South Africa Case Law

Faleti v University of South Africa and Others (12846/2020)

Faleti v University of South Africa and Others (12846/2020) [2021] ZAGPPHC 482 (27 July 2021)

Court

North Gauteng High Court, Pretoria

Case number

12846/2020

Judge

M.M.D. Lenyai

The court found that the applicant failed to exhaust the internal remedies provided by the University of South Africa for academic complaints before approaching the High Court. The university's decisions constitute administrative action under PAJA, and judicial review is only available after internal remedies are exhausted. The applicant did not follow the prescribed procedure under PAJA and Rule 53 of the Uniform Rules of Court. The authorities are clear that a university is governed by administrative law, and the applicant's failure to comply with the required process rendered his applicati…

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• Promotion Of Administrative Justice Act
• Exhaustion Of Internal Remedies
• University Degree Conferral
• Judicial Review Procedure

Lesiba v University of Limpopo (56939/2014)

Lesiba v University of Limpopo (56939/2014) [2015] ZAGPPHC 794 (9 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

56939/2014

Judge

Olivier

The High Court held that the University of Limpopo gave adequate reasons under PAJA for refusing registration, and dismissed the application with costs.

• Promotion Of Administrative Justice Act
• Adequacy Of Reasons
• University Exclusion
• Judicial Review Procedure
• Adequate-reasons
• Paea

C Drahtseilwerk Saar GMBH v International Trade Administration Commission and Others (53925/09)

C Drahtseilwerk Saar GMBH v International Trade Administration Commission and Others (53925/09) [2010] ZAGPPHC 255 (26 November 2010)

Court

North Gauteng High Court, Pretoria

Case number

53925/09

Judge

MNGQIBISA-THUSI

The court found that the applicant's relief is indeed provided for under section 35(2) of the International Trade Administration Act, which allows a person to apply to the High Court for an appropriate order concerning access to confidential information after mediation fails. The applicant accepts the confidential nature of the information and does not seek a fresh determination of confidentiality, but rather an order regulating access. The court distinguished the Brenco case, noting that it dealt with access at the investigative stage, whereas the present matter concerns access at the delibe…

Source excerpt

• Anti Dumping Duties
• Access To Confidential Information
• International Trade Administration Act
• Rule 53 Review
• Sunset Review
• Judicial Review Procedure