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South Africa decisions
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Chairman of Hlaneki Tribal Authority v Shimange and Others (2013/73273) [2017] ZAGPPHC 82 (3 March 2017)
The High Court held that the Hlaneki traditional authority had a clear customary-law right to control land allocation and interdicted the disputed building works.
President of the Republic of South Africa and Others v South African Dental Association and Another (CCT 201/14) [2015] ZACC 2; 2015 (4) BCLR 388 (CC) (27 January 2015)
The Constitutional Court held that the President's Proclamation bringing sections 36 to 40 of the National Health Act into operation was irrational and invalid. The absence of necessary regulations meant that health service providers could not comply with the law, resulting in the criminalisation of essential health services. The President acted in error, and there was no mechanism to withdraw the Proclamation after its commencement date. The exercise of public power must be rationally connected to its purpose, and the premature implementation of these sections failed that test. The Court gra…
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MEC, Department of Education, North-West v KC Productions CC (CA 14/207) [2009] ZANWHC 10 (5 March 2009)
The court held that the appellant's decision to cancel the contract, which arose directly from a public tender process governed by statute, constituted the exercise of public power and was therefore administrative action subject to the requirements of administrative fairness under PAJA. The contract's formation was a seamless transition from the tender process, with no separate agreement beyond the tender terms dictated by the appellant as a public authority. The attempt to separate the contractual rights from the statutory source was rejected. The appellant failed to act lawfully, reasonably…
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