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South Africa Case Law

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Administrative Law [2024] ZAGPPHC 912

Internet Filing (Pty) Ltd v Minister of Employment and Labour and Others (078950/2024)

Internet Filing (Pty) Ltd v Minister of Employment and Labour and Others (078950/2024) [2024] ZAGPPHC 912 (5 September 2024)

The High Court confirmed an interim interdict stopping implementation of a UIF tender award pending review, and ordered production of the record.

  • Interim Interdict
  • Public Procurement
  • Review Of Administrative Action
  • Urgency
  • Production Of Record
  • Tender Evaluation
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Tax Law [2021] ZAGPJHC 623

Commissioner of the South African Revenue Service v Rappa Resources (Pty) Ltd (2021/22981)

Commissioner of the South African Revenue Service v Rappa Resources (Pty) Ltd (2021/22981) [2021] ZAGPJHC 623 (8 November 2021)

The High Court granted leave to appeal against an interlocutory order compelling production of the record, holding that jurisdiction under section 105 had to be decided first.

  • Tax Administration Act
  • Leave To Appeal
  • Jurisdiction
  • Production Of Record
  • Rule 53 Application
  • Leave-to-appeal
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Civil Procedure [2013] ZAGPJHC 239

Stevens and Others v Swart NO and Others (2012/38742)

Stevens and Others v Swart NO and Others (2012/38742) [2013] ZAGPJHC 239; 2014 (2) SA 150 (GSJ) (15 August 2013)

The High Court held that Rule 30A could not be used to compel third parties to produce a Rule 53 record. The application was dismissed with costs.

  • Rule 53 Review
  • Production Of Record
  • Privilege And Confidentiality
  • Access To Information
  • Criminal Investigation
  • Costs Order
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Constitutional Law [2012] ZASCA 15

Democratic Alliance and Others v Acting National Director of Public Prosecutions and Others (288/11)

Democratic Alliance and Others v Acting National Director of Public Prosecutions and Others (288/11) [2012] ZASCA 15; 2012 (3) SA 486 (SCA); [2012] 2 All SA 345 (SCA); 2012 (6) BCLR 613 (SCA) (20 March 2012)

The Supreme Court of Appeal held that the decision by the Acting National Director of Public Prosecutions to discontinue prosecution is subject to judicial review for compliance with constitutional principles, specifically the rule of law and legality. The Court found that the Democratic Alliance, as a registered political party and official opposition, has standing to bring the review application both in its own interest and in the public interest, given its role in upholding constitutional values and representing the electorate. The Court ordered that the record of the decision be produced,…

  • Locus Standi
  • Review Of Prosecutorial Decisions
  • Rule Of Law
  • Production Of Record
  • Public Interest Litigation
  • Uniform Rule 53
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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.