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South Africa Case Law

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Administrative Law [2021] ZAST 1

Special Investigation Unit v Chachulani Group Investment Holdings and Others (GP15/2021)

Special Investigation Unit v Chachulani Group Investment Holdings and Others (GP15/2021) [2021] ZAST 1 (14 August 2021)

Court
Special Tribunal
Case number
GP15/2021
Judge
L T Modiba

The Special Tribunal has jurisdiction to grant just and equitable relief, including the disgorgement of profits, under section 172(1)(b) of the Constitution. The no-profit principle is not limited to cases where invalidity is suspended; it applies generally to prevent parties from profiting from unlawful contracts. The SIU did not delay unduly in bringing the application, and urgency was established due to the risk of dissipation of funds once FIC directives expired. The ex parte procedure was appropriate given the risk of further dissipation, and the omission of a return date did not prejudi…

Source excerpt

  • Public Procurement Irregularities
  • Preservation Orders
  • No Profit Principle
  • Urgency
  • Ex Parte Procedure
  • Jurisdiction Of Special Tribunal
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Constitutional Law [2021] ZAST 4

Special Investigating Unit and Another v Caledon River Properties (Pty) Ltd t/a Magwa Construction and Another (GP/17/2020)

Special Investigating Unit and Another v Caledon River Properties (Pty) Ltd t/a Magwa Construction and Another (GP/17/2020) [2021] ZAST 4 (26 February 2021)

Court
Special Tribunal
Case number
GP/17/2020
Judge
L T Modiba

The Special Tribunal is a court of similar status to the High Court as defined in section 166(e) of the Constitution. Its establishment by presidential proclamation under the Special Investigating Units and Special Tribunals Act does not detract from its status as a court recognized by national legislation. The Tribunal possesses judicial authority, independence, and procedural features akin to the High Court, including the power to adjudicate civil matters arising from SIU investigations and to make any order necessary to give effect to its decisions. Section 170 of the Constitution confers…

Source excerpt

  • Jurisdiction Of Special Tribunal
  • Declaration Of Constitutional Invalidity
  • Public Procurement
  • Section 217 Constitution
  • Special Investigating Units Act
  • Review Of State Contracts
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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.