South Africa Case Law

Legal Practitioners Indemnity Insurance Fund NPC and Others v Road Accident Fund and Others (046038/2022)

Legal Practitioners Indemnity Insurance Fund NPC and Others v Road Accident Fund and Others (046038/2022) [2024] ZAGPPHC 294; 2024 (4) SA 594 (GP) (20 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

046038/2022

Judges

Molopa-Sethosa, Unterhalter, Motha

The court found that both the Board Notice and the RAF 1 Form constitute administrative action under PAJA. The Minister failed to provide evidence of proper consideration of the requirements of the RAF Act, the constitutional rights of claimants, or adherence to procedural fairness, including public participation as required by PAJA. The adoption of the RAF 1 Form was motivated by resolving a dispute over regulatory authority rather than substantive consideration of the form's contents. The RAF acted ultra vires in publishing the Board Notice, encroaching upon powers reserved for the Minister…

Source excerpt

• Promotion Of Administrative Justice Act
• Ultra Vires
• Procedural Fairness
• Bill Of Rights Limitation
• Delegation Of Powers
• Rationality And Legality

Malusi Wekhaya Construction CC v Bargaining Council for the Civil Engineering Industry and Others (C479 & C480/2021)

Malusi Wekhaya Construction CC v Bargaining Council for the Civil Engineering Industry and Others (C479 & C480/2021) [2024] ZALCCT 2; (2024) 45 ILJ 858 (LC); [2024] 4 BLLR 397 (LC) (23 January 2024)

Court

Labour Court Cape Town

Case number

C479 & C480/2021

Judge

Rabkin-Naicker

The Labour Court set aside BCCEI appeal decisions refusing or limiting exemption from wage and bonus increases, finding the process irrational and inadequately reasoned.

• Collective Agreement Exemption
• Review Of Administrative Action
• Rationality And Legality
• Natural Justice
• Ex Post Facto Reasoning
• Collective-agreement-exemption