South Africa Case Law

Nthandomayenziwe v University of Limpopo and Others (7524/2023)

Nthandomayenziwe v University of Limpopo and Others (7524/2023) [2025] ZALMPPHC 55 (24 March 2025)

Court

Limpopo High Court, Polokwane

Case number

7524/2023

Judge

M Bresler

The court found that the university's decision to terminate the applicant's studies and refuse to confer the Master's degree was procedurally unfair and unlawful. The applicant was admitted, completed all requirements, and was informed of her graduation, creating a legitimate expectation. The university failed to provide her with an opportunity to be heard and did not properly process her internal appeal, violating her rights under PAJA and the Constitution. The university was functus officio after admitting the applicant and could not revisit its decision without judicial review. Although th…

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• Promotion Of Administrative Justice Act
• Procedural Fairness
• Functus Officio
• Substitution Of Administrative Decision
• Legitimate Expectation

University of Limpopo and Others v Simon (Leave to Appeal) (4047/2022)

University of Limpopo and Others v Simon (Leave to Appeal) (4047/2022) [2024] ZALMPPHC 207 (23 December 2024)

Court

Limpopo High Court, Polokwane

Case number

4047/2022

Judge

E Mashamba

The High Court dismissed a leave-to-appeal application, holding there were no reasonable prospects of success and upholding substitution under PAJA.

• Leave To Appeal
• Substitution Of Administrative Decision
• Reasonable Prospects Of Success
• Remittal
• Exceptional Circumstances
• Leave-to-appeal

Olivier v Health Professions Council of South Africa and Others (3887/15)

Olivier v Health Professions Council of South Africa and Others (3887/15) [2024] ZAGPPHC 809 (7 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

3887/15

Judge

Kooverjie

The High Court condoned a late PAJA review, set aside the Appeal Tribunal’s serious-injury decision, and substituted a declaration that the injuries were serious.

• Promotion Of Administrative Justice Act
• Condonation Of Late Review
• Substitution Of Administrative Decision
• Road Accident Fund Act
• General Damages
• Serious Injury Assessment

Omotoso v Director-General of the Department of Home Affairs and Another (1305/2023)

Omotoso v Director-General of the Department of Home Affairs and Another (1305/2023) [2024] ZAECQBHC 42 (11 June 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

1305/2023

Judge

DV Pitt

The High Court reviewed and set aside Home Affairs decisions declaring the applicant a prohibited person, but refused substitution and remitted the matter for reconsideration.

• Immigration Act Section 29
• Judicial Review
• Substitution Of Administrative Decision
• Condonation
• Exceptional Circumstances
• Administrative-law

D.R and Another v Minister of Home Affairs and Others (31862/2022)

D.R and Another v Minister of Home Affairs and Others (31862/2022) [2023] ZAGPPHC 2002 (1 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

31862/2022

Judge

J.S. Nyathi

The High Court reviewed and set aside the refusal of refugee status, finding the decisions irrational and procedurally unfair, and substituted an order recognising the applicants and their children as refugees.

• Refugees Act
• Promotion Of Administrative Justice Act
• Procedural Fairness
• Substitution Of Administrative Decision
• Exhaustion Of Internal Remedies
• Refugee-status

Lichenry (Pty) Limited v MEC: Department of Public Works and Roads: North West Provincial Government and Another (UM 134/2023)

Lichenry (Pty) Limited v MEC: Department of Public Works and Roads: North West Provincial Government and Another (UM 134/2023) [2023] ZANWHC 207 (16 November 2023)

Court

North West High Court, Mafikeng

Case number

UM 134/2023

Judge

Mfenyana

Reconsideration under Rule 6(12)(c) of an urgent tender review was refused, with the court upholding the original substitution-based order.

• Promotion Of Administrative Justice Act
• Judicial Review
• Substitution Of Administrative Decision
• Tender Award
• Exceptional Circumstances
• Urgent-applications

Z.H and Others v Minister of Home Affairs and Another (15279/2021)

Z.H and Others v Minister of Home Affairs and Another (15279/2021) [2022] ZAWCHC 150; [2022] 4 All SA 129 (WCC) (20 July 2022)

Court

Western Cape High Court, Cape Town

Case number

15279/2021

Judge

P. S. Van Zyl

The court found that the Minister and Director-General's refusals of the applicants' permanent residence permits were unlawful, irrational, and unreasonable. The reasons advanced—lack of a valid temporary residence visa and alleged possession of a fraudulent visa—were not supported by evidence and constituted errors of law and irrelevant considerations. The applicants' applications were fully compliant with the Immigration Act, and the family’s fate was inextricably linked to the first applicant’s status. The delay in instituting review was reasonable given the ongoing litigation and pandemic…

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• Promotion Of Administrative Justice Act
• Immigration Permits
• Condonation Of Delay
• Exhaustion Of Internal Remedies
• Prohibited Person Status
• Substitution Of Administrative Decision

Q4 Commercial Properties (Pty) Ltd v Municipal Manager: Madibeng Local Municipality and Others (47686/19)

Q4 Commercial Properties (Pty) Ltd v Municipal Manager: Madibeng Local Municipality and Others (47686/19) [2021] ZAGPPHC 81 (11 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

47686/19

Judge

T P Mudau

High Court ruled a late internal appeal under SPLUMA invalid, but refused to substitute its own decision on township applications under PAJA.

• Promotion Of Administrative Justice Act
• Internal Appeal Procedure
• Township Establishment
• Delay In Administrative Action
• Substitution Of Administrative Decision
• Condonation Of Late Filing

Steyn v Registrar of Medical Schemes (23378/2018)

Steyn v Registrar of Medical Schemes (23378/2018) [2021] ZAWCHC 5; 2021 (3) SA 551 (WCC) (25 January 2021)

Court

Western Cape High Court, Cape Town

Case number

23378/2018

Judge

Lekhukeni AJ

The court found that the Appeal Board failed to afford the applicant procedural fairness by not allowing her to present evidence regarding the hip arthroscopy, which was raised late and not properly ventilated. The Board's reliance on the Momentum application form and findings of arthritis were unsupported by evidence and prejudicial. The applicant was not obliged to disclose the hip arthroscopy, as it occurred outside the relevant period and resulted in no diagnosis. Profmed's representative advised that only conditions within 12 months needed disclosure, creating estoppel. Regarding gastrit…

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• Promotion Of Administrative Justice Act
• Audi Alteram Partem
• Material Non Disclosure
• Medical Scheme Membership
• Judicial Review
• Substitution Of Administrative Decision

Collins Sebola Financial Services (Pty) Ltd v South African Forestry Company SOC (Ltd) and Others (21375/20)

Collins Sebola Financial Services (Pty) Ltd v South African Forestry Company SOC (Ltd) and Others (21375/20) [2021] ZAGPPHC 13 (14 January 2021)

Court

North Gauteng High Court, Pretoria

Case number

21375/20

Judge

Basson

The court found that the award of part of the tender to Phepha MV Security Service was unlawful and procedurally unfair. The Bid Adjudication Committee had twice recommended the applicant as the preferred bidder, based on the highest score under the PPPFA's 90:10 system and after considering all relevant criteria. The subsequent reversal of this recommendation was unexplained, lacked transparency, and was tainted by bias and irregular discount negotiations. The BAC failed to apply objective criteria and disregarded statutory procurement requirements. The applicant was entitled to review and s…

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• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Public Finance Management Act
• Tender Review
• Bias In Administrative Action
• Substitution Of Administrative Decision