Pillay v Whale Rock Heights Homeowners Association and Another (104/2025) [2025] ZAWCHC 224 (28 May 2025)
Court
Western Cape High Court, Cape Town
Case number
104/2025
Judge
Nuku
The High Court reviewed and set aside a homeowners association’s approval of non-compliant building plans and a later condonation decision made without a formal application.
National Education, Health and Allied Workers Union (NEHAWU) and Another v National Home Builders Registration Council (NHBRC) and Others (2024-146579) [2024] ZALCJHB 512; [2025] 5 BLLR 525 (LC) (23 December 2024)
Court
Labour Court Johannesburg
Case number
2024-146579
Judge
Prinsloo
The Court found that the appointment of the Second Respondent as acting CEO was in direct contravention of the NHBRC's Acting Policy, which explicitly excludes Council members and temporary employees from acting appointments. The Council and Minister lacked authority to waive these provisions, as there was no empowering clause in the policy. The purported exceptional circumstances did not justify the breach, as qualified permanent employees were available for appointment. The appointment also violated section 195 of the Constitution, undermining principles of legality, good governance, and ef…
Nongoma Local Municipality v Member of the Executive Council for Cooperative Governance and Traditional Affairs (KwaZulu-Natal) and Others (11032/2024P) [2024] ZAKZPHC 83 (31 July 2024)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
11032/2024P
Judge
P C Bezuidenhout
The High Court set aside the MEC’s attempted secondment of municipal officials and suspended the extension dispute, finding the council and MEC acted without proper authority.
Malik v South Africa Chapter of the Bricks Business Council and Others (2022/6731) [2024] ZAGPJHC 520 (24 May 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2022/6731
Judge
Louw H
The court found that the applicant's review application was instituted after an unreasonable delay, exceeding the 180-day period prescribed by PAJA, without any request for condonation or extension. The SABBC is an unincorporated voluntary association, not created by statute, and its decisions do not constitute administrative action under PAJA. The applicant was afforded more procedural fairness than contractually required, and the process followed by the SABBC was not unlawful or inconsistent with its Terms of Reference. The requirement for Ministerial consent in clause 4.3.2 was not applica…
Casino Association of South Africa v Portapa (Pty) Ltd t/a Supabets and Another (9547/2018 ; 38099/2018) [2023] ZAGPJHC 625 (5 June 2023)
Court
South Gauteng High Court, Johannesburg
Case number
9547/2018 ; 38099/2018
Judge
Crutchfield
The court held that the Gauteng Gambling Act clearly distinguishes between casino games and sporting events. Roulette is specifically defined as a casino game and is not included in the definition of sporting event. Bookmaker licensees under the Gauteng Act are only authorised to offer fixed odds bets on sporting events, which are limited to ball-games, races, athletic or sporting contests, competitions, or games usually attended by the public, and beauty contests. The attempt by the respondents to broaden the definition of sporting event to include roulette was rejected. The National Gamblin…
Mosima and Another v Minister of Defence and Military and Others (21026/22) [2022] ZAGPPHC 270 (28 April 2022)
Court
North Gauteng High Court, Pretoria
Case number
21026/22
Judge
E van der Schyff
The court found that the applicants demonstrated a prima facie right to just administrative action, as the decision to increase contributions directly affects their salaries and was taken by a Board whose constitution and authority are disputed. The respondents failed to provide evidence that the Board was properly constituted in accordance with regulation 19, particularly regarding union representation and nomination processes. The urgency of the matter was established due to the imminent financial impact on members and the potential harm to the Fund if the decision is later found invalid. T…
South African Broadcasting Corporation SOC Limited and Another v South African Broadcasting Corporation Pension Fund and Another (2017/29163) [2021] ZAGPJHC 822 (15 December 2021)
Court
South Gauteng High Court, Johannesburg
Case number
2017/29163
Judge
J.L. Khan
The High Court set aside the SABC’s success-fee decision for George Motsoeneng, ordered repayment with interest, and allowed recovery from pension proceeds if unpaid.
Motloung and Others v Nquthu Local Municipality and Others (6062/2020P) [2021] ZAKZPHC 17 (17 May 2021)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
6062/2020P
Judge
Mnguni
The court found that the appointments of the 28th to 30th respondents at the council meeting of 2 September 2020 were invalid due to non-compliance with the peremptory requirements of rule 13.2 of the standing rules, which prohibits the transaction of new business at continuation meetings. The urgency cited by the municipal respondents did not afford the council discretion to bypass these rules. The court declined to set aside subsequent decisions made at the 22 September 2020 meeting, as they were not challenged in these proceedings. Regarding the counter-application, the court held that the…
