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South Africa Case Law

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Administrative Law [2024] ZAGPPHC 638

Afriforum NPC v National Energy Regulator of South Africa and Others (2024/061993)

Afriforum NPC v National Energy Regulator of South Africa and Others (2024/061993) [2024] ZAGPPHC 638 (8 July 2024)

Court
North Gauteng High Court, Pretoria
Case number
2024/061993
Judge
de Vos

The Court found that NERSA's revised methodology for approving municipal electricity tariff increases, introduced in January 2024, unlawfully deviated from the statutory and policy requirement to base tariffs on the cost of supply. The methodology replaced the mandated cost of supply study with an assumptions-based approach, which is inconsistent with the Electricity Pricing Policy, the Electricity Regulation Act, and NERSA's own frameworks. The Court rejected NERSA's argument that the new methodology was equivalent to the previous lawful approach and held that the change was motivated by non…

Source excerpt

  • Electricity Tariffs
  • Cost Of Supply Study
  • Municipal Regulation
  • Rule Of Law
  • Just And Equitable Remedy
  • Budgetary Constraints
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Constitutional Law [2014] ZAGPPHC 251

Basic Education For All and Others v Minister of Basic Education and Others (23949/14)

Basic Education For All and Others v Minister of Basic Education and Others (23949/14) [2014] ZAGPPHC 251; 2014 (4) SA 274 (GP); [2014] 3 All SA 56 (GP); 2014 (9) BCLR 1039 (GP) (5 May 2014)

Court
North Gauteng High Court, Pretoria
Case number
23949/14
Judge
Tuchten

The court held that the Department of Basic Education's failure to deliver all prescribed textbooks to every learner in Limpopo before the commencement of the academic year constituted a violation of the right to basic education under section 29(1)(a) of the Constitution, as well as the rights to equality and dignity. The right to basic education is immediately realisable and not subject to progressive realisation or budgetary constraints. The court found that the provision of textbooks is an essential component of basic education and that delivery to some learners but not others is insuffici…

Source excerpt

  • Right To Basic Education
  • Supervisory Relief
  • Budgetary Constraints
  • Separation Of Powers
  • Declaratory Order
  • Public Administration Principles
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Constitutional Law [2013] ZACC 10

KwaZulu-Natal Joint Liaison Committee v MEC Department of Education, Kwazulu-Natal and Others (CCT 60/12)

KwaZulu-Natal Joint Liaison Committee v MEC Department of Education, Kwazulu-Natal and Others (CCT 60/12) [2013] ZACC 10; 2013 (6) BCLR 615 (CC); 2013 (4) SA 262 (CC) (25 April 2013)

Court
Constitutional Court
Case number
CCT 60/12
Judges
Cameron, Moseneke, Froneman, Khampepe, Skweyiya, Yacoob, Nkabinde, Mogoeng, Jafta, Zondo

The majority held that the Department's 2008 notice constituted a publicly promulgated promise to pay subsidies to independent schools, and that once the payment date for the first tranche had passed, the Department was legally obliged to pay the approximate amounts specified. Retroactive reduction of subsidies after the payment date was not permissible, regardless of budgetary constraints, as it would undermine reliance, accountability, and rationality. The statutory and regulatory framework, including the Schools Act, Norms and Standards, and KZN Regulations, imposed a legal obligation to p…

Source excerpt

  • Right To Basic Education
  • State Subsidies To Independent Schools
  • Legitimate Expectation
  • Public Law Remedies
  • Interpretation Of Statutes
  • Budgetary Constraints
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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.