South Africa Case Law

Covid Care Alliance NPC and Others v President of The Republic of South Africa and Others (000149/2023)

Covid Care Alliance NPC and Others v President of The Republic of South Africa and Others (000149/2023) [2024] ZAGPPHC 171 (29 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

000149/2023

Judge

N Davis

The court found that the applicants failed to establish a sufficient evidentiary basis for the sweeping interdictory relief sought. The expert evidence presented by the applicants was found to be inadmissible, unreliable, and lacking in proper qualifications, while the respondents' expert evidence was accepted as authoritative. The applicants did not demonstrate a clear right to prevent others from accessing vaccines, nor did they establish that the alleged harm outweighed the public health benefits of vaccination. The application suffered from fatal non-joinder of vaccine manufacturers and a…

Source excerpt

• Separation Of Powers
• Public Health Regulation
• Judicial Review
• Standing
• Admissibility Of Expert Evidence
• Interdict Requirements

Association of Concerned Professional Animal Consultants v Minister of Agricultural, Forestry and Others (62661/18)

Association of Concerned Professional Animal Consultants v Minister of Agricultural, Forestry and Others (62661/18) [2022] ZAGPPHC 503 (14 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

62661/18

Judge

Tlhapi VV

The High Court granted leave to appeal, finding compelling reasons for the Full Court to consider whether legality issues were raised and whether costs were correctly ordered.

• Promotion Of Administrative Justice Act
• Principle Of Legality
• Delay In Review Applications
• Costs Biowatch Principle
• Public Health Regulation
• Leave-to-appeal

Administrator of the Cape v Raats Rontgen and Vermeulen (Pty) Ltd (610/90)

Administrator of the Cape v Raats Rontgen and Vermeulen (Pty) Ltd (610/90) [1991] ZASCA 126; 1992 (1) SA 245 (AD); [1992] 1 All SA 257 (A) (27 September 1991)

Court

Supreme Court of Appeal

Case number

610/90

Judges

Botha, Hefer, Nestadt, Van den Heever, KrieglER

The court held that the Cape Administration’s medicine repacking scheme did not breach the Act or Regulations, and that the Act did not bind the Administration.

• Medicines And Related Substances Control Act
• Statutory Interpretation
• Public Health Regulation
• State Liability
• Regulatory Compliance
• Statutory-interpretation