Pine Glow Investments (Pty) Ltd v Minister of Energy and Others (1264/2023) [2025] ZASCA 75 (2 June 2025)
REPORTABILITY SCORE: 82/100 Administrative Law — Petroleum Products Act — Appeal against Controller's decision — Minister's remittal of licence applications for re-evaluation — Whether Minister's decision constitutes administrative action — Whether Controller functus officio — Appellant, Pine Glow Investments, objected to the issuance of retail and site licences to Erf […] Highveld Technopark Investments and NAD Property Income Fund. The Controller initially refused the applications, but the Minister upheld the appeal and remitted the matter for re-evaluation. Pine Glow sought to review the Controller's decision post-remittal, arguing that the Minister lacked the authority to refer the matter back. The court found that the Minister's decision was administrative action and within his powers under the Petroleum Products Act, and that the Controller was not functus officio. The appeal was dismissed on the grounds that Pine Glow failed to exhaust internal remedies as required by the Promotion of Administrative Justice Act.
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Case Note
Pine Glow Investments (Pty) Ltd v The Minister of Energy and Others — [2025] ZASCA 75 — 2025-06-02
Dates, Case No & Neutral Citation
2025-06-02; Case No 1264/2023; Pine Glow Investments (Pty) Ltd v The Minister of Energy and Others (1264/2023) [2025] ZASCA 75
Court and Coram
The Supreme Court of Appeal of South Africa; ZONDI DP, MOCUMIE, MOKGOHLOA, KOEN JJA, MOLITSOANE AJA
Reportability
Reportable
HEADNOTE
Summary
Administrative Law – Petroleum Products Act 120 of 1977 – whether decision of Minister of Minerals and Energy on appeal remitting decision of Controller of Petroleum Products for re-evaluation constitutes administrative action.
Held
The appeal is dismissed.
Cases, Statutes and Texts Cited
Cases: Oudekraal Estates (Pty) Ltd v The City of Cape Town and Others [2004] 3 All SA 1 (SCA); Minister of Defence and Military Veterans v Motau and Others [2014] ZACC 18; Total Brite Star Service Station CC v ENSPA Trading Company (Pty) Limited and Others [2022] ZAECELLC 29
Legislation: Petroleum Products Act 120 of 1977; Promotion of Administrative Justice Act 3 of 2000
THE FACTS
Pine Glow Investments (Pty) Ltd objected to the issuance of retail and site licenses to Erf […] Highveld Technopark Investments (Pty) Ltd and NAD Property Income Fund (Pty) Ltd. The Controller initially refused the applications, but the Minister later upheld the appeal and remitted the decision back to the Controller for re-evaluation.
THE ISSUES
Whether the Minister's decision to remit the Controller's decision constituted administrative action and whether Pine Glow was required to exhaust internal remedies before seeking judicial review.
ANALYSIS
The court found that the Minister's decision constituted administrative action and that Pine Glow failed to exhaust the internal remedy of appealing the Controller's decision, rendering its review application premature.
REMEDY
The appeal is dismissed, and Pine Glow is directed to pay the costs of the third and fourth respondents.
LEGAL PRINCIPLES
The necessity to exhaust internal remedies before seeking judicial review as per section 7(2) of the PAJA.