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South Africa Case Law

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Administrative Law [2021] ZASCA 84

Black Eagle Project Roodekrans v MEC: Department of Agriculture, Conservation and Environment, Gauteng Provincial Government and Others (542/2019)

Black Eagle Project Roodekrans v MEC: Department of Agriculture, Conservation and Environment, Gauteng Provincial Government and Others (542/2019) [2021] ZASCA 84 (17 June 2021)

Court
Supreme Court of Appeal
Case number
542/2019
Judges
Ponnan, Zondi, Schippers, Carelse, Mabindla-Boqwana

The Supreme Court of Appeal held that the appellant failed to properly challenge the Head of Department's exemption decision and did not comply with the statutory time limits prescribed by section 7 of PAJA. The review of only the MEC's appellate decision, without attacking the initial decision, was insufficient to obtain effective relief, as the initial decision would remain valid and operative. The appellant did not apply for condonation under section 9 of PAJA, and the lengthy delay in bringing the review was inordinate. The court distinguished Sewpersadh, finding that the facts and remedi…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Judicial Review
  • Delay In Review
  • Environmental Authorisation
  • Internal Appeals
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Administrative Law [2019] ZASCA 34

Chairperson of the Municipal Appeals Tribunal City of Tshwane and Others v Brooklyn and Eastern Areas Citizens Association (1239/2017)

Chairperson of the Municipal Appeals Tribunal City of Tshwane and Others v Brooklyn and Eastern Areas Citizens Association (1239/2017) [2019] ZASCA 34; [2019] 2 All SA 644 (SCA) (28 February 2019)

Court
Supreme Court of Appeal
Case number
1239/2017
Judges
Ponnan, Majiedt, Swain, Eksteen, Rogers

The majority held that the appeal was not moot, as the outcome would have practical consequences for the parties, including further proceedings before the Municipal Appeals Tribunal. The court found that the first internal appeal lodged by BEACA was valid and timeous under the Tshwane Land Use Management By-law 2016 and SPLUMA, and that the second appeal was unnecessary and invalid. The Tribunal was obliged to consider the merits of the first internal appeal. The court a quo's order was final and appealable, as it definitively determined the rights at issue. The majority dismissed the appeal,…

Source excerpt

  • Municipal Planning Tribunals
  • Internal Appeals
  • Spatial Planning And Land Use Management Act
  • By Law Interpretation
  • Review Of Administrative Action
  • Mootness
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Administrative Law [2018] ZAWCHC 77

Amandla GCF Construction CC and Another v Municipality Manager of Saldanha Bay Municipalityand Others (3563/2018)

Amandla GCF Construction CC and Another v Municipality Manager of Saldanha Bay Municipalityand Others (3563/2018) [2018] ZAWCHC 77; 2018 (6) SA 63 (WCC) (22 June 2018)

Court
Western Cape High Court, Cape Town
Case number
3563/2018
Judge
N P Boqwana

The court held that section 62 of the Municipal Systems Act does not confer any discretion on the Municipality or its officials to extend the statutory 21-day period for lodging an appeal. The language and structure of section 62 indicate a legislative intent for appeals to be dealt with swiftly and within fixed timeframes. The Municipal Manager acted ultra vires in extending the appeal period, and the subsequent appeal and award to the second respondent were invalid. The court rejected arguments that constitutional principles of fairness or inherent powers could override the statutory deadli…

Source excerpt

  • Municipal Tender Awards
  • Statutory Time Limits
  • Ultra Vires
  • Internal Appeals
  • Preferential Procurement
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.