During NO v Boesak and Another (10/89)
During NO v Boesak and Another (10/89) [1990] ZASCA 51; 1990 (3) SA 661 (AD); [1990] 2 All SA 347 (A) (23 May 1990)
The majority held that the appellant, as the functionary empowered under regulation 10(1)(c), bore the onus to prove that he properly exercised his discretion in prohibiting the concert. The discretion was not objectively justiciable, but the appellant was required to show that his decision was made in good faith, with proper consideration of relevant facts. The information relied upon by the appellant was vague and did not establish a sufficient nexus between the anticipated activities of certain black youths and the necessity to prohibit the concert. The appellant failed to discharge the on…
Source excerpt
- Onus Of Proof
- Review Of Administrative Action
- Regulation 10 1 C
- Fundamental Rights
- Ultra Vires
- State Of Emergency