Fedsure Life Assurance Ltd. and Others v Greater Johannesburg Transitional Metropolitan Council and Others (328/97)
Fedsure Life Assurance Ltd. and Others v Greater Johannesburg Transitional Metropolitan Council and Others (328/97) [1998] ZASCA 14; 1998 (2) SA 1115 (SCA); [1998] 2 All SA 325 (A); 1998 (6) BCLR 671 (SCA) (23 March 1998)
The Supreme Court of Appeal determined that it lacked jurisdiction to adjudicate the merits of the appeal because section 101(5) of the interim Constitution expressly excluded its jurisdiction over matters falling within the Constitutional Court's domain, including challenges to administrative actions on constitutional grounds. The Court found no ambiguity in section 17 of Schedule 6 to the new Constitution, which required pending proceedings to be disposed of under the interim Constitution unless the interests of justice required otherwise. No special circumstances justified deviation. The l…
Source excerpt
- Local Government Transition Act
- Interim Constitution Jurisdiction
- Administrative Action Review
- Locus Standi
- Property Rates
- Costs Orders