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South Africa Case Law

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Constitutional Law [2021] ZAWCHC 261

Vinpro NPC v President of the Republic of South Africa and Others (1741/2021)

Vinpro NPC v President of the Republic of South Africa and Others (1741/2021) [2021] ZAWCHC 261 (3 December 2021)

Court
Western Cape High Court, Cape Town
Case number
1741/2021
Judges
Dolamo, Wille, Slingers

The court refused the applicant's amendment application, finding no adequate explanation for the delay and holding that granting the amendment would prejudice the respondents by requiring them to answer a fresh challenge to regulations that no longer existed. The application was found to be moot, as the impugned regulations had been repealed and no live controversy remained. The High Court, as a court of first instance, does not have discretion to hear moot matters. On the constitutional challenge, the court held that the Disaster Management Act and the impugned regulations fell within the co…

Source excerpt

  • Disaster Management Act
  • Provincial Competence
  • Mootness
  • Liquor Regulation
  • Cooperative Government
  • Constitutional Interpretation
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Constitutional Law [2014] ZAECGHC 114

Shoprite Checkers (Pty) Ltd v MEC For Economic Development, Environmental Affairs and Tourism: Eastern Cape and Others (1278/14)

Shoprite Checkers (Pty) Ltd v MEC For Economic Development, Environmental Affairs and Tourism: Eastern Cape and Others (1278/14) [2014] ZAECGHC 114 (13 November 2014)

Court
Eastern Cape High Court, Grahamstown
Case number
1278/14
Judge
Smith

The court found that grocer’s wine licences issued under the 1989 Liquor Act constitute property for the purposes of section 25(1) of the Constitution, as they are definable, commercially valuable, transferable (subject to approval), and sufficiently permanent. The impugned provisions of the Eastern Cape Liquor Act, which mandated the automatic lapsing of these licences after ten years, resulted in a substantial and permanent deprivation of property. The respondents failed to provide sufficient and compelling reasons for this deprivation, relying on speculative policy concerns and administrat…

Source excerpt

  • Arbitrary Deprivation Of Property
  • Liquor Licensing
  • Constitutional Invalidity
  • Severability
  • Interim Interdict
  • Provincial Competence
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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.