South Africa Case Law

M.K v Minister of Home Affairs (2025-046181)

M.K v Minister of Home Affairs (2025-046181) [2025] ZAGPPHC 468 (11 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-046181

Judge

GN Moshoana

The court held that it is not empowered to suspend a Form 23 notice issued in the exercise of statutory power under the Immigration Act, absent a judicial review. The applicant's entitlement to an asylum permit expired upon rejection of his asylum claim and appeal; thus, the court cannot order the extension of a non-existent permit. The applicant failed to demonstrate a clear right to a final interdict, as a pending review application does not constitute a protectable right. The rights of the minor children were not properly pleaded or substantiated in the papers, and there was no evidence th…

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• Immigration Act
• Refugees Act
• Interim Interdict
• Judicial Review
• Statutory Powers
• Urgent Application

Ahmed and Another v Refugee Status Determination Officer and Others (077702/2023)

Ahmed and Another v Refugee Status Determination Officer and Others (077702/2023) [2025] ZAGPPHC 220 (4 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

077702/2023

Judge

GN Moshoana

The court held that applicants must first approach the Refugee Reception Officer for an asylum permit and cannot seek mandamus relief without evidence of refusal.

• Refugees Act
• Mandamus
• Judicial Review
• Statutory Powers
• Asylum Permit
• Administrative-law

South African Municipal Workers Union v Maluti-A-Phofong Local Municipality (J235/2018)

South African Municipal Workers Union v Maluti-A-Phofong Local Municipality (J235/2018) [2021] ZALCJHB 442 (13 December 2021)

Court

Labour Court Johannesburg

Case number

J235/2018

Judge

Nkutha-Nkontwana

The Labour Court dismissed an unopposed application for leave to appeal, finding no reasonable prospect of a different outcome and no costs order.

• Leave To Appeal
• Urgent Application
• Interdict
• Mootness
• Statutory Powers
• Breach Of Agreement

South African Society of Physiotherapy v Equine Librium College and Others (16874/2013)

South African Society of Physiotherapy v Equine Librium College and Others (16874/2013) [2017] ZAWCHC 96 (11 September 2017)

Court

Western Cape High Court, Cape Town

Case number

16874/2013

Judge

A.G. Binns-Ward

The court held that the plaintiff is not entitled to interdict the Veterinary Council or the Minister from exercising their statutory powers under the Veterinary and Para-Veterinary Professions Act. The recommendations made by the Council to the Minister do not have a direct effect on the plaintiff, and any adverse consequences would only arise if the Minister accepts such recommendations and acts upon them. The proper remedy for any unlawful administrative action by the Minister is judicial review under PAJA, not a pre-emptive interdict. The court further found that the relief sought would i…

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• Interdictory Relief
• Statutory Powers
• Judicial Review
• Separation Of Powers
• Health Professions Regulation

Phumelela Gaming and Leisure Ltd v Gauteng Gambling Board and Others (2014/39853)

Phumelela Gaming and Leisure Ltd v Gauteng Gambling Board and Others (2014/39853) [2015] ZAGPJHC 257; [2015] 12 BLLR 1243 (LC) (6 November 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2014/39853

Judge

GC Wright

Review dismissed; the High Court held the gambling board acted within its powers and could rely on the applicant’s undertaking to comply with licence conditions.

• Review Of Administrative Action
• Licensing Conditions
• Statutory Powers
• Bookmaking Regulation
• Administrative-law
• Judicial-review

Champagne Falls (Pty) Limited v Department of Water Affairs and Forestry (WT28/08/2006)

Champagne Falls (Pty) Limited v Department of Water Affairs and Forestry (WT28/08/2006) [2009] ZAWT 5 (17 November 2009)

Court

Water Tribunal

Case number

WT28/08/2006

Judges

L.J Lekale, H. Thompson, A.S Makhanya

The Tribunal found no direct evidence that the appellant's afforestation was established for commercial purposes. The respondent's reliance on the size of the plantation was insufficient to infer commercial intent, as the evidence was equally consistent with soil stabilization. Without commercial purpose, the activity does not constitute a water use as defined by section 21 of the National Water Act and thus does not require authorisation under section 22. The Tribunal, acting within its statutory powers, concluded that the directive issued against the appellant was not lawfully justified and…

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• National Water Act
• Stream Flow Reduction Activity
• Afforestation
• Statutory Powers
• Jurisdiction Of Tribunal

Law Society of the Northern Provinces and Another v Law Society of Bophuthatswana (520/09)

Law Society of the Northern Provinces and Another v Law Society of Bophuthatswana (520/09) [2009] ZANWHC 15 (21 May 2009)

Court

North West High Court, Mafikeng

Case number

520/09

Judge

A.M. Kgoele

The court found that the Law Society of Bophuthatswana acted ultra vires by issuing notices to attorneys in the North West Province regarding fidelity fund certificates. Legislative amendments, including the repeal of chapter 2 of the Bophuthatswana Attorneys Act and the enactment of Act 115 of 1998, transferred jurisdiction over fidelity fund matters to the Law Society of the Northern Provinces. The respondent's actions were not supported by statute and were prejudicial to attorneys, potentially causing reputational harm and disruption to the administration of justice. The requirements for a…

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• Ultra Vires Action
• Fidelity Fund Certificates
• Jurisdiction Of Law Societies
• Interdict
• Attorneys Act
• Statutory Powers

All Man Labour Services CC v Service Sector Education & Training Authority (JA12/2007)

All Man Labour Services CC v Service Sector Education & Training Authority (JA12/2007) [2008] ZALAC 14; (2009) 30 ILJ 1052 (LAC) (7 November 2008)

Court

Labour Appeal Court

Case number

JA12/2007

Judges

Davis, Zondo, Leeuw

The Labour Appeal Court held that the respondent was entitled to develop and apply quality assurance criteria as part of its statutory functions under the Skills Development Act. These criteria were reasonably incidental to the proper administration of mandatory grants and were necessary to ensure that grants were paid only to employers who had actually conducted accredited training. The court found that the respondent's policy did not conflict with the Act or Regulations, and that the appellant was not entitled to payment of the full 45% grant without satisfying the additional requirements.…

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• Skills Development Act
• Mandatory Grants
• Quality Assurance Criteria
• Ultra Vires
• Statutory Powers

Sasol Chemical Industries (Pty) Ltd v Competition Commission and Others; Competition Commission of South Africa v Sasol Chemical Industries (Pty) Ltd and Others (45/CR/May06)

Sasol Chemical Industries (Pty) Ltd v Competition Commission and Others; Competition Commission of South Africa v Sasol Chemical Industries (Pty) Ltd and Others (45/CR/May06) [2008] ZACT 43; [2008] 2 CPLR 351 (CT) (2 June 2008)

Court

Competition Tribunal

Case number

45/CR/May06

Judges

D Lewis, Y Carrim, U Bhoola

The Tribunal refused Sasol’s bid to dismiss a competition complaint or recover costs, holding it lacked power to grant such a drastic remedy and finding no actual prejudice.

• Abuse Of Process
• Jurisdiction Of Tribunal
• Costs Award
• Statutory Powers
• Party Status
• Competition-law

Sebogodi v State President and Another (453/89)

Sebogodi v State President and Another (453/89) [1991] ZASCA 61 (23 May 1991)

Court

Supreme Court of Appeal

Case number

453/89

Judges

Joubert, Nestadt, Kumleben, F H Grosskopf, Preiss

The court dismissed an appeal challenging the incorporation of Braklaagte into Bophuthatswana, holding that the State President’s discretion was not unlawfully fettered.

• Exercise Of Discretion
• Incorporation Of Land
• Statutory Powers
• Fettering Of Discretion
• Inter State Agreements
• Administrative-law