South Africa Case Law

Mountainlands Estate Owners Association and Others v Mpumalanga Tourism And Parks Agency and Others (1957/2024)

Mountainlands Estate Owners Association and Others v Mpumalanga Tourism And Parks Agency and Others (1957/2024) [2025] ZAMPMBHC 59 (26 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

1957/2024

Judge

Montsho-Moloisane

The court found that the applicants are the registered owners of nine of the thirteen Geosites and that statutory provisions require engagement with landowners prior to any construction activities. The MTPA acted contrary to the National Heritage Resources Act and the Memorandum of Agreement, prompting SAHRA to issue a cessation order halting all works. The court held that the cessation order rendered the application moot, as there was no longer a live dispute or ongoing injury requiring judicial intervention. Even if the application were not moot, the applicants failed to satisfy the require…

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• Heritage Site Management
• Final Interdict
• Statutory Compliance
• Property Rights
• Road Reserve Construction
• Mootness

Dr L J Jordaan Inc v Mather (A2024-089565)

Dr L J Jordaan Inc v Mather (A2024-089565) [2025] ZAGPJHC 471 (2 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024-089565

Judges

NTLAMA-MAKHANYA, MV NOKO

The High Court dismissed an appeal about a foreign-currency loan and exchange control, finding Regulation 2(1) was misapplied and costs followed the result.

• Exchange Control Regulations
• Authorised Dealer
• Illegal Contracts
• Replication
• Statutory Compliance
• Exchange-control

Vuyeka v Road Accident Fund (5986/2023)

Vuyeka v Road Accident Fund (5986/2023) [2025] ZALMPPHC 82 (25 April 2025)

Court

Limpopo High Court, Polokwane

Case number

5986/2023

Judge

Mashifane AJ

Default judgment against the Road Accident Fund was refused because the plaintiff did not prove negligence or statutory compliance.

• Road Accident Fund Act
• Default Judgment
• Loss Of Support
• Negligence
• Statutory Compliance
• Road-accident-fund

Shube v Road Accident Fund (2754/2019)

Shube v Road Accident Fund (2754/2019) [2025] ZAMPMBHC 24 (31 March 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2754/2019

Judge

Mashile

The High Court held that the plaintiff’s RAF claim had prescribed because it was invalid from inception and the required statutory documents were not properly served.

• Road Accident Fund Act
• Prescription Of Claims
• Statutory Compliance
• Personal Injury
• Special Plea
• Proof Of Service

Trustees for Time Being of Mlanduli Residence Trust v Noordman and Others (095370/23)

Trustees for Time Being of Mlanduli Residence Trust v Noordman and Others (095370/23) [2025] ZAGPJHC 60 (27 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

095370/23

Judge

M Ntanga

The court found that the applicant did not establish prospects of success regarding the argument that Rule 35(14) notice and application to compel discovery suspended the timelines for filing an answering affidavit. The authorities relied upon do not support automatic suspension of timelines in application proceedings. However, the applicant raised for the first time on appeal the issue of non-compliance with the Alienation of Land Act, specifically the lack of recordal of the contract and proper statutory notices. The court held that this constitutes a point of law which may be considered on…

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• Leave To Appeal
• Alienation Of Land Act
• Postponement Application
• Discovery Procedure
• Eviction
• Statutory Compliance

Matabicho (Pty) Ltd v Gauteng Provincial Liquor Board and Others (111703/2023)

Matabicho (Pty) Ltd v Gauteng Provincial Liquor Board and Others (111703/2023) [2024] ZAGPPHC 1241 (29 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

111703/2023

Judge

Du Plessis

The High Court reviewed and set aside the Liquor Board’s refusal of a grocers’ wine licence, finding the decision irrational and unsupported by evidence.

• Promotion Of Administrative Justice Act
• Liquor Licensing
• Public Interest
• Review Of Administrative Action
• Statutory Compliance
• Liquor-licensing

Electoral Commission of South Africa v African Independent Congress and Others (0011/23EC)

Electoral Commission of South Africa v African Independent Congress and Others (0011/23EC) [2024] ZAEC 11 (10 May 2024)

Court

Electoral Court

Case number

0011/23EC

Judges

Zondi JA, Modiba J, Adams AJ, Professor Ntlama-Makhanya, Professor Phooko

The Electoral Court held that multiple political parties failed to comply with section 12 of the Political Party Funding Act and imposed administrative penalties.

• Political Party Funding
• Administrative Penalties
• Statutory Compliance
• Audited Financial Statements
• Regulatory Enforcement
• Political-party-funding

Desert Palace Hotel Resort (Pty) Ltd v Northern Cape Gambling Board and Others (11/2023)

Desert Palace Hotel Resort (Pty) Ltd v Northern Cape Gambling Board and Others (11/2023) [2024] ZANCHC 39 (26 April 2024)

Court

Northern Cape High Court, Kimberley

Case number

11/2023

Judges

Williams, Stanton

The court reviewed and set aside a gambling licence decision after finding the board had not properly measured the distance between the premises and a school.

• Promotion Of Administrative Justice Act
• Review Of Administrative Action
• Gambling Licensing
• Procedural Fairness
• Statutory Compliance
• Administrative-law

Chetty v Gihwala and Another (D3187/2022)

Chetty v Gihwala and Another (D3187/2022) [2024] ZAKZDHC 25 (18 March 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D3187/2022

Judge

Sipunzi AJ

The court granted a provisional winding-up of a close corporation after finding a deadlock between equal members in a property-investment venture.

• Winding Up Of Close Corporation
• Deadlock Between Members
• Just And Equitable Ground
• Members Interest
• Statutory Compliance
• Winding-up-of-close-corporation

National Credit Regulator v FC African Trading Enterprise Solutions (Pty) Ltd (NCT/267015/2023/57(1))

National Credit Regulator v FC African Trading Enterprise Solutions (Pty) Ltd (NCT/267015/2023/57(1)) [2024] ZANCT 4 (16 January 2024)

Court

National Consumer Tribunal

Case number

NCT/267015/2023/57(1)

Judges

CJ Ntsoane, A Potwana, S Mbhele

The Tribunal found, on a balance of probabilities, that the respondent repeatedly contravened the National Credit Act and its conditions of registration. The respondent failed to conduct proper affordability assessments, extended reckless credit, overcharged interest and initiation fees, failed to provide required documentation in the prescribed form, and neglected statutory reporting obligations. The respondent did not oppose the application, and all allegations were deemed admitted. The Tribunal concluded that the respondent's conduct constituted prohibited conduct under the NCA and warrant…

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• Credit Provider Registration
• Reckless Lending
• Affordability Assessment
• Administrative Fine
• Consumer Protection
• Statutory Compliance