South Africa Case Law

Thato Kholofelo Matsaung N.O and Another v Premier of Limpopo Province and Others (7879/2019)

Thato Kholofelo Matsaung N.O and Another v Premier of Limpopo Province and Others (7879/2019) [2023] ZALMPPHC 70 (11 August 2023)

Court

Limpopo High Court, Polokwane

Case number

7879/2019

Judge

M V Semenya

The court found that the Premier's failure to comply with the prior order and statutory obligations under the Traditional Leadership and Governance Framework Act and PAJA constituted unlawful administrative inaction. The applicants demonstrated direct and substantial interest, establishing locus standi. Exceptional circumstances existed, including prolonged delay, disregard for the rule of law, and continued prejudice to the applicants and community. The court held that remitting the matter to the Premier would result in further delay and that a substitution order recognising the first applic…

Source excerpt

• Promotion Of Administrative Justice Act
• Traditional Leadership Recognition
• Judicial Review Of Administrative Inaction
• Locus Standi
• Substitution Order

Nyumbana v MEC, Department of Welfare, Eastern Cape (ECJ 006/2005) )

Nyumbana v MEC, Department of Welfare, Eastern Cape (ECJ 006/2005) ) [2005] ZAECHC 10 (3 March 2005)

Court

High Courts - Eastern Cape

Case number

ECJ 006/2005

Judge

LEACH

The court dismissed a review over a maintenance grant application, finding the grant scheme had been abolished and the applicant’s papers did not match the facts.

• Judicial Review Of Administrative Inaction
• Social Assistance Act
• Maintenance Grant
• Abolition Of Grants
• Administrative-law
• Judicial-review