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South Africa Case Law

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Administrative Law [2020] ZAGPPHC 777

Gordhan and Others v Public Protector and Others (36099/2098)

Gordhan and Others v Public Protector and Others (36099/2098) [2020] ZAGPPHC 777 (17 December 2020)

Court
North Gauteng High Court, Pretoria
Case number
36099/2098
Judges
E.M Kubushi, M.L Twala, N. Davis

The court held that the Public Protector lacked jurisdiction to investigate the complaint because no objectively determined special circumstances existed at the time she exercised discretion under section 6(9) of the Public Protector Act. The reasons for special circumstances were provided only after the investigation commenced, which is impermissible. The findings and remedial orders in the Report were based on material errors of law, including misinterpretation of statutory provisions and incorrect conclusions regarding the lawfulness of the applicants' conduct. The court found that the app…

Source excerpt

  • Public Protector Jurisdiction
  • Special Circumstances Exception
  • Remedial Action
  • Audi Alteram Partem
  • Personal Costs Order
  • Review Of Administrative Action
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Administrative Law [2020] ZASCA 111

Government Employees Medical Scheme and Others v Public Protector of the Republic of South Africa and Others (1000/19)

Government Employees Medical Scheme and Others v Public Protector of the Republic of South Africa and Others (1000/19) [2020] ZASCA 111; [2020] 4 All SA 629 (SCA); 2021 (2) SA 114 (SCA) (29 September 2020)

Court
Supreme Court of Appeal
Case number
1000/19
Judges
Ponnan, Mbha, Zondi, Goosen, Mabindla-Boqwana

The Supreme Court of Appeal held that the Public Protector does not have jurisdiction under sections 6(4) or (5) of the Public Protector Act to investigate the complaint against GEMS. GEMS is a private medical scheme regulated by the Medical Schemes Act and its own rules, serving a restricted class of government employees but not performing a public function or qualifying as a public entity under the Act. The relationship between GEMS and its members is contractual, and complaints are subject to statutory procedures under the Medical Schemes Act, which Mr Ngwato failed to exhaust. The Public…

Source excerpt

  • Public Protector Jurisdiction
  • Medical Schemes Act
  • Subpoena Powers
  • Exhaustion Of Internal Remedies
  • Public Function Test
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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.