South Africa Case Law

Imologa Community Project (Npo) v Minister of Social Development and Others (096524/2025)

Imologa Community Project (Npo) v Minister of Social Development and Others (096524/2025) [2025] ZAGPPHC 719 (14 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

096524/2025

Judge

Botsi-Thulare

The court found that the applicant was aware of the investigation and the reasons for the funding decline since April 2024, yet failed to take timely action or pursue available remedies. The urgency claimed by the applicant was deemed self-created, as the applicant had ample opportunity to address the issues through ordinary court processes or internal remedies. The court held that the applicant did not demonstrate that substantial redress could not be obtained in due course, nor did it show irreparable harm justifying urgent intervention. The public interest in accountability and protection…

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• Urgency In Interdicts
• Exhaustion Of Internal Remedies
• Jurisdiction Of High Court
• Procedural Fairness
• Public Funding Disputes

G.P v Venter (A 100/2024)

G.P v Venter (A 100/2024) [2024] ZAGPPHC 1161 (13 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

A 100/2024

Judges

Holland-Muter, Makhoba

The court found that the appellant failed to establish urgency, as the last alleged incident occurred in November 2022 and the application was only brought in October 2023. The appellant's explanations for the delay, including claims of entrapment and threats, were unsupported by evidence. Allegations of murder, embezzlement, and false criminal charges were speculative and unsubstantiated. The transcript and record did not demonstrate any procedural irregularity under PAJA. The invocation of section 11(2) of the Constitution was not justified by the facts. The appellant did not present a prim…

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• Protection From Harassment Act
• Urgency In Interdicts
• Prima Facie Case
• Constitutional Rights Section 11

Chung-Feng and Others v City of Johannesburg Metropolitan Municipality (2024/073188)

Chung-Feng and Others v City of Johannesburg Metropolitan Municipality (2024/073188) [2024] ZAGPJHC 812 (20 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/073188

Judge

Beyers

The High Court dismissed an urgent interdict to stop water disconnection, finding no proper urgency and no compliant section 102 dispute under the Municipal Systems Act.

• Municipal Services Disconnection
• Urgency In Interdicts
• Section 102 Municipal Systems Act
• Dispute Resolution Mechanisms
• Municipal-services-disconnection
• Urgency-in-interdicts

Mbuyisa v Head of Department: Free State Department of Social Development and Others (3243/2024)

Mbuyisa v Head of Department: Free State Department of Social Development and Others (3243/2024) [2024] ZAFSHC 199 (25 June 2024)

Court

Free State High Court, Bloemfontein

Case number

3243/2024

Judge

Majosi, AJ

The court struck an urgent application off the roll, finding the applicant failed to show sufficient urgency under Rule 6(12)(b).

• Precautionary Suspension
• Urgency In Interdicts
• Jurisdiction Of High Court
• Rule 6 12 Procedure
• Abuse Of Power
• Urgent-applications

Oosthuizen and Another v Olivier and Others (007585/2024)

Oosthuizen and Another v Olivier and Others (007585/2024) [2024] ZAGPJHC 199 (29 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

007585/2024

Judge

N. Manoim

The High Court struck an urgent application off the roll, finding the applicants delayed and sought overly broad interim relief in a business dispute.

• Urgency In Interdicts
• Abuse Of Urgent Court
• Interim Interdict
• Corporate Dispute
• Removal Of Director
• Urgency-in-interdicts

Down Touch Investments v Transnet SOC Limited and Another (098500/2023)

Down Touch Investments v Transnet SOC Limited and Another (098500/2023) [2023] ZAGPJHC 1226 (27 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

098500/2023

Judge

L R Adams

Urgent tender-review application struck from the roll because the applicant failed to show urgency and had not established a prima facie right.

• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Tender Review
• Urgency In Interdicts
• Costs Award
• Tender-review

168 Short Term Solutions Johannesburg (Pty) Ltd and Another v Heppell and Another (27664/2022)

168 Short Term Solutions Johannesburg (Pty) Ltd and Another v Heppell and Another (27664/2022) [2023] ZAGPJHC 300 (4 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

27664/2022

Judge

MIA

Urgent application to enforce a restraint of trade and confidentiality clauses was struck off the urgent roll because the court found the urgency self-created.

• Restraint Of Trade
• Section 197 Transfer
• Confidentiality Clause
• Urgency In Interdicts
• Reciprocity Defence
• Restraint-of-trade

Rowing South Africa and Another v Greecy N.O. and Another (26810/2022)

Rowing South Africa and Another v Greecy N.O. and Another (26810/2022) [2022] ZAGPJHC 868 (4 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

26810/2022

Judge

M A Makume

The court found that the application was not urgent, as the events cited by the applicants were scheduled for March and September 2023, and the Department's Standard Operating Procedure allowed 90 days for assessment, which had not expired. The applicants had not properly submitted a water use license application but were still engaged in pre-application proceedings. The correspondence indicated that the applicants were permitted to proceed under a General Authorisation while the license application was pending. The applicants failed to demonstrate a clear or prima facie right to the relief s…

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• National Water Act
• Water Use License
• Urgency In Interdicts
• Standard Operating Procedure
• General Authorisation
• Judicial Review

HT Pelatona Projects (Pty) Ltd v Tswelopele Local Municipality and Others (2214/2022)

HT Pelatona Projects (Pty) Ltd v Tswelopele Local Municipality and Others (2214/2022) [2022] ZAFSHC 97 (23 May 2022)

Court

Free State High Court, Bloemfontein

Case number

2214/2022

Judge

JP Daffue

The court found that the applicant had established a prima facie right to interim relief, as the tender was awarded to a joint venture that did not meet the mandatory CIDB grading requirements for both civil and mechanical engineering. The evidence presented by the applicant was not disputed by the respondents, and the Bid Evaluation Committee failed to consider relevant technical reports and mandatory requirements. The urgency of the matter was accepted, given the imminent implementation of the works and the delays attributable to the first respondent. The court held that irreparable harm wo…

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• Public Procurement
• Interim Interdict
• Preferential Procurement Policy Framework Act
• Municipal Tender Award
• Bid Evaluation
• Urgency In Interdicts

Mbude v Premier of the Eastern Cape and Others (218/2022)

Mbude v Premier of the Eastern Cape and Others (218/2022) [2022] ZAECBHC 9; [2022] 9 BLLR 859 (ECB) (3 May 2022)

Court

Eastern Cape High Court, Bhisho

Case number

218/2022

Judge

Govindjee

The court found that the Premier had prima facie reason to believe the applicant, as accounting officer, had committed serious misconduct relating to delayed delivery of textbooks and stationery, late payment of Education Assistants, and forfeiture of infrastructure grant funds. The Premier's belief that the applicant's continued presence might jeopardise the investigation was reasonable and justifiable, satisfying the requirements of the SMS Handbook. The applicant's arguments regarding prejudice to her reputation and departmental functioning did not establish exceptional urgency. The allega…

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• Precautionary Suspension
• Abuse Of Power
• Senior Management Service Handbook
• Urgency In Interdicts
• Doctrine Of Legality