South Africa Case Law

Robertson v National Commissioner of the South African Police Services and Others (Appeal) (A291/2021)

Robertson v National Commissioner of the South African Police Services and Others (Appeal) (A291/2021) [2025] ZAGPPHC 361 (10 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

A291/2021

Judges

Myburgh, Kubushi, Mali

The majority held that the administrative authorities erred in refusing the renewal of the appellant's firearm licences solely on the basis that they were issued under section 15, without considering his dedicated hunter status and the possibility of renewal under section 16. The court found that the distinction between section 15 and section 16 licences is not material to the rights conferred by the licence itself, and that the renewal process should be governed by the applicant's status and motivation at the time of application. The counter application to review the 2009 decision was dismis…

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• Firearms Control Act
• Renewal Of Licences
• Administrative Review
• Statutory Interpretation
• Transitional Arrangements
• Separation Of Powers

Mamusa Local Municipality v Phetla and Others (UM117/2022)

Mamusa Local Municipality v Phetla and Others (UM117/2022) [2023] ZANWHC 57 (22 May 2023)

Court

North West High Court, Mafikeng

Case number

UM117/2022

Judge

A H Petersen

The High Court dismissed leave to appeal in a municipal disciplinary dispute, holding the 2014 financial misconduct regulations governed proceedings started after 1 July 2014.

• Municipal Disciplinary Regulations
• Financial Misconduct
• Transitional Arrangements
• Leave To Appeal
• Costs Award
• Leave-to-appeal

Thendele and Another Legal Practice Council and Others (10641/2020)

Thendele and Another Legal Practice Council and Others (10641/2020) [2022] ZAGPPHC 170 (28 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

10641/2020

Judge

E van der Schyff

The High Court held that BProc graduates were not barred from registering practical vocational training contracts and read Regulation 6 to include them.

• Legal Practitioners Admission
• Transitional Arrangements
• Constitutional Invalidity
• Practical Vocational Training
• Regulation Interpretation
• Legal-practitioners-admission

Molala v Metsimaholo Local Municipality and Others (5464/2018)

Molala v Metsimaholo Local Municipality and Others (5464/2018) [2019] ZAFSHC 267 (20 August 2019)

Court

Free State High Court, Bloemfontein

Case number

5464/2018

Judge

PE Molitsoane

The High Court held that disciplinary charges of financial misconduct had to be dealt with under the 2014 Regulations, and interdicted the municipality from continuing unlawfully.

• Municipal Regulations
• Disciplinary Procedure
• Financial Misconduct
• Interdict
• Jurisdiction
• Transitional Arrangements

Herman v Minister of Justice And Constitutional Development and Another (67151/2013)

Herman v Minister of Justice And Constitutional Development and Another (67151/2013) [2013] ZAGPPHC 381 (19 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

67151/2013

Judge

S P Mothle

The court dismissed an application for leave to appeal, holding there were no reasonable prospects of success on the sheriff retirement-age and appointment issues.

• Retirement Age Of Sheriffs
• Transitional Arrangements
• Leave To Appeal
• Costs Order
• Leave-to-appeal
• Sheriff-retirement-age

Holcim (South Africa) Pty) Ltd v Prudent Investors (Pty) Ltd and Others (641/09)

Holcim (South Africa) Pty) Ltd v Prudent Investors (Pty) Ltd and Others (641/09) [2010] ZASCA 109; [2011] 1 All SA 364 (SCA) (17 September 2010)

Court

Supreme Court of Appeal

Case number

641/09

Judges

MPATI P, CLOETE, HEHER, CACHALIA, TSHIQI

The Supreme Court of Appeal held that the definition of 'old order mining right' in Schedule II to the Mineral and Petroleum Resources Development Act 28 of 2002 does not require mining operations to have been conducted on every cadastral unit covered by a mining licence prior to the Act's commencement. The focus is on whether mining operations were being conducted in respect of the mining authorisation as a whole. The licence area is treated as a unified entity, and inactivity on specific portions does not sever those properties from the rights conferred by the licence. The objects of the Tr…

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• Mineral And Petroleum Resources Development Act
• Old Order Mining Rights
• Security Of Tenure
• Transitional Arrangements
• Access To Land
• Interpretation Of Statutes

Phillips & 77 Employees of the Ciskei Corporation v Premier,Province of the Eastern Cape and Others (313/1997)

Phillips & 77 Employees of the Ciskei Corporation v Premier,Province of the Eastern Cape and Others (313/1997) [2008] ZAECHC 143 (22 August 2008)

Court

High Courts - Eastern Cape

Case number

313/1997

The court found that the Ciskei Corporation was an organ of state, established, controlled, and dissolved by the government, and that its employees' rights to pensions and taxes were protected by transitional constitutional provisions. The evidence showed that the government made clear and unambiguous promises and undertakings to pay the outstanding pensions and taxes, which created a tacit contractual obligation enforceable under South African law. The respondents' denial of liability was rejected as a bare denial unsupported by the facts. Although the doctrine of legitimate expectation of s…

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• Organ Of State Definition
• Transitional Arrangements
• Legitimate Expectation
• Tacit Contract
• Pension Rights
• Tax Liabilities

Mashavha v President of the Republic of South Africa and Others (CCT 67/03)

Mashavha v President of the Republic of South Africa and Others (CCT 67/03) [2004] ZACC 6; 2005 (2) SA 476 (CC); 2004 (12) BCLR 1243 (CC) (6 September 2004)

Court

Constitutional Court

Case number

CCT 67/03

Judges

Van der Westhuizen, Chaskalson, Langa, Madala, Mokgoro, Moseneke, O'Regan, Sachs, Skweyiya, Yacoob

The Court held that the Social Assistance Act 59 of 1992 is a law dealing with matters referred to in section 126(3) of the interim Constitution, specifically those requiring uniform norms and standards and minimum standards for public services. The Act cannot be effectively regulated by provincial legislation due to South Africa's history of inequality and the constitutional imperative of equality and dignity. The assignment of the Act's administration to provinces by presidential proclamation was therefore invalid. The Court confirmed the High Court's order of invalidity, but for different…

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• Assignment Of Executive Authority
• Social Assistance
• Provincial Vs National Competence
• Suspension Of Invalidity
• Transitional Arrangements
• Uniformity Of Public Services

Phike v South African National Defence Force (Defence Special Tribunal DST-J1/00)

Phike v South African National Defence Force (Defence Special Tribunal DST-J1/00) [2001] ZALC 152; 2002 (3) SA 648 (LC); (2001) 22 ILJ 2298 (LC); [2001] 12 BLLR 1404 (DST) (28 September 2001)

Court

Labour Court

Case number

DST-J1/00

Judge

A A Landman

The court held that the applicant, as a member of APLA, became entitled to integration into the SANDF by operation of law following the constitutional amendments. His resignation from the SANDF in 1995 did not preclude his entitlement to reinstatement, as the legal framework provided for the inclusion of APLA members after the 1996 constitutional amendment. The administrative procedures for interim service agreements were found to be subordinate to the statutory provisions governing integration. The applicant was therefore entitled to reinstatement in the SANDF with retrospective effect to th…

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• Integration Of Non Statutory Forces
• Employee Definition
• Reinstatement
• Transitional Arrangements
• Jurisdiction Of Labour Court

Coin Security Group (Pty) Ltd v Minister of Labour and Others (18/2000)

Coin Security Group (Pty) Ltd v Minister of Labour and Others (18/2000) [2001] ZASCA 78; 2001 (4) SA 285 (SCA); (2001) 22 ILJ 2399 (SCA); [2001] 11 BLLR 1193 (SCA) (1 June 2001)

Court

Supreme Court of Appeal

Case number

18/2000

Judges

Hefer, Schutz, Scott, Streicher, Farlam

The Supreme Court of Appeal held that demarcation disputes over a surviving industrial council agreement had to be decided by the Industrial Court, not the High Court.

• Demarcation Dispute
• Industrial Council Agreement
• Jurisdiction
• Transitional Arrangements
• Collective Agreement Definition
• Labour-law