South Africa Case Law

Road Freight Association v Chief Fire Officer Emakhazeni and Others (72263/2012)

Road Freight Association v Chief Fire Officer Emakhazeni and Others (72263/2012) [2015] ZAGPPHC 1031 (17 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

72263/2012

Judge

C.P. Rabie

The court declared a fee-charging emergency-services practice unlawful, interdicted it, and granted leave for a class action to recover money paid.

• Fraudulent Misrepresentation
• Unlawful Exercise Of Public Power
• Class Action Certification
• Standing Under Constitution
• Interdictory Relief
• Condictio Indebiti

Mbana and Others v Minister For Higher Education and Training and Others (3359/2014)

Mbana and Others v Minister For Higher Education and Training and Others (3359/2014) [2015] ZAECPEHC 27 (16 April 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3359/2014

Judge

J M Roberson

The court found that the decision to appoint Deloitte & Touche Ltd to conduct an investigation into the affairs of Eastcape Midlands College constituted administrative action under PAJA, as it had the capacity to affect the rights of the applicants, including their employment status and reputation. The respondents failed to identify any empowering provision authorising the Director-General or Minister to appoint such an investigation outside the mechanism provided by section 46(1) of the CET Act. Reliance on Treasury Regulation 8.4.1 and the PFMA was misplaced, as these did not apply to publi…

Source excerpt

• Promotion Of Administrative Justice Act
• Unlawful Administrative Action
• Jurisdiction Of High Court
• Standing Under Constitution
• Powers Of Minister
• Forensic Investigation

South African Municipal Workers Union v EThekwini Municipality and Others (1973/2013)

South African Municipal Workers Union v EThekwini Municipality and Others (1973/2013) [2015] ZAKZDHC 31 (9 April 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

1973/2013

Judge

Olsen

The court found that the applicant's claims regarding the appointment of the fourth respondent and the failure to institute disciplinary proceedings had already been adjudicated through arbitration and related proceedings in the appropriate forum, namely the Bargaining Council and Labour Court. The arbitrator's award was final and binding, and the applicant had not challenged it nor pursued available remedies such as contempt proceedings. The court held that the applicant was attempting to relitigate matters already decided, amounting to forum-shopping, which is impermissible. The principle o…

Source excerpt

• Collective Bargaining Agreement
• Disciplinary Proceedings
• Res Judicata
• Municipal Employment
• Standing Under Constitution