South Africa Case Law

Abraham and Others v Minister of Home Affairs and Another (A5053/2021; A5054/2021; A5055/2021)

Abraham and Others v Minister of Home Affairs and Another (A5053/2021; A5054/2021; A5055/2021) [2023] ZAGPJHC 253; 2023 (5) SA 178 (GJ) (14 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5053/2021; A5054/2021; A5055/2021

Judges

Sutherland DJP, Wilson J, Dodson AJ

The court held that the lawfulness of detention under section 34 of the Immigration Act is extinguished when the applicability of the Refugees Act is triggered, which occurs upon an illegal foreigner expressing a desire to apply for asylum, not only upon formal submission of an application. The Refugees Act, and specifically section 2, overrides any contrary provision in the Immigration Act or regulations. The requirement in regulation 8(3) for showing 'good cause' is part of the information-gathering process and does not constitute a condition precedent to applying for asylum. Regulation 8(4…

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• Immigration Detention
• Refugee Status Determination
• Non Refoulement
• Ultra Vires Regulations
• Constitutional Supremacy

Minister of Health and Another v Alliance of Natural Health Products (South Africa) (256/2021)

Minister of Health and Another v Alliance of Natural Health Products (South Africa) (256/2021) [2022] ZASCA 49; 2022 (5) SA 392 (SCA); [2022] HIPR 195 (SCA) (11 April 2022)

Court

Supreme Court of Appeal

Case number

256/2021

Judges

Van der Merwe, Schippers, Nicholls, Tsoka, Molefe

The Supreme Court of Appeal held that the regulations promulgated by the Minister of Health under the Medicines and Related Substances Act 101 of 1965 were ultra vires to the extent that they purported to regulate substances that are not medicines or scheduled substances as defined in the Act. The definition of 'medicine' in the Act is limited to substances used or claimed to be suitable for therapeutic or medicinal purposes. The regulations, by including complementary medicines and health supplements that do not have or claim to have a therapeutic purpose, exceeded the Minister's statutory p…

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• Ultra Vires Regulations
• Promotion Of Administrative Justice Act
• Ministerial Rule Making Powers
• Declaratory Relief
• Standing
• Suspension Of Invalidity

Fair-Trade Independent Tobacco Association v President of the Republic of South Africa and Another (21688/2020)

Fair-Trade Independent Tobacco Association v President of the Republic of South Africa and Another (21688/2020) [2020] ZAGPPHC 311 (24 July 2020)

Court

North Gauteng High Court, Pretoria

Case number

21688/2020

Judges

Mlambo JP, Molefe J, Basson J

The High Court refused leave to appeal against its tobacco-ban judgment, finding no reasonable prospects of success or compelling reason to hear the appeal.

• Disaster Management Act
• Rationality Review
• Costs In Public Interest Litigation
• Ultra Vires Regulations
• Audi Alteram Partem
• Essential Goods Definition

Minister of Mineral Resources v Stern and Others; Treasure the Karoo Action Group and Another v Department of Mineral Resources and Others (1369/2017; 790/2018)

Minister of Mineral Resources v Stern and Others; Treasure the Karoo Action Group and Another v Department of Mineral Resources and Others (1369/2017; 790/2018) [2019] ZASCA 99; [2019] 3 All SA 684 (SCA) (4 July 2019)

Court

Supreme Court of Appeal

Case number

1369/2017; 790/2018

Judges

Cachalia, Mbha, Mathopo, Van der Merwe, Davis

The Supreme Court of Appeal held that the Minister of Mineral Resources was not empowered to make the Petroleum Regulations relating to environmental matters, as those powers had been transferred to the Minister of Environmental Affairs under the One Environmental System and NEMA. The repeal of section 107(1)(a) of the MPRDA divested the Minister of Mineral Resources of the power to regulate environmental impacts of petroleum exploration and production. The majority of the Petroleum Regulations were ultra vires, and severance of invalid provisions was impractical and would result in incoheren…

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• Ultra Vires Regulations
• Environmental Authorisation
• One Environmental System
• Judicial Review
• Public Participation
• Ministerial Powers

Municipal Employees Pension Fund v Natal Joint Municipal Pension Fund (Superannuation) and Others (CCT260/16)

Municipal Employees Pension Fund v Natal Joint Municipal Pension Fund (Superannuation) and Others (CCT260/16) [2017] ZACC 43; 2018 (2) BCLR 157 (CC); (2018) 39 ILJ 311 (CC) (1 December 2017)

Court

Constitutional Court

Case number

CCT 260/16

Judges

Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

The Constitutional Court dismissed an application for leave to appeal over KwaZulu-Natal municipal pension fund regulations and upheld compulsory association with the KZN funds.

• Freedom Of Association
• Ultra Vires Regulations
• Municipal Pension Funds
• Statutory Interpretation
• Local Government Powers
• Freedom-of-association

South African Dental Association v Minister of Health (20556/2014)

South African Dental Association v Minister of Health (20556/2014) [2015] ZASCA 163; [2016] 1 All SA 73 (SCA) (24 November 2015)

Court

Supreme Court of Appeal

Case number

20556/2014

Judges

Navsa, Shongwe, Willis, Swain, Zondi

The Supreme Court of Appeal held that the Minister of Health acted within his statutory powers under the Health Professions Act to promulgate regulations establishing and regulating dental assistants as a profession. The appellant's challenge to most of the regulations was time-barred under section 7(1) of PAJA, as the application was not brought within 180 days and no condonation was sought. The only regulations not time-barred were those defining the scope of the profession, which the court found to be valid and consistent with the Act. The court rejected the appellant's argument that the a…

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• Promotion Of Administrative Justice Act
• Ultra Vires Regulations
• Health Professions Regulation
• Time Barred Review
• Scope Of Profession Definition
• Costs In Constitutional Litigation

Nature's Choice Properties (Alrode) (Pty) Limited v Ekurhuleni Metropolitan Municipality (487/08)

Nature's Choice Properties (Alrode) (Pty) Limited v Ekurhuleni Metropolitan Municipality (487/08) [2009] ZASCA 90; [2010] 1 All SA 12 (SCA) ; 2010 (3) SA 581 (SCA) (11 September 2009)

Court

Supreme Court of Appeal

Case number

487/08

Judges

Harms, Nugent, Maya, Leach, Bosielo

The municipality's smoke control regulations requiring prior approval of plans and specifications for fuel burning appliances are intra vires the enabling Act. However, the municipality's refusal of the appellant's application to install a coal-fired boiler was unlawful because it was based solely on a preference for gas appliances, not on statutory emission criteria. The municipality was only entitled to refuse approval if the boiler failed to comply with emission standards under s 15(1) of the Act. Having elected to allow the appellant to submit plans and specifications, the municipality co…

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• Atmospheric Pollution Prevention Act
• Ultra Vires Regulations
• Municipal Powers
• Administrative Lawfulness
• Smoke Control Regulations

Eden Village (Meadowbrook) (Pty) Ltd and Another v Edwards and Another (164/93)

Eden Village (Meadowbrook) (Pty) Ltd and Another v Edwards and Another (164/93) [1995] ZASCA 47; 1995 (4) SA 31 (AD); (11 May 1995)

Court

Supreme Court of Appeal

Case number

164/93

Judges

J P G Eksteen, Joubert, Hoexter, Nestadt, F H Grosskopf

The Court held that Eden Village was not operated as a sectional title or share block scheme at the relevant time, as no sectional title register had been opened and no body corporate existed. Therefore, Regulations 7 to 14 of GN 1351 applied to the scheme. The Minister had the authority under section 11 of the Act to promulgate the regulations, which were not ultra vires. The change in ministerial title did not affect the validity of the regulations, as the administration of the Act remained within the relevant department. The issue of non-joinder was resolved by notifying all residents and…

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• Housing Development Schemes For Retired Persons Act
• Sectional Titles Act
• Management Association Rights
• Ultra Vires Regulations
• Non Joinder
• Ministerial Powers