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South Africa Case Law

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Administrative Law [2023] ZAGPJHC 1375

Democratic Alliance v City of Johannesburg Metropolitan Municipality and Others (2023-041913)

Democratic Alliance v City of Johannesburg Metropolitan Municipality and Others (2023-041913) [2023] ZAGPJHC 1375 (27 November 2023)

The High Court refused leave to appeal in a municipal governance dispute, holding that none of the proposed appeal grounds had reasonable prospects of success.

  • Principle Of Legality
  • Municipal Manager Appointment
  • Procedural Irregularity
  • Remedial Discretion
  • Leave-to-appeal
  • Municipal-governance
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Administrative Law [2022] ZASCA 149

Siyangena Technologies (Pty) Ltd v PRASA and Others (487/2021)

Siyangena Technologies (Pty) Ltd v PRASA and Others (487/2021) [2022] ZASCA 149; [2023] 1 All SA 74 (SCA); 2023 (2) SA 51 (SCA) (1 November 2022)

The Supreme Court of Appeal held that the procurement contracts between PRASA and Siyangena were constitutionally invalid due to pervasive irregularities and corruption in the procurement process. The delay in PRASA's self-review application was condoned, as the new Board acted reasonably once the true extent of the malfeasance was uncovered. Siyangena was found not to be an innocent party, but complicit or at least a beneficiary of the irregularities. The remedial order for an independent engineer to assess the value of works was upheld as a just and equitable remedy, ensuring neither party…

  • Legality Review
  • Public Procurement Irregularities
  • Just And Equitable Remedy
  • Delay Condonation
  • Remedial Discretion
  • Costs Sanction
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Civil Procedure [2022] ZAGPJHC 528

Motsoeneng v South African Broadcasting Corporation SOC Limited and Others (2017/ 29163)

Motsoeneng v South African Broadcasting Corporation SOC Limited and Others (2017/ 29163) [2022] ZAGPJHC 528 (15 July 2022)

Leave to appeal was refused in a dispute over a success fee paid to Mr Motsoeneng, with the court upholding repayment, interest, and costs orders.

  • Leave To Appeal
  • Success Fee Policy
  • Board Powers
  • Remedial Discretion
  • Costs Award
  • Public Policy
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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.