South Africa Case Law

NB LA Masia Football Club v Marumo Gallants Football Club and Others (2024/064618)

NB LA Masia Football Club v Marumo Gallants Football Club and Others (2024/064618) [2024] ZAGPJHC 645 (26 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/064618

Judge

Goedhart

The High Court dismissed an urgent review of a football arbitration award, holding that the arbitrator acted within his discretion and the sanction was not irrational.

• Promotion Of Administrative Justice Act
• Judicial Review Of Arbitration
• Urgency In Civil Procedure
• Sports Regulation
• Sanctions For Misconduct
• Substitution Of Decision

Blue Moonlight Properties 39 (Pty) Ltd v Valuation Appeals Board for City of Johannesburg 2013 General Valuation Roll & Another (37752/2021)

Blue Moonlight Properties 39 (Pty) Ltd v Valuation Appeals Board for City of Johannesburg 2013 General Valuation Roll & Another (37752/2021) [2024] ZAGPJHC 486 (10 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

37752/2021

Judge

ML Senyatsi

The High Court dismissed a review of a municipal property valuation dispute, holding that internal remedies were not exhausted and no reviewable decision existed.

• Municipal Property Rates Act
• Property Valuation
• Prescription Of Debt
• Review Of Administrative Action
• Internal Remedies Exhaustion
• Substitution Of Decision

Frey's Food Brands (Pty) Ltd v Minister of Trade and Industry and Others (71808/18)

Frey's Food Brands (Pty) Ltd v Minister of Trade and Industry and Others (71808/18) [2022] ZAGPPHC 623 (18 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

71808/18

Judge

Barnes

The court found that the ad hoc committee of the DTI unlawfully applied Version 4 of the guidelines to the applicant's appeal, despite the fact that Version 2 was in force at the time of the original application. The retrospective imposition of stricter requirements was impermissible and rendered the committee's decision reviewable. The committee also failed to consider the improved B-BBEE plan submitted by the applicant. On the evidence, had Version 2 been applied, the applicant's appeal would have succeeded. The court held that substitution was appropriate, upholding the appeal and ordering…

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• Review Of Administrative Action
• Economic Incentive Scheme
• Bbbee Compliance
• Substitution Of Decision
• Costs Punitive Scale

Nkwe Wildlife Reserve and Security Services CC v National Commissioner of the South African Police Service and Others (34199/20)

Nkwe Wildlife Reserve and Security Services CC v National Commissioner of the South African Police Service and Others (34199/20) [2021] ZAGPPHC 564 (27 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

34199/20

Judge

G Malindi

The High Court reviewed and set aside the refusal of firearm licence renewals, finding the 2011 SAPS Circular aligned competency certificates with licence validity.

• Firearms Control Act
• Competency Certificate
• Judicial Review
• Administrative Reasoning
• Substitution Of Decision
• Firearms-control

Gamede v Public Protector (99246/2015)

Gamede v Public Protector (99246/2015) [2018] ZAGPPHC 865; 2019 (1) SA 491 (GP) (29 August 2018)

Court

North Gauteng High Court, Pretoria

Case number

99246/2015

Judge

De Vos

The High Court held that the Public Protector’s preliminary refusal to provide information was not administrative action under PAJA and dismissed the review with costs.

• Promotion Of Administrative Justice Act
• Administrative Action
• Review Of Administrative Decision
• Substitution Of Decision
• Administrative-law
• Judicial-review

Sun International (South Africa) Limited v Chairperson of the North West Gambling Review Tribunal and Others (M255/2017)

Sun International (South Africa) Limited v Chairperson of the North West Gambling Review Tribunal and Others (M255/2017) [2018] ZANWHC 62 (25 May 2018)

Court

North West High Court, Mafikeng

Case number

M255/2017

Judge

N Gutta

The court found that Freeplay credits are non-cashable and created by SISA without any monetary value received from players. As such, their use does not increase SISA's revenue and cannot be considered an 'amount deducted from a player's slot account' for the purposes of calculating the drop under Regulation 73(3). The purpose of the regulation is to impose a levy on actual revenue received, not on credits that do not improve the licensee's financial position. The Tribunal and Board's decisions were materially influenced by errors of law and are reviewable under PAJA. The court held that it w…

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• Promotion Of Administrative Justice Act
• Interpretation Of Regulations
• Gaming Levies
• Review Of Administrative Action
• Substitution Of Decision

Contour Technology (Pty) Limited v Chairperson of the Bid Adjudication Committee: Modimole Local Municipality and Others (92959/2015)

Contour Technology (Pty) Limited v Chairperson of the Bid Adjudication Committee: Modimole Local Municipality and Others (92959/2015) [2017] ZAGPPHC 496 (11 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

92959/2015

Judge

Tuchten

The Municipality failed to comply with the mandatory requirements of the Preferential Procurement Policy Framework Act by not properly scoring the tenders for price and instead relying on functionality and subjective references. This constituted an unlawful exercise of public power and invalidated the award of the tender to Cigicell. The court found that it was not in as good a position as the Municipality to determine the correct award due to unresolved factual disputes regarding the price structure. Accordingly, the matter was remitted to the Municipality for proper re-evaluation in accorda…

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• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Tender Review
• Remittal Of Administrative Decision
• Substitution Of Decision
• Costs Award

Malapane v Glencore Operations South Africa (Pty) Ltd (JR603/15)

Malapane v Glencore Operations South Africa (Pty) Ltd (JR603/15) [2017] ZALCJHB 160 (3 May 2017)

Court

Labour Court Johannesburg

Case number

JR603/15

Judge

Malindi

The Labour Court granted leave to appeal after finding reasonable prospects of success on issues about remittal to the CCMA, credibility findings, and an alleged misdirection on the charge.

• Review Proceedings
• Arbitration De Novo
• Credibility Findings
• Substitution Of Decision
• Labour-law
• Review-proceedings

Masemola v Special Pensions Appeal Board and Another (10448/16)

Masemola v Special Pensions Appeal Board and Another (10448/16) [2016] ZAGPPHC 1253 (15 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

10448/16

Judge

Makhubele

High Court review of a special pension appeal board decision. The court held the board had jurisdiction, set aside its dismissal, and reinstated the pension after a presidential pardon.

• Special Pensions Act
• Presidential Pardon
• Administrative Action Review
• Jurisdiction Of Appeal Board
• Substitution Of Decision
• Special-pensions-act

Bizstorm 51 CC T/A Global Force Security Services v Witzenberg Municipality and Another (13794/13)

Bizstorm 51 CC T/A Global Force Security Services v Witzenberg Municipality and Another (13794/13) [2014] ZAWCHC 83 (30 May 2014)

Court

Western Cape High Court, Cape Town

Case number

13794/13

Judge

Schippers

The court found that the applicant's bid was non-responsive for multiple reasons: failure to provide proof of public liability insurance of at least R5 million, failure to quote on all items in the pricing schedule, and failure to furnish a valid PSIRA certificate. The Municipality's evaluation process was fair and consistent, as all bidders who did not meet the insurance requirement were treated equally. The applicant's argument that it should have been allowed to supplement its bid was rejected, as the bid requirements were clear and strict compliance was necessary to ensure fairness and tr…

Source excerpt

• Public Procurement
• Promotion Of Administrative Justice Act
• Bid Responsiveness
• Substitution Of Decision
• Principle Of Legality