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South Africa decisions
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Bojosinyane v Maroga and Others (UM197/2022) [2024] ZANWHC 221; [2024] 4 All SA 378 (NWM) (23 August 2024)
Full Court appeal struck from the roll for procedural non-compliance and mootness, with costs awarded against the appellant.
MEC for Health, KwaZulu-Natal v Premier, Kwazulu-Natal: In re Minister of Health and Others v Treatment Action Campaign and Others (CCT15/02) [2002] ZACC 14; 2002 (10) BCLR 1028 (CC); 2002 (5) SA 717 (CC) (5 July 2002)
The Constitutional Court held that the dispute between the Premier and the MEC was a political matter that should have been resolved internally within the provincial government, not through litigation. Even if the dispute was justiciable, both parties failed to comply with their constitutional obligations of cooperative government under section 41(1)(h). The relief sought by the MEC would have no practical effect, as he was already represented by the same legal team as the other respondents and the case was fully argued. The Premier did not appeal the High Court's order and abided by the deci…
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