South Africa Case Law

Minister of Police v Nkabenyane (A174/2019)

Minister of Police v Nkabenyane (A174/2019) [2020] ZAGPPHC 245 (21 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

A336/2019

Judges

Mlambo JP, Francis, Hughes

The Full Court held that the dismissal of the respondents was effected by operation of law under section 59(3) of the Defence Act, not by discretionary decision. The jurisdictional facts for the deeming provision were met when the respondents absented themselves from duty for more than 30 days without permission. The requirement for a board of enquiry under section 103(1) is not a jurisdictional prerequisite for dismissal under section 59(3); its function is limited to verifying continued absence and whereabouts of kit, not the reasons for absence. The operative date of dismissal is when the…

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• Military Dismissal
• Deeming Provision
• Audi Alteram Partem
• Operation Of Law
• Review Of Administrative Action

Mnweba v National Credit Regulator (NCT/129993/2019/59(1))

Mnweba v National Credit Regulator (NCT/129993/2019/59(1)) [2019] ZANCT 179 (30 November 2019)

Court

National Consumer Tribunal

Case number

NCT/129993/2019/59(1)

Judges

L. Best, T. Bailey, P. Beck

The Tribunal found that the Applicant's registration as a debt counsellor lapsed automatically due to his failure to pay annual renewal fees as required by the National Credit Act. This lapsing was not the result of any decision or administrative action by the Respondent, but rather occurred by operation of law. Consequently, the NCR's instruction to the Payment Distribution Agent to cease payments was a practical administrative consequence of the lapsing and did not constitute a reviewable decision under Chapter 3 of the Act. The Tribunal concluded that it had no jurisdiction to review the l…

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• National Credit Act
• Debt Counsellor Registration
• Operation Of Law
• Administrative Consequence

Minister of Defence and Military Veterans v Maswanganyi (739/18)

Minister of Defence and Military Veterans v Maswanganyi (739/18) [2019] ZASCA 86; [2019] 9 BLLR 890 (SCA); 2019 (5) SA 94 (SCA); (2019) 40 ILJ 2267 (SCA) (31 May 2019)

Court

Supreme Court of Appeal

Case number

739/18

Judges

Navsa ADP, Majiedt JA, Van der Merwe JA, Molemela JA, Davis AJA

The SCA held that section 59(1)(d) of the Defence Act terminates SANDF service automatically on conviction and imprisonment, with no reviewable decision and no automatic reinstatement.

• Termination Of Service
• Operation Of Law
• Reinstatement
• Military Discipline
• Judicial Review
• Termination-of-service

Samuel v National Credit Regulator (NCT/91811/2017/59(1)NCA)

Samuel v National Credit Regulator (NCT/91811/2017/59(1)NCA) [2018] ZANCT 57 (23 August 2018)

Court

National Consumer Tribunal

Case number

NCT/91811/2017/59(1)NCA

Judges

T Bailey, H Devraj, FK Manamela

The Tribunal found that the applicant's registration as a debt counsellor lapsed automatically by operation of law due to his failure to pay annual renewal fees for three consecutive years (2014, 2015, and 2016), as required by the National Credit Act. The Regulator's notification of lapsing was not an administrative decision but a consequence of statutory provisions. The applicant's argument that the Regulator acted ultra vires was rejected, as the lapsing is peremptory and not subject to discretion. The Tribunal held that the applicant must cease all debt counselling activities and that rei…

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• Debt Counsellor Registration
• Annual Renewal Fees
• Operation Of Law
• Ultra Vires
• Prohibited Conduct