South Africa Case Law

Primedia Broadcasting, A Division of Primedia (Pty) Ltd and Others v Speaker of the National Assembly and Others (2749/2015)

Primedia Broadcasting, A Division of Primedia (Pty) Ltd and Others v Speaker of the National Assembly and Others (2749/2015) [2015] ZAWCHC 72; 2015 (4) SA 525 (WCC); [2015] 3 All SA 340 (WCC); 2015 (7) BCLR 835 (WCC) (28 May 2015)

Court

Western Cape High Court, Cape Town

Case number

2749/2015

Judges

Dlodlo, Henney, Savage

The majority held that Parliament’s Policy and Rules restricting the broadcast of incidents of grave disorder and unparliamentary behaviour are reasonable measures within the meaning of sections 59(1)(b) and 72(1)(b) of the Constitution. Parliament is constitutionally empowered to regulate its internal arrangements and proceedings to protect its dignity and functionality. The measures do not amount to censorship but serve to balance openness with the need to maintain order and decorum. The applicants failed to demonstrate that the limitations are unreasonable or unjustifiable. Regarding the s…

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• Parliamentary Openness
• Broadcasting Regulation
• Freedom Of Expression
• Policy Review
• Reasonableness Of Limitations
• Signal Jamming

National Association of Welfare Organisations and Non-Governmental Organisations and Others v Member of the Executive Council for Social Development , Free State and Others (1719/2010)

National Association of Welfare Organisations and Non-Governmental Organisations and Others v Member of the Executive Council for Social Development , Free State and Others (1719/2010) [2014] ZAFSHC 127 (28 August 2014)

Court

Free State High Court, Bloemfontein

Case number

1719/2010

Judge

C.H.G. Van der Merwe

The court found that the third revised policy on financial awards to nonprofit organisations in the social development sector complies with the constitutional and statutory obligations set out in previous judgments. The policy provides for prioritisation of programmes and funding of core costs, with a transparent and consultative process for determining nonprofit organisations' own contributions. The court held that the policy constitutes a reasonable measure for progressive realisation of socio-economic rights within available resources, and that the consultation process was meaningful. The…

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• Progressive Realisation Of Socio Economic Rights
• Structural Interdict
• Policy Review
• Funding Of Nonprofit Organisations
• Consultation Requirements

Oceana Group Ltd and Another v Minister of Water & Environmental Affairs and Others (507/11)

Oceana Group Ltd and Another v Minister of Water & Environmental Affairs and Others (507/11) [2012] ZASCA 35; [2012] 2 All SA 602 (SCA) (29 March 2012)

Court

Supreme Court of Appeal

Case number

507/11

Judges

NAVSA, VAN HEERDEN, MHLANTLA, LEACH, WALLIS

The SCA upheld a policy for transferring commercial fishing rights, rejecting claims that it wrongly ignored BBBEE codes and exceeded the MLRA.

• Marine Living Resources Act
• Broad Based Black Economic Empowerment
• Policy Review
• Ultra Vires
• Administrative Action
• Transformation Objectives

National Association of Welfare Organization and Non-Govermental Organizations and Others v MEC for Social Development, Free State and Others (1719/2010)

National Association of Welfare Organization and Non-Govermental Organizations and Others v MEC for Social Development, Free State and Others (1719/2010) [2011] ZAFSHC 84 (9 June 2011)

Court

Free State High Court, Bloemfontein

Case number

1719/2010

Judge

C.H.G. Van der Merwe

The court held that the revised Free State social development funding policy still failed to comply with the earlier order and required redrafting within 90 days.

• Policy Review
• Funding Of Nonprofit Organisations
• Children Socio Economic Rights
• Statutory Obligations
• Reasonableness Of Administrative Action
• Administrative-law