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South Africa decisions
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Sekoko Mametja Incorporated Attorneys v Fetakgomo Tubatse Local Municipality (60/2021) [2022] ZASCA 28 (18 March 2022)
The Supreme Court of Appeal held that, despite an invalid tender award, the municipality had to pay for services already rendered under a just and equitable remedy.
Big Five Duty Free (Pty) Limited v Airports Company South Africa Limited and Others (1064/2016) [2017] ZASCA 110; [2017] 4 All SA 295 (SCA) (15 September 2017)
The SCA held that a settlement agreement made an order of court bound ACSA and preserved Big Five’s tender award, obliging ACSA to implement the lease.
President of South Africa and Others v Reinecke (210/13) [2014] ZASCA 3; 2014 (3) SA 205 (SCA); [2014] 5 BLLR 419 (SCA); [2014] 2 All SA 376 (SCA); (2014) 35 ILJ 1485 (SCA) (28 February 2014)
The Supreme Court of Appeal held that, even if magistrates are employees of the State, their appointment, discipline, and discharge are governed by statute, specifically the Magistrates Act and its regulations. The respondent's grievances regarding his working conditions and removal from relief duties were matters for public law remedies, such as judicial review or interdict, not contractual damages. The chief magistrate had no authority to repudiate any contract or dismiss the respondent, and the statutory process for discharge was not followed. Recognising a contractual remedy for damages i…
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KwaZulu-Natal Joint Liaison Committee v MEC Department of Education, Kwazulu-Natal and Others (CCT 60/12) [2013] ZACC 10; 2013 (6) BCLR 615 (CC); 2013 (4) SA 262 (CC) (25 April 2013)
The majority held that the Department's 2008 notice constituted a publicly promulgated promise to pay subsidies to independent schools, and that once the payment date for the first tranche had passed, the Department was legally obliged to pay the approximate amounts specified. Retroactive reduction of subsidies after the payment date was not permissible, regardless of budgetary constraints, as it would undermine reliance, accountability, and rationality. The statutory and regulatory framework, including the Schools Act, Norms and Standards, and KZN Regulations, imposed a legal obligation to p…
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