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South Africa Case Law

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Administrative Law [2024] ZAWCHC 36

Norkie v Public Protector and Another (18870/22)

Norkie v Public Protector and Another (18870/22) [2024] ZAWCHC 36 (13 February 2024)

Court
Western Cape High Court, Cape Town
Case number
18870/22
Judge
Cockrell

The court found that the applicant had locus standi to seek review of the Public Protector's report, as the complaint was lodged by him and his interests were directly affected. The Western Cape High Court had jurisdiction because the applicant resides and experienced the adverse effect of the decision within its area. The review was to be determined under the principle of legality, not PAJA, as per binding precedent. The applicant, as a layperson, did not plead specific review grounds, but the court considered the record and found no evidence that the Public Protector misdirected herself or…

Source excerpt

  • Principle Of Legality Review
  • Jurisdiction Of High Court
  • Locus Standi
  • Exhaustion Of Internal Remedies
  • Reasonable Apprehension Of Bias
  • Biowatch Costs Rule
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Constitutional Law [2023] ZAECBHC 19

Melane v Deputy Registrar: Governance & Legal Services of Fort Hare University and (264/2022)

Melane v Deputy Registrar: Governance & Legal Services of Fort Hare University and (264/2022) [2023] ZAECBHC 19 (8 August 2023)

Court
Eastern Cape High Court, Bhisho
Case number
264/2022
Judge
Govindjee

The court found that the issues at hand related to the applicant's right to education under section 29 of the Constitution and the principle of legality or just administrative action. The founding affidavit relied on sections 29 and 33 of the Constitution, and the interim relief sought was to prevent ongoing infringement of these rights. The matter was therefore properly located in a constitutional setting and qualified as a genuine constitutional challenge. The court considered whether any exceptions to the Biowatch rule applied, such as frivolous or vexatious litigation or improper conduct.…

Source excerpt

  • Right To Education
  • Biowatch Costs Rule
  • Disciplinary Proceedings
  • Interim Relief
  • Just Administrative Action
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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.