Lesedi News CC v Rustenburg Local Municipality (4/14)
Lesedi News CC v Rustenburg Local Municipality (4/14) [2014] ZANWHC 35 (6 November 2014)
The Full Bench held that the respondent's decision to require the appellant to dismantle advertising structures was not administrative action under PAJA. The relationship between the parties was governed by contract, concluded on equal terms after a tender process, and the respondent's power to act derived from the contract, not from statute or a position of public authority. The statutory framework and by-laws were incorporated into the contract, but the impugned decision was made pursuant to contractual terms, not as an exercise of public power. The authorities relied upon by the appellant…
Source excerpt
- Promotion Of Administrative Justice Act
- Municipal Powers
- Contractual Termination
- Outdoor Advertising
- Public Power Vs Contract
- Review Of Administrative Action