South Africa Case Law

Minister of Environmental Affairs and Tourism and Another v Scenematic Fourteen (Pty) Ltd (85/2004)

Minister of Environmental Affairs and Tourism and Another v Scenematic Fourteen (Pty) Ltd (85/2004) [2005] ZASCA 11; [2005] 2 All SA 239 (SCA); 2005 (6) SA 182 (SCA) (22 March 2005)

Court

Supreme Court of Appeal

Case number

85/2004

Judges

Scott, Farlam, Cameron, Lewis, Comrie

The SCA upheld the dismissal of a review over hake longline fishing rights, holding that the streaming and scoring process was lawful, fair, and did not fetter discretion.

• Allocation Of Fishing Rights
• Promotion Of Administrative Justice Act
• Delegation Of Discretion
• Procedural Fairness
• Transformation In Fishing Industry
• Administrative-law

Bester v MEC, Department of Transport, Roads and Public Works, Northern Cape (629/2004)

Bester v MEC, Department of Transport, Roads and Public Works, Northern Cape (629/2004) [2005] ZANCHC 76 (1 January 2005)

Court

Northern Cape High Court, Kimberley

Case number

629/2004

Judges

MAJIEDT, MUSI

The court set aside a retest request and licence withdrawal, finding unlawful abdication of discretion and a breach of audi alteram partem.

• Unlawful Abdication Of Power
• Audi Alteram Partem
• Driver Licence Suspension
• Promotion Of Administrative Justice Act
• Delegation Of Discretion
• Procedural Fairness

Scenematic Fourteen (PTY) Limited v Honourable Minister of Environmental Affairs and Tourism and Another (1539/ 2003)

Scenematic Fourteen (PTY) Limited v Honourable Minister of Environmental Affairs and Tourism and Another (1539/ 2003) [2003] ZAWCHC 73; 2004 (4) BCLR 430 (C) (12 December 2003)

Court

Western Cape High Court, Cape Town

Case number

1539/2003

Judge

Brusser AJ

The court found that the applicant's review application was instituted within the 180-day period prescribed by section 7(1) of PAJA, as the appeal process concluded only upon formal written notification to the applicant on 26 September 2002. Even if the process concluded earlier, the court would exercise its discretion under section 9 of PAJA to extend the period in the interests of justice, given the minimal delay. On the merits, the court held that the procedure adopted by the Second Respondent in refusing the applicant's fishing rights was procedurally unfair and unlawful. The Second Respo…

Source excerpt

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Delegation Of Discretion
• Fishing Rights Allocation
• Legitimate Expectation

Minister of Transport and Others v South African Airways Pilots' Association and Another (23/94)

Minister of Transport and Others v South African Airways Pilots' Association and Another (23/94) [1995] ZASCA 108 (21 September 1995)

Court

Supreme Court of Appeal

Case number

23/94

Judges

Corbett CJ, Hefer JA, F H Grosskopf JA, Harms JA, Van Coller AJA

The court upheld civil pilot licences issued to SAAF pilots under special procedures, found the declaratory attack on regulations academic, and dismissed the application.

• Validity Of Regulations
• Delegation Of Discretion
• Licensing Of Aircraft Personnel
• Exemption From Regulatory Requirements
• Administrative-law
• Civil-procedure