South Africa Case Law

Lewray Investments (Pty) Ltd and Others v City of Johannesburg and Another (11812/2022)

Lewray Investments (Pty) Ltd and Others v City of Johannesburg and Another (11812/2022) [2025] ZAGPJHC 708 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

11812/2022

Judge

M P Motha

The court found that the City of Johannesburg's creation of a non-sectional title category for refuse tariffs was not authorized by the Municipal Systems Act or the City's Tariff Determination By-laws. The enabling provisions require that tariff differentiation be based on delineated categories specified in the by-laws and policies, such as residential, commercial, industrial, and others, but do not recognize a distinction between sectional and non-sectional title properties. The imposition of the non-sectional title tariff was therefore ultra vires and irrational, as it introduced a category…

Source excerpt

• Municipal Tariffs
• Ultra Vires
• Rationality Review
• Local Government Powers
• Service Delivery Charges

Jomane Eiendomme (Pty) Ltd v Magistrate Van Zyl and Another (067/2024)

Jomane Eiendomme (Pty) Ltd v Magistrate Van Zyl and Another (067/2024) [2025] ZASCA 109 (18 July 2025)

Court

Supreme Court of Appeal

Case number

067/2024

Judges

Mbatha, Matojane, Keightley, Coppin, Phatshoane

The Supreme Court of Appeal held that the magistrate acted within her powers under rule 49(1) of the Magistrates' Courts Rules by ordering the plaintiff to file a declaration following rescission of judgment under section 58(1) of the Magistrates' Courts Act. Section 59 of the Act confirms that, in the absence of summons, the request for judgment is the first document in the action, and the subsequent exchange of pleadings is procedurally sound. The magistrate's order was a practical and fair measure to advance the dispute to trial, consistent with the audi alteram partem principle and the ef…

Source excerpt

• Magistrates Courts Act
• Rescission Of Judgment
• Declaration Directive
• Pleadings
• Ultra Vires
• Reviewability

Minister of Home Affairs and Another v Vindiren Magadzire and Another (245/2024)

Minister of Home Affairs and Another v Vindiren Magadzire and Another (245/2024) [2025] ZASCA 81 (6 June 2025)

Court

Supreme Court of Appeal

Case number

245/2024

Judges

Mocumie, Mbatha, Unterhalter, Dawood, Modiba

The SCA dismissed an appeal against interim relief protecting Zimbabwean Exemption Permit holders, finding the order was not redundant despite related final relief.

• Immigration Act Section 31
• Promotion Of Administrative Justice Act
• Interim Interdict
• Ultra Vires
• Constitutional Rights Of Foreign Nationals
• Mootness

Rautenbach and Others v Governing Body of die Hoerskool DF Malan and Another (073/2024)

Rautenbach and Others v Governing Body of die Hoerskool DF Malan and Another (073/2024) [2025] ZASCA 78 (4 June 2025)

Court

Supreme Court of Appeal

Case number

073/2024

Judges

Mokgohloa, Mbatha, Weiner, Smith, Modiba

The Supreme Court of Appeal held that the governing body of a public school has implied statutory power under the Schools Act to change the school's name, as part of its governance functions and fiduciary duty to act in the best interests of the school and its stakeholders. The consultative process adopted was comprehensive, rational, and followed expert advice, ensuring broad stakeholder participation and fair opportunity for input. The decision to change the school's name was rationally connected to the information before the governing body and aligned with the school's values of inclusivit…

Source excerpt

• Schools Act
• Ultra Vires
• Procedural Fairness
• Rationality Review
• Consultation Requirements
• Implied Powers

Waterfall Country Estate (Pty) Ltd and Others v City of Johannesburg and Others (2023/8060881)

Waterfall Country Estate (Pty) Ltd and Others v City of Johannesburg and Others (2023/8060881) [2025] ZAGPJHC 437 (9 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/8060881

Judge

S D J Wilson

The High Court held that Johannesburg’s water-bylaw penalties for unauthorised meters were unlawful because section 111 did not authorise them on these facts.

• Municipal Bylaws
• Ultra Vires
• Principle Of Legality
• Compliance Notices
• Penalties
• Review Of Administrative Action

Berties Van Zyl (Edms) BPK (t/a ZZ2) and Others v Product Control for Agriculture and Another (021530/2022)

Berties Van Zyl (Edms) BPK (t/a ZZ2) and Others v Product Control for Agriculture and Another (021530/2022) [2025] ZAGPPHC 282 (17 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

021530/2022

Judge

Nyathi

The court found that Prokon's Fee Determination was ultra vires the Agricultural Products Standards Act because it allowed fees to be charged not only for actual inspection services rendered but also for uninspected products, amounting to an unlawful levy. The determination was also procedurally unfair under PAJA, as Prokon failed to provide stakeholders with sufficient information to enable meaningful comment, repeating flaws previously identified by the Supreme Court of Appeal. Furthermore, the fee structure was irrational and arbitrary, with no rational connection between the weight-based…

Source excerpt

• Promotion Of Administrative Justice Act
• Ultra Vires
• Procedural Fairness
• Irrationality
• Fee Determination
• Agricultural Products Standards Act

De Saude Sadat Darbandi Immigration Attorneys Incorporated and Others v Acting Provincial Manager, Western Cape Department of Home Affairs and Others (17216/2023)

De Saude Sadat Darbandi Immigration Attorneys Incorporated and Others v Acting Provincial Manager, Western Cape Department of Home Affairs and Others (17216/2023) [2025] ZAWCHC 83 (3 March 2025)

Court

Western Cape High Court, Cape Town

Case number

17216/2023

Judge

CN NZIWENI

The court found that the Department of Home Affairs officials in Cape Town are not authorised by statute or regulation to refuse to accept applications for citizenship or birth registration on the basis of perceived non-compliance. Their role is limited to screening and advising applicants, not making final determinations or rejecting applications. The refusal to accept applications amounts to unlawful gatekeeping, depriving applicants of procedural fairness and access to adjudication, and is ultra vires the Citizenship Act and Births and Deaths Registration Act. The court held that such cond…

Source excerpt

• Ultra Vires
• Procedural Fairness
• Screening Vs Gatekeeping
• Mandamus
• Citizenship Applications
• Birth Registration

Sager v National Credit Regulator (NCT/318886/2024/59(1))

Sager v National Credit Regulator (NCT/318886/2024/59(1)) [2025] ZANCT 7 (21 February 2025)

Court

National Consumer Tribunal

Case number

NCT/318886/2024/59(1)

Judges

MC Peenze, N Maseti, S Hockey

The Tribunal held that NCR circulars limiting DHS editing access were administrative decisions under Chapter 2, not reviewable under section 59 of the NCA.

• National Credit Act
• Debt Counselling
• Administrative Review
• Conditions Of Registration
• Ultra Vires
• Procedural Fairness

Petersen and Others v SASSA (1106/2023; 1139/2023; 1053/2023)

Petersen and Others v SASSA (1106/2023; 1139/2023; 1053/2023) [2024] ZASCA 173; 2025 (3) SA 153 (SCA) (12 December 2024)

Court

Supreme Court of Appeal

Case number

1106/2023; 1139/2023; 1053/2023

Judges

Makgoka, Mbatha, Weiner, Kgoele, Unterhalter

The Supreme Court of Appeal held that SASSA's decision to procure and pay for close protection services for officials of the Department of Social Development and their children was ultra vires the SASSA Act and therefore unlawful. The delay in bringing the review was explained by the sequence of events following the Auditor General's findings and subsequent attempts to recover the expenditure, and was condoned as the interests of justice required the matter to be heard. The claim for repayment was not extinguished by prescription, as the relief sought was a public law remedy and not a debt un…

Source excerpt

• Self Review
• Legality Review
• Undue Delay
• Prescription Act
• Just And Equitable Relief
• Ultra Vires

Henn v Health Professions Council of South Africa and Others (2024/131188)

Henn v Health Professions Council of South Africa and Others (2024/131188) [2024] ZAGPPHC 1297 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/131188

Judge

Labuschagne AJ

The court found that the applicant had pleaded to the original charges under the February 2020 Regulations, and the parties had agreed that those regulations would govern the de novo hearing. The unilateral amendment of the charge sheet and application of the 2023 Regulations introduced new substantive issues and procedural changes that prejudiced the applicant and compromised her right to fair administrative action. The pro forma complainant was not entitled to resile from the agreed ground rules or impose more onerous charges. The amended charge sheet was set aside as ultra vires and unlawf…

Source excerpt

• Promotion Of Administrative Justice Act
• Disciplinary Proceedings
• Retrospective Application Of Regulations
• Fair Administrative Action
• Ultra Vires
• Procedural Fairness