South Africa Case Law

South African Civil Aviation Authority v Civil Aviation Appeal Authority and Others (66128/2020)

South African Civil Aviation Authority v Civil Aviation Appeal Authority and Others (66128/2020) [2024] ZAGPPHC 988 (27 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

66128/2020

Judge

Ally AJ

The High Court dismissed a review of an aviation appeal body's rulings on jurisdiction and mootness, holding the dispute remained live and reviewable relief was not shown.

• Judicial Review
• Functus Officio
• Jurisdiction Of Tribunals
• Mootness
• Promotion Of Administrative Justice Act
• Judicial-review

Butt v The Director-General Department of Water And Sanitation and Others (WT06/17/GP)

Butt v The Director-General Department of Water And Sanitation and Others (WT06/17/GP) [2021] ZAWT 5 (2 August 2021)

Court

Water Tribunal

Case number

WT06/17/GP

Judges

M.R. Mokgalabone, U.N. Mbeki

The Water Tribunal found that it has jurisdiction to adjudicate the appeal as the cause of action arises under section 148(1)(f) of the National Water Act. However, the appellant does not have locus standi because neither he nor his predecessor in title lodged a written objection under section 41 of the NWA. The Tribunal held that its jurisdiction is strictly derived from statute and cannot be expanded by constitutional arguments or public interest submissions. The Escarpment and Werda cases confirm that only objectors who participated in the application process are entitled to appeal. The ap…

Source excerpt

• National Water Act
• Water Use Rights
• Locus Standi
• Jurisdiction Of Tribunals
• Public Participation
• Environmental Degradation

Shelton avd Another v Eastern Cape Development Tribunal and Others (489/2015)

Shelton avd Another v Eastern Cape Development Tribunal and Others (489/2015) [2016] ZASCA 125 (26 September 2016)

Court

Supreme Court of Appeal

Case number

489/2015

Judges

Lewis, Wallis, Willis, Saldulker, Potterill

The Supreme Court of Appeal held that a development tribunal had no jurisdiction to decide a land application after the suspension period for invalidity expired.

• Declaration Of Invalidity
• Jurisdiction Of Tribunals
• Suspension Of Invalidity
• Municipal Planning
• Transitional Provisions
• Retrospective Effect