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South Africa Case Law

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Administrative Law [2024] ZAGPPHC 544

LNG Scientific (Pty) Ltd v Special Investigating Unit and Another (A14/2023)

LNG Scientific (Pty) Ltd v Special Investigating Unit and Another (A14/2023) [2024] ZAGPPHC 544 (10 June 2024)

Court
North Gauteng High Court, Pretoria
Case number
A14/2023
Judges
Kooverjie, Cox, Mogotsi

Condonation for the late filing of the first appeal was granted as the delay was not inordinate and the interests of justice required consideration of the procedural shortcomings in Tribunal review processes. However, the appeal was dismissed because the record of the impugned decision had already been furnished to the appellant, rendering the appeal moot with no practical effect. The Tribunal's reliance on discovery under Rule 35 instead of Rule 53 was found to be inadequate, but the Tribunal remedied the situation by ordering disclosure of all relevant documents prior to the close of pleadi…

Source excerpt

  • Judicial Review
  • Access To Record
  • Self Review
  • Condonation
  • Interlocutory Orders
  • Costs Award
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Administrative Law [2022] ZAST 15

Special Investigating Unit and Another v LNG Scientific (Pty) Ltd (GP03/2022)

Special Investigating Unit and Another v LNG Scientific (Pty) Ltd (GP03/2022) [2022] ZAST 15 (29 June 2022)

Court
Special Tribunal
Case number
GP03/2022
Judge
L.T. Modiba

The Tribunal held that Uniform Rule 53 does not apply to self-review applications brought by organs of State such as the SIU and the MEC: Gauteng Department of Health. The review application was properly brought under Tribunal Rule 10, and the respondents are not obliged to deliver a record of the impugned decision in terms of Uniform Rule 53(1)(b). LNG Scientific (Pty) Ltd is not prejudiced by the procedure adopted, as the respondents have tendered discovery of relevant documents under Tribunal Rule 17(4) read with Uniform Rule 35(13), (1), and (2). The Tribunal specified that discovery shou…

Source excerpt

  • Self Review
  • Discovery In Application Proceedings
  • Uniform Rule 53
  • Special Tribunals Act
  • Access To Record
  • Costs In Interlocutory Applications
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.