South Africa Case Law

Kusainda v University of Limpopo (11854/2023)

Kusainda v University of Limpopo (11854/2023) [2024] ZALMPPHC 60 (7 June 2024)

Court

Limpopo High Court, Polokwane

Case number

11854/2023

Judge

M Bresler

The court found that the respondent failed to take a final decision on the applicant's review application, amounting to a reviewable administrative omission under PAJA. The refusal to appoint external assessors and the termination of the applicant's registration were procedurally unfair, irrational, and based on a material mistake of fact regarding the applicant's qualifications. The respondent was functus officio regarding the original admission decision, which had not been lawfully reviewed or set aside. The respondent's actions infringed the applicant's constitutional rights to fair admini…

Source excerpt

• Promotion Of Administrative Justice Act
• Failure To Take A Decision
• Procedural Fairness
• Unlawful Administrative Action
• Declaratory Relief

Valspir Spa and Another v SABS Commercial Soc Limited (2016/47802)

Valspir Spa and Another v SABS Commercial Soc Limited (2016/47802) [2017] ZAGPJHC 257 (24 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2016/47802

Judge

Adams

The court held that SABS failed to decide a renewal application for product certification and granted interim relief extending the certification for six months.

• Promotion Of Administrative Justice Act
• Failure To Take A Decision
• Product Certification
• Standards Act
• Just And Equitable Remedy
• Administrative-law