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South Africa Case Law

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Constitutional Law [2018] ZACC 26

South African Social Security Agency and Another v Minister of Social Development and Others (CCT48/17)

South African Social Security Agency and Another v Minister of Social Development and Others (CCT48/17) [2018] ZACC 26; 2018 (10) BCLR 1291 (CC) (30 August 2018)

Court
Constitutional Court
Case number
CCT 48/17
Judges
Mogoeng, Zondo, Cachalia, Dlodlo, Froneman, Goliath, Jafta, Khampepe, Madlanga, Petse, Theron

The Court found that although SASSA's urgency was self-created and its explanation for the delay was inadequate, the interests of approximately 2.8 million vulnerable grant recipients outweighed the factors against granting a further extension. The principle of justice and equity required the Court to prevent serious prejudice to those dependent on social grants, even at the expense of finality in litigation. The Court held that neither the Minister nor the CEO had acted in bad faith or with gross negligence sufficient to warrant personal costs orders. However, SASSA and its CEO in her offici…

Source excerpt

  • Just And Equitable Remedy
  • Extension Of Invalidity Suspension
  • Personal Costs Liability
  • Social Grants
  • Urgency In Application
  • Supervisory Jurisdiction
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Civil Procedure [2018] ZAGPPHC 547

Mlengana v Minister of Agriculture, Forestry and Fisheries (76891/2017)

Mlengana v Minister of Agriculture, Forestry and Fisheries (76891/2017) [2018] ZAGPPHC 547 (23 April 2018)

Court
North Gauteng High Court, Pretoria
Case number
76891/2017
Judge
Ranchod

The court found that the respondent acted on legal advice in a matter where the law was not settled, as demonstrated by conflicting judgments. There was no evidence of unreasonable or vexatious conduct by the respondent. Accordingly, the respondent should not be joined in his personal capacity nor be subjected to a punitive costs order. The appropriate order is that the respondent pays the costs of the application in his official capacity on the party and party scale.

Source excerpt

  • Costs Order
  • Personal Costs Liability
  • Joinder Of Parties
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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.