South Africa Case Law

Afhco Calgo M3 Consortium (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (2022/322)

Afhco Calgo M3 Consortium (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (2022/322) [2024] ZAGPJHC 1057 (18 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/322

Judge

G AMM

The respondents unilaterally changed the applicant's water and sewerage tariff from residential to commercial in May 2018 without any application or lawful basis, contrary to their own assertions that such a change requires due process and a formal application. The respondents failed to provide any admissible evidence or explanation for the change, and their opposition was found to be unfounded, obstructive, and in disregard of prior judicial warnings. The interlocutory application to file a further affidavit was dismissed as lacking bona fides, materiality, and admissibility. The applicant i…

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• Municipal Tariffs
• Rectification Of Account
• Ultra Vires Action
• Motion Proceedings Affidavits
• Punitive Costs
• Interdictory Relief

Mathabatha v Kgomeswana and Others - Review (REV142/23)

Mathabatha v Kgomeswana and Others - Review (REV142/23) [2023] ZALMPPHC 96 (16 October 2023)

Court

Limpopo High Court, Polokwane

Case number

REV142/23

Judges

M. Naude-Odendaal, K. Pillay

High Court review of a magistrate’s altered order: the court held the magistrate went beyond correcting a patent error and set aside the proceedings and orders.

• Review Of Magistrates Orders
• Patent Error Correction
• Striking Off Vs Dismissal
• Ultra Vires Action
• Review-of-magistrates-orders
• Patent-error-correction

Mabuyane v President Of The Republic Of South Africa and Others (330/2023)

Mabuyane v President Of The Republic Of South Africa and Others (330/2023) [2023] ZAECBHC 13 (20 June 2023)

Court

Eastern Cape High Court, Bhisho

Case number

330/2023

Judge

T.V Norman

The court found that Proclamation 84 of 2022, as issued by the President, expressly limited the SIU's investigative authority to the awarding of Honours degrees and did not include the Master's programme. The terms 'incidental', 'relevant to', and 'connected with' in the Proclamation are qualified by reference to matters listed in the Schedule, which does not mention the Master's programme. The SIU's attempt to investigate the applicant's registration for a Master's degree was therefore ultra vires and unconstitutional. The applicant demonstrated a prima facie right to protection from an unla…

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• Special Investigating Unit Act
• Proclamation Interpretation
• Ultra Vires Action
• Interim Interdict
• Right To Privacy
• Separation Of Powers

Mahlangu v South African Transport and Allied Workers Union (J 102/2023)

Mahlangu v South African Transport and Allied Workers Union (J 102/2023) [2023] ZALCJHB 180 (5 June 2023)

Court

Labour Court Johannesburg

Case number

J 102/2023

Judge

Prinsloo

The Labour Court held that the union’s National Office Bearers acted ultra vires by suspending an elected provincial secretary without constitutional authority.

• Trade Union Governance
• Ultra Vires Action
• Disciplinary Procedure
• Section 158 1 E Lra
• Trade-union-governance
• Ultra-vires

Friends of the Seven Dams Conservancy v HOD: Department of Economic Small Business Development, Tourism and Environment and Economic Affairs and Others (2631/2019)

Friends of the Seven Dams Conservancy v HOD: Department of Economic Small Business Development, Tourism and Environment and Economic Affairs and Others (2631/2019) [2020] ZAFSHC 99 (1 June 2020)

Court

Free State High Court, Bloemfontein

Case number

2631/2019

Judges

A.K. Ramlal, P.E. Molitsoane

High Court review of environmental authorisations. The court set aside revised and replacement approvals after finding the applicant’s original appeal was not properly considered.

• Environmental Authorisation
• Procedural Fairness
• Judicial Review
• Appeal Procedure
• Ultra Vires Action
• Environmental-authorisation

Rudman v Maquassi Hills Local Municipality and Others (J 3495/18)

Rudman v Maquassi Hills Local Municipality and Others (J 3495/18) [2018] ZALCJHB 371 (8 November 2018)

Court

Labour Court Johannesburg

Case number

J 3495/18

Judge

Tlhotlhalemaje

The Court found that the circumstances of the case were unique and exceptional, primarily due to the time-sensitive nature of the applicant's acting appointment and the principle of legality regarding the powers of an administrator appointed under section 139(1)(b) of the Constitution. The Administrator's termination of the applicant's acting appointment was not supported by discernable reasons and was contrary to a standing Council resolution. The applicant faced real and irreparable harm, including disciplinary action, if execution was not granted. The respondents' alleged harm was self-cre…

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• Leave To Execute Pending Appeal
• Exceptional Circumstances
• Municipal Administration
• Ultra Vires Action
• Section 139 Intervention

Mafate and Another v Bapo Ba Mogale Traditional Council and Others (M596/16)

Mafate and Another v Bapo Ba Mogale Traditional Council and Others (M596/16) [2018] ZANWHC 46 (4 October 2018)

Court

North West High Court, Mafikeng

Case number

M596/16

Judge

Gura

The High Court set aside a traditional council’s decision to place elected members on special leave, finding it unlawful and procedurally unfair.

• Promotion Of Administrative Justice Act
• Legality Review
• Customary Law And Constitution
• Procedural Fairness
• Ultra Vires Action
• Administrative-law

S v Mhlola; S v Motselbane (A1052-17; A988-17)

S v Mhlola; S v Motselbane (A1052-17; A988-17) [2018] ZAWCHC 100; 2019 (2) SACR 422 (WCC) (17 August 2018)

Court

Western Cape High Court, Cape Town

Case number

A1052/17; A988/17

Judges

Cloete, Engers

The court held that prosecutors could not fix admission of guilt fines above a magistrate’s determination, and the resulting convictions were set aside.

• Admission Of Guilt Fine
• Criminal Procedure Act
• Judicial Discretion
• Ultra Vires Action
• Admission-of-guilt-fine
• Criminal-procedure-act

Mabhena v President of the Republic of South Africa and Others (87483/2014)

Mabhena v President of the Republic of South Africa and Others (87483/2014) [2016] ZAGPPHC 696 (29 July 2016)

Court

North Gauteng High Court, Pretoria

Case number

87483/2014

Judge

AC Basson

The court found that the Commission made its decisions under the old Traditional Leadership and Governance Framework Act prior to the amendments coming into effect. The President was required to implement those decisions without discretion and could not act under the amended Act, which conferred a different process and powers. By publishing the notice under the new Act and recognizing the eighth respondent as deemed King, the President acted ultra vires. The court held that the President's notice must be set aside, as he failed to implement the Commission's decisions as required by law. The c…

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• Ultra Vires Action
• Traditional Leadership Recognition
• Customary Law
• Implementation Of Commission Decisions

Marius Blom Incorporated and Others v South African Revenue Services and Others (57412/14)

Marius Blom Incorporated and Others v South African Revenue Services and Others (57412/14) [2016] ZAGPPHC 28 (25 January 2016)

Court

North Gauteng High Court, Pretoria

Case number

57412/14

Judge

M.F KGANYAGO

The court found that the Limpopo Provincial Government has not promulgated its own liquor legislation, so Act 27 of 1989 and its regulations remain applicable in Limpopo. The regulations require that liquor licence fees be paid to the Receiver of Revenue, which is now the South African Revenue Services. The second and third respondents have no legislative authority to collect such fees directly. Their actions in requiring payment to the third respondent are ultra vires and unlawful. The doctrine of legality and the supremacy of the Constitution require that organs of state act only within pow…

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• Ultra Vires Action
• Liquor Licensing
• Doctrine Of Legality
• Statutory Interpretation