Pretoria Timber Treaters CC v Mosunkuto N.O. (53710/2008)
Pretoria Timber Treaters CC v Mosunkuto N.O. (53710/2008) [2009] ZAGPPHC 326 (22 September 2009)
The Applicant failed to discharge the onus of proving that the Respondent acted unlawfully, unreasonably, or procedurally unfairly in imposing the administrative fine. The Respondent provided adequate reasons for the decision, including the calculation protocol and guidelines, which were uncontested by the Applicant. The Applicant did not file a replying affidavit or supplementary affidavit to challenge the Respondent's evidence. Applying the principles from Plascon Evans, the uncontested facts and evidence support the lawfulness and reasonableness of the Respondent's decision. The applicatio…
Source excerpt
- Promotion Of Administrative Justice Act
- Environmental Impact Assessment
- Administrative Fines
- Rectification Application