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South Africa Case Law

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Administrative Law [2022] ZAGPPHC 451

Buso v Health Professions Council of South Africa and Others (90979/2016)

Buso v Health Professions Council of South Africa and Others (90979/2016) [2022] ZAGPPHC 451 (20 June 2022)

Review of a RAF Appeal Tribunal decision dismissed after the court found the tribunal had properly considered the evidence and acted rationally.

  • Road Accident Fund Act
  • Review Of Administrative Action
  • Narrative Test
  • Ama Rating System
  • General Damages
  • Discretionary Powers
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Administrative Law [2013] ZAGPPHC 447

Katumba v Health Professions Council of South Africa (54834/2013)

Katumba v Health Professions Council of South Africa (54834/2013) [2013] ZAGPPHC 447 (11 November 2013)

High Court review of refusal to restore a neurosurgeon’s registration dismissed; the court held the Council could require proof of qualifications and South African examinations.

  • Review Of Administrative Action
  • Professional Registration
  • Discretionary Powers
  • Health Professions Act
  • Equivalence Of Foreign Qualifications
  • Administrative-law
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Labour Law [2011] ZALCCT 40

Department of Justice and Constitutional Development v Johnson NO and Others (C36/2010)

Department of Justice and Constitutional Development v Johnson NO and Others (C36/2010) [2011] ZALCCT 40 (11 May 2011)

The Labour Court set aside an arbitration award because the commissioner exceeded his powers by granting temporary incapacity leave beyond the referred dispute.

  • Arbitration Review
  • Collective Agreement Interpretation
  • Discretionary Powers
  • Temporary Disability Leave
  • Arbitration-review
  • Collective-agreement-interpretation
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Administrative Law [2009] ZAWCHC 202

Chakattack Number 10 CC t/a Mainline Advertising v City of Cape Town (26239/09)

Chakattack Number 10 CC t/a Mainline Advertising v City of Cape Town (26239/09) [2009] ZAWCHC 202 (15 December 2009)

The Western Cape High Court dismissed an urgent application to stop the City of Cape Town from impounding advertising trailers, holding that approval had first to be sought under the by-law.

  • Municipal By Laws
  • Interdict
  • Impoundment Of Property
  • Discretionary Powers
  • Return Of Property
  • Municipal-by-laws
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Administrative Law [2009] ZAGPPHC 321

Pali v Law Society Of The Northern Provinces (30327/08)

Pali v Law Society Of The Northern Provinces (30327/08) [2009] ZAGPPHC 321 (14 August 2009)

The High Court dismissed an application to compel registration of articles of clerkship, holding that the Law Society had a discretion and review was the proper route.

  • Fit And Proper Person
  • Registration Of Articles
  • Discretionary Powers
  • Mandatory Interdict
  • Review Under Paja
  • Attorneys-act
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Labour Law [2007] ZALCCT 6

September and Another v Muddford International Services Ltd; In Re: Muddford International Services Ltd v Metal And Engineering Services Ltd and Others (C664/2006)

September and Another v Muddford International Services Ltd; In Re: Muddford International Services Ltd v Metal And Engineering Services Ltd and Others (C664/2006) [2007] ZALCCT 6 (28 November 2007)

The Labour Court ordered a foreign respondent to furnish security for costs and for a compensation award, finding no sufficient prejudice from the delayed application.

  • Security For Costs
  • Peregrinus And Incola
  • Compensation Award
  • Review Of Arbitration
  • Discretionary Powers
  • Security-for-costs
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Labour Law [2006] ZACC 18

South African Police Service v Public Servants Association (CCT68/05)

South African Police Service v Public Servants Association (CCT68/05) [2006] ZACC 18; 2007 (3) SA 521 (CC) ; [2007] 5 BLLR 383 (CC); (2006) 27 ILJ 2241 (CC) (13 October 2006)

The Constitutional Court held that regulation 24(6) of the SAPS Employment Regulations confers a discretion on the National Commissioner to either advertise an upgraded post or continue employing the incumbent without advertisement, provided the incumbent meets the prescribed criteria. However, this discretion must be exercised in a manner that does not result in the retrenchment of a satisfactorily performing incumbent solely because their post has been upgraded. The Court found that the regulation does not entitle incumbents to automatic promotion, but the Commissioner is prohibited from ex…

  • Public Service Regulations
  • Fair Labour Practices
  • Automatic Promotion
  • Discretionary Powers
  • Job Evaluation
  • Unfair Dismissal
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Family And Children [2004] ZASCA 127

Bezuidenhout v Bezuidenhout (364/2003)

Bezuidenhout v Bezuidenhout (364/2003) [2004] ZASCA 127; [2004] 4 All SA 487 (SCA); 2005 (2) SA 187 (SCA) (23 September 2004)

The Supreme Court of Appeal found that the trial court misdirected itself by adopting the English law's general guide of equal division and by overemphasizing the respondent's role as housewife and mother, which she did not assume. The respondent's major contribution was in the joint business, not in traditional domestic roles. The court held that the contributions of the parties were not equal, as the appellant's efforts were primarily responsible for the exceptional success of the business. The redistribution order of R7,8m was excessive and posed a risk to the financial stability of the ap…

  • Divorce
  • Redistribution Of Assets
  • Matrimonial Property
  • Discretionary Powers
  • Anti Discrimination
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Constitutional Law [2000] ZACC 8

Dawood and Another v Minister of Home Affairs and Others ; Shalabi and Another v Minister of Home Affairs and Others ; Thomas and Another v Minister of Home Affairs and Others (CCT35/99)

Dawood and Another v Minister of Home Affairs and Others ; Shalabi and Another v Minister of Home Affairs and Others ; Thomas and Another v Minister of Home Affairs and Others (CCT35/99) [2000] ZACC 8; 2000 (3) SA 936; 2000 (8) BCLR 837 (7 June 2000)

The Constitutional Court struck down section 25(9)(b) read with sections 26(3) and (6) of the Aliens Control Act for unfairly burdening foreign spouses.

  • Right To Dignity
  • Immigration Permits
  • Aliens Control Act
  • Discretionary Powers
  • Family Unity
  • Limitations Clause
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Administrative Law [1996] ZASCA 142

Chairman of the Board on Tariffs and Trade and Others v Teltron (Pty) Ltd (168/95)

Chairman of the Board on Tariffs and Trade and Others v Teltron (Pty) Ltd (168/95) [1996] ZASCA 142; 1997 (2) SA 25 (SCA); [1997] 1 All SA 387 (A); (28 November 1996)

The court held the Board could not delegate its Note 9 exemption function to a committee, so the refusal was invalid and the appeal was dismissed.

  • Delegation Of Statutory Powers
  • Judicial Review
  • Customs And Excise
  • Ultra Vires
  • Discretionary Powers
  • Delegation-of-statutory-powers
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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.