South Africa Case Law

Oostland Boerdery CC v Department of Employment and Labour Free State and Others (2024/112730)

Oostland Boerdery CC v Department of Employment and Labour Free State and Others (2024/112730) [2024] ZALCJHB 441 (22 October 2024)

Court

Labour Court Johannesburg

Case number

2024/112730

Judge

R Itzkin

The Labour Court ordered the CCMA commissioner to furnish written reasons for verbal rulings, but refused to stay pending arbitration as premature.

• Written Reasons
• Interlocutory Rulings
• Stay Of Proceedings
• Review Application
• Legal Representation
• Jurisdiction Of Commissioner

South Bound Van Lines CC v HOD: Free State Provincial Department of Health and Another (359/2023)

South Bound Van Lines CC v HOD: Free State Provincial Department of Health and Another (359/2023) [2023] ZAFSHC 53 (24 February 2023)

Court

Free State High Court, Bloemfontein

Case number

359/2023

Judge

P. J. Loubser

The court held that the applicant is entitled to written reasons for the unsuccessful tender in terms of section 5 of PAJA, but not to supporting documents, as PAJA does not provide for the disclosure of documents. The applicant's request for a reduction of the statutory 90-day period to 5 days was found to be unreasonable; however, the court ordered that reasons be provided within 20 days as a compromise. The application was heard on a semi-urgent basis due to the need for the applicant to consider a review before the successful bidder assumed obligations. No order as to costs was made, as b…

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• Promotion Of Administrative Justice Act
• Tender Review
• Written Reasons
• Access To Information

Romashko v Director-General of The Department of Home Affairs and Others (25993/2022)

Romashko v Director-General of The Department of Home Affairs and Others (25993/2022) [2022] ZAGPPHC 761 (9 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

25993/2022

Judge

Khwinana

The court found that the respondents failed to apply the law to the facts as required by the Immigration Act and the Promotion of Administrative Justice Act. The Minister's decision was based on considerations not supported by the Act, such as the absence of children, and failed to account for the applicant's bona fide conduct, long-term residence, and the impact of administrative delays. The respondents did not oppose the application or provide evidence of incompetence or bias, but their failure to properly consider the application warranted judicial intervention. The court held that the mat…

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• Promotion Of Administrative Justice Act
• Immigration Permits
• Judicial Review
• Procedural Fairness
• Written Reasons
• Unopposed Motion

Thahameso Ntswanatsatsi Thusanang Taxi Association and Another v Qwaqwa United Taxi Association (5204/2013)

Thahameso Ntswanatsatsi Thusanang Taxi Association and Another v Qwaqwa United Taxi Association (5204/2013) [2014] ZAFSHC 100 (26 June 2014)

Court

Free State High Court, Bloemfontein

Case number

5204/2013

Judge

L J Lekale

The court held that written reasons for judgment are a jurisdictional fact for an application for leave to appeal. In this matter, no written reasons had been furnished, and the applicants were out of time for requesting reasons. The application for leave to appeal was therefore premature and could not be entertained. The court emphasized that entertaining such an application would allow parties to circumvent the rules regarding the time limits for requesting reasons and applying for leave to appeal. Accordingly, the application for leave to appeal was struck off the roll.

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• Leave To Appeal
• Condonation
• Rule 49 Uniform Rules
• Written Reasons
• Jurisdictional Facts

Gerber v Uijs Sc (2980/10)

Gerber v Uijs Sc (2980/10) [2010] ZAWCHC 64 (3 March 2010)

Court

Western Cape High Court, Cape Town

Case number

2980/10

Judge

Olivier

The court dismissed an application seeking written reasons for not appointing in forma pauperis counsel, holding the respondent made no such decision.

• Bill Of Rights Limitation
• Administrative Action
• Written Reasons
• In Forma Pauperis
• Uniform Rules Of Court
• In-forma-pauperis

Bangate and Others v Chief Executive Officer of the South African Social Security Agency (1099/2008, 1104/2008, 1115/2008)

Bangate and Others v Chief Executive Officer of the South African Social Security Agency (1099/2008, 1104/2008, 1115/2008) [2009] ZANWHC 14 (14 May 2009)

Court

North West High Court, Mafikeng

Case number

1099/2008, 1104/2008, 1115/2008

Judge

A.M. Kgoele

The court found that SASSA failed to provide the applicants with adequate written reasons for the refusal of their social/disability grant applications. The purported refusal letters did not contain sufficient detail to enable the applicants to understand the basis for the decision or to consider an appeal. There was no proof that the letters were properly served or delivered to the applicants. The risk of non-receipt of such letters lies with the applicants, but in the absence of evidence of delivery, the applicants' averments must be accepted. The statutory obligation to provide reasons was…

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• Social Assistance Act
• Exhaustion Of Internal Remedies
• Written Reasons
• Premature Application

Manyetsa v South African Social Security Agency (2123/07)

Manyetsa v South African Social Security Agency (2123/07) [2009] ZANWHC 13 (14 May 2009)

Court

North West High Court, Mafikeng

Case number

2123/07

Judge

A.M. Kgoele

The High Court held that SASSA failed to give adequate written reasons for refusing a disability grant and ordered costs against it on an attorney-client scale.

• Social Assistance Act
• Written Reasons
• Costs Order
• Punitive Costs
• Internal Remedies
• Administrative-law

Badenhorst v Minister of Defence (37350/05)

Badenhorst v Minister of Defence (37350/05) [2006] ZAGPHC 122 (11 August 2006)

Court

High Courts - Gauteng

Case number

37350/05

Judge

B H Swart

The High Court reviewed and set aside a Defence Force discharge after finding the applicant was denied written reasons and fair procedure.

• Promotion Of Administrative Justice Act
• Fair Labour Practice
• Procedural Fairness
• Written Reasons
• Security Clearance
• Defence Force Dismissal

Ndokweni v Game Stores and Another (D847/2000)

Ndokweni v Game Stores and Another (D847/2000) [2001] ZALC 34; [2001] 6 BLLR 643 (LC); (2001) 22 ILJ 1398 (LC) (1 March 2001)

Court

Labour Court

Case number

D847/2000

Judge

Pillay

The Labour Court held that the commissioner was not obliged to issue a certificate of non-resolution under section 135(5) of the LRA when the applicant failed to attend the conciliation, as non-attendance may reasonably be inferred as abandonment or withdrawal of the referral. The practice, reflected in rule 7.7 of the CCMA rules, of treating non-attendance as abandonment and requiring a fresh referral with condonation, was not ultra vires and filled a procedural gap in the legislation. The commissioner acted bona fide and within his mandate to resolve disputes effectively. The written reason…

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• Condonation
• Conciliation Procedure
• Ultra Vires
• Administrative Action
• Written Reasons
• Unfair Dismissal