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South Africa Case Law

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Administrative Law [2024] ZAGPJHC 47

Air Chefs SOC Limited v Public Protector of the Republic of South Africa and Others (31083/2020)

Air Chefs SOC Limited v Public Protector of the Republic of South Africa and Others (31083/2020) [2024] ZAGPJHC 47 (26 January 2024)

Court
South Gauteng High Court, Johannesburg
Case number
31083/2020
Judge
Adams

The court found that Air Chefs' withdrawal of the tender award to Mantelli's constituted unlawful administrative action and maladministration. The Public Protector's findings and remedial action were rationally connected to the facts and lawful under the legality doctrine. However, there was no credible evidence of dishonesty or fraud by Air Chefs or SAA officials, and thus no basis for awarding damages beyond reimbursement of proven out-of-pocket expenses. The Public Protector acted within her powers, and her failure to refer the matter for criminal prosecution was justified given the lack o…

Source excerpt

  • Public Protector Act
  • Judicial Review
  • Maladministration
  • Remedial Action
  • Legality Doctrine
  • Irrationality
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Administrative Law [2015] ZAKZDHC 54

Aboobaker N.O and Others v Serengeti Rise Body Corporate and Another (12052/2014)

Aboobaker N.O and Others v Serengeti Rise Body Corporate and Another (12052/2014) [2015] ZAKZDHC 54; 2015 (6) SA 200 (KZD); [2015] 3 All SA 538 (KZD) (29 June 2015)

Court
Kwazulu-Natal High Court, Durban
Case number
12052/2014
Judge
Steyn

The court found that the rezoning of 317 Currie Road from GR1 to GR5 was unlawful and invalid due to the respondents' failure to comply with statutory notice requirements under the Town Planning Ordinance. Notices were not properly served on all affected owners and occupiers, and the public notification process was inadequate. The approval of building plans for a nine-storey structure was consequently invalid, as it relied on the unlawful rezoning. The Municipality failed to act in accordance with the Promotion of Administrative Justice Act and its own Ordinance. The court held that only the…

Source excerpt

  • Judicial Review Of Administrative Action
  • Building Plan Approval
  • Rezoning Procedure
  • Notice Requirements
  • Legality Doctrine
  • Demolition Order
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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.