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South Africa Case Law

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Constitutional Law [2025] ZAGPPHC 29

Institute for Economic Justice and Another v Minister of Social Development and Others

Institute for Economic Justice and Another v Minister of Social Development and Others [2025] ZAGPPHC 29; [2025] 2 All SA 230 (GP); 2025 (4) SA 249 (GP) (23 January 2025)

Court
North Gauteng High Court, Pretoria
Case number
071891/2023
Judge
Twala M L

The court found that the SRD grant regulations and procedures unlawfully and unconstitutionally excluded eligible applicants from accessing social assistance, violating section 27 of the Constitution. The online-only application process constituted an unreasonable barrier for poor and vulnerable persons, lacking justification for differentiation from other grants. The definitions of 'income' and 'financial support' were interpreted too broadly, resulting in unjust exclusions. Both the bank and database verification processes were unreliable, lacked conflict resolution mechanisms, and operated…

Source excerpt

  • Social Assistance
  • Progressive Realisation
  • Regulatory Invalidity
  • Income Thresholds
  • Procedural Fairness
  • Bill Of Rights Limitation
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Administrative Law [2013] ZAGPPHC 550

Central African Road Services (Pty) Ltd v Cross-Border Road Transport Agency and Another (60113/2013)

Central African Road Services (Pty) Ltd v Cross-Border Road Transport Agency and Another (60113/2013) [2013] ZAGPPHC 550 (1 November 2013)

Court
North Gauteng High Court, Pretoria
Case number
60113/2013
Judge
Heaton-Nicholls

The court held that the six-month suspension period for the declaration of invalidity of the 2011 Cross-Border Road Transport amendment regulations expired at midnight on 14 August 2013, with no application for extension made during that period. As a result, the declaration of invalidity operates with full retrospective effect from that date. The respondents' application for leave to appeal does not suspend the operation of the declaration of invalidity, as constitutional invalidity flows from inconsistency with the Constitution and not from the court order. The permit fees payable by cross-b…

Source excerpt

  • Regulatory Invalidity
  • Suspension Of Invalidity
  • Permit Fees
  • Procedural Fairness
  • Public Consultation
  • Retrospective Effect
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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.