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South Africa Case Law

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Administrative Law [2014] ZANWHC 17

Fedsas v MEC of Department of Education And Training, N.W. Province and Another (1133/13)

Fedsas v MEC of Department of Education And Training, N.W. Province and Another (1133/13) [2014] ZANWHC 17 (1 August 2014)

Court
North West High Court, Mafikeng
Case number
1133/13
Judge
Kgoele

The court found that the South African Schools Act (SASA) is national legislation that prevails over provincial laws and regulations. SASA vests the governance, administration, and control of school hostels exclusively in School Governing Bodies (SGBs), and does not empower the MEC to promulgate regulations governing hostels. The Provincial Act cannot confer powers inconsistent with SASA, and any regulations made under it must conform to national legislation. The regulations in question were promulgated without the necessary authority, failed the test of constitutional legality, and amounted…

Source excerpt

  • Ultra Vires
  • Promotion Of Administrative Justice Act
  • Constitutional Legality
  • School Governance
  • Regulation Making Powers
  • Conflict Between National And Provincial Legislation
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Constitutional Law [2007] ZASCA 92

Minister of Justice and Constitutional Development and Another v Zealand (387/06)

Minister of Justice and Constitutional Development and Another v Zealand (387/06) [2007] ZASCA 92; 2007 (2) SACR 401 (SCA) (20 June 2007)

Court
Supreme Court of Appeal
Case number
387/06
Judges
HOWIE, FARLAM, PONNAN, COMBRINCK, SNYDERS

The Supreme Court of Appeal held that the respondent was unlawfully detained from 11 October 2001 to 30 June 2004. The court found that the release on warning recorded on 11 October 2001 was valid and not a clerical error, as evidenced by the absence of a detention warrant and corroborating documentation. The subsequent remand in custody on 29 October 2001 did not comply with statutory requirements for cancelling release on warning, rendering the detention unlawful. For the period prior to 11 October 2001, the respondent's detention was pursuant to valid court orders and thus lawful. The cour…

Source excerpt

  • Unlawful Detention
  • Bill Of Rights Limitation
  • Aquilian Action
  • Constitutional Legality
  • Remand Orders
  • Public Power Exercise
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Administrative Law [2007] ZASCA 28

City of Tshwane Metropolitan Municipality v RPM Bricks Proprietary Ltd. (177/2006)

City of Tshwane Metropolitan Municipality v RPM Bricks Proprietary Ltd. (177/2006) [2007] ZASCA 28; [2007] SCA 28 (RSA); 2008 (3) SA 1 (SCA) (27 March 2007)

Court
Supreme Court of Appeal
Case number
177/2006
Judges
Harms, Farlam, Lewis, Ponnan, Musi

The Supreme Court of Appeal held that the variation of the supply contract between the parties was invalid because the statutory requirements of section 38 of the Gauteng Rationalisation of Local Government Affairs Act were not complied with. The defendant's council did not pass a resolution to amend the contract, and its employees lacked authority to do so. The court distinguished between acts that are ultra vires and those that merely fail to comply with internal formalities, finding that the present case fell into the former category. Estoppel cannot operate to validate an act that is ultr…

Source excerpt

  • Ultra Vires
  • Estoppel Against Statutory Body
  • Variation Of Tender Agreement
  • Constitutional Legality
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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.