South Africa Case Law

Financial Sector Conduct Authority and Others v Deighton (A304/2022; 15703/2021)

Financial Sector Conduct Authority and Others v Deighton (A304/2022; 15703/2021) [2024] ZAGPPHC 88 (7 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

A304/2022; 15703/2021

Judges

Kooverjie, Nyathi, Retief

The court held that the review application was premature and incompetent, as the investigation was ongoing and no final decision had been made by the FSCA. PAJA does not apply to investigative proceedings, only to administrative actions with direct external legal effect. The respondent was afforded procedural fairness appropriate to the investigation stage, including legal representation, advance notice of issues, and the opportunity to consult with counsel during interviews. The refusal to provide documents prior to interviews was rationally related to the investigation process and did not a…

Source excerpt

• Procedural Fairness
• Promotion Of Administrative Justice Act
• Financial Sector Regulation Act
• Midstream Review
• Natural Justice
• Investigative Vs Adjudicative Distinction

Khipha v Minister of Home Affairs And Others (JA 37/2013)

Khipha v Minister of Home Affairs And Others (JA 37/2013) [2014] ZALAC 17 (27 March 2014)

Court

Labour Appeal Court

Case number

JA 37/2013

Judges

Davis, Ndlovu, Sutherland

The Labour Appeal Court upheld an appeal and restored condonation for a late referral, holding that midstream review requires exceptional circumstances and grave injustice.

• Condonation
• Late Referral
• Jurisdiction
• Midstream Review
• Arbitration Procedure
• Midstream-review