldrush Group Management (Pty) Limited v Chairperson of the Western Cape Gambling and Racing Board and Others (4793/19)

Goldrush Group Management (Pty) Limited v Chairperson of the Western Cape Gambling and Racing Board and Others (4793/19) [2021] ZAWCHC 86 (20 April 2021)

Court

Western Cape High Court, Cape Town

Case number

4793/19

Judge

Kusevitsky

The High Court set aside the Western Cape Gambling Board’s decision to allocate 1,000 additional limited pay-out machines to existing operators without re-advertising.

• Promotion Of Administrative Justice Act
• Licensing Of Gambling Machines
• Procedural Fairness
• Delay In Review
• Market Power And Competition
• Standing In Review Applications

WDR Earthmoving Enterprises and Another v Joe Gqabi District Municipality and Others (392/2017)

WDR Earthmoving Enterprises and Another v Joe Gqabi District Municipality and Others (392/2017) [2018] ZASCA 72 (30 May 2018)

Court

Supreme Court of Appeal

Case number

392/2017

Judges

Navsa, Swain, Davis, Pillay, Hughes

The Supreme Court of Appeal held that the requirement to submit three years of audited annual financial statements was a peremptory statutory obligation under the Municipal Supply Chain Management Regulations and the tender conditions. Both the appellants and the fourth respondent declared they were legally obliged to submit such statements but failed to do so. The municipality had no discretion to condone non-compliance with this requirement. The appellants' bid was correctly declared non-responsive, and their appeal on this point failed. However, the fourth respondent's bid was also non-res…

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• Municipal Supply Chain Management
• Tender Non Responsiveness
• Standing In Review Applications
• Preferential Procurement Policy Framework Act
• Returnable Documents
• Judicial Review

Mbuyazi v Premier of the Province of KwaZulu-Natal and Others (2367/2010)

Mbuyazi v Premier of the Province of KwaZulu-Natal and Others (2367/2010) [2017] ZAKZPHC 61 (10 May 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2367/2010

Judge

Sishi

High Court refused leave to appeal in a chieftainship and review dispute, holding that the deceased’s review claim was personal and no longer transmissible.

• Standing In Review Applications
• Chieftainship Disputes
• Leave To Appeal Requirements
• Consolidation Of Actions
• Rescission Of Orders
• Leave-to-appeal