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South Africa Case Law

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Administrative Law [2022] ZAGPPHC 436

Witwatersrand Estates Limited v City of Johannesburg Metropolitan Municipality and Others (90490/2018;70603/2018)

Witwatersrand Estates Limited v City of Johannesburg Metropolitan Municipality and Others (90490/2018;70603/2018) [2022] ZAGPPHC 436 (9 June 2022)

Court
North Gauteng High Court, Pretoria
Case number
90490/2018;70603/2018
Judge
N Davis

The court found that the applicant, Witwatersrand Estates Limited, acquired knowledge of the administrative action and its reasons by 27 June 2018, when Century's attorneys informed it of the approval and subdivision of the township. The 180-day period prescribed by section 7(1)(b) of PAJA therefore commenced on that date and expired on 24 December 2018. Although the review application was issued on 20 December 2018, it was only served on the City of Johannesburg on 8 January 2019, after the expiry of the 180-day period. No application for extension of time under section 9 of PAJA was made. T…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Judicial Review Time Bar
  • Separation Of Issues
  • Municipal Planning Approval
  • Res Iudicata
  • Joinder Of Parties
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Administrative Law [2017] ZASCA 108

Mostert NO v Registrar of Pension Funds and Others (986/2016)

Mostert NO v Registrar of Pension Funds and Others (986/2016) [2017] ZASCA 108; 2018 (2) SA 53 (SCA) (15 September 2017)

Court
Supreme Court of Appeal
Case number
986/2016
Judges
Lewis, Saldulker, Tsoka, Gorven, Ploos van Amstel

The Supreme Court of Appeal held that the review application was not instituted within the 180-day period prescribed by section 7(1) of PAJA. The delay between the promulgation of regulation 35(4) and the institution of review proceedings was approximately 12 years, which is manifestly outside the statutory period. The appellant did not apply for an extension under section 9 nor provide evidence to justify the delay. The court confirmed that it may raise the issue of delay mero motu and that respondents may argue the time-bar even if not pleaded, as the court's jurisdiction is at stake. The t…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Judicial Review Time Bar
  • Ultra Vires Regulation
  • Condonation For Late Review
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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.