South Africa Case Law

Member of the Executive Council for Economic Opportunities, Western Cape v Auditor General of South Africa and Another (19259/2018)

Member of the Executive Council for Economic Opportunities, Western Cape v Auditor General of South Africa and Another (19259/2018) [2020] ZAWCHC 50; [2020] 3 All SA 524 (WCC); 2021 (1) SA 455 (WCC) (8 June 2020)

Court

Western Cape High Court, Cape Town

Case number

19259/2018

Judge

Vos, AJ

The High Court set aside the Auditor-General’s qualified audit findings on the Western Cape Department of Agriculture’s 2016/17 and 2017/18 financial statements.

• Promotion Of Administrative Justice Act
• Principle Of Legality
• Public Finance Management Act
• Treasury Regulations
• Retrospective Administrative Action
• Audit Review

Plasmaview Technologies (Pty) Ltd v Commissioner for the South African Revenue Service (44029/07)

Plasmaview Technologies (Pty) Ltd v Commissioner for the South African Revenue Service (44029/07) [2008] ZAGPHC 297; 72 SATC 44 (9 October 2008)

Court

High Courts - Gauteng

Case number

44029/07

Judge

Prinsloo

The court reviewed and set aside a retrospective SARS tariff determination because it was made without procedural fairness under PAJA and created a multimillion-rand liability.

• Promotion Of Administrative Justice Act
• Customs And Excise Duties
• Tariff Determination
• Procedural Fairness
• Retrospective Administrative Action
• Administrative-law

Montshioa and Another v Motshegare (110/2001)

Montshioa and Another v Motshegare (110/2001) [2001] ZANWHC 17; 2001 (8) BCLR 833 (B) (29 March 2001)

Court

North West High Court, Mafikeng

Case number

110/2001

Judge

MTR Mogoeng

The court held that the transfer of the administration of the Act to the second applicant was invalid because it was not effected by proclamation as required by s 137 of the Constitution. Consequently, the appointment of the first applicant as kgosi was null and void ab initio, as the second applicant lacked the constitutional authority to make the appointment. The subsequent proclamation by the Premier, although purporting to operate retrospectively, could not cure the invalidity, as it adversely affected the respondent's vested right to continue as acting kgosi until a lawful appointment wa…

Source excerpt

• Retrospective Administrative Action
• Constitutional Supremacy
• Validity Of Executive Acts
• Appointment Of Traditional Leaders
• Interdict
• Transfer Of Executive Functions

Premier, Province of Mpumalanga and Another v Executive Committee of the Association of Governing Bodies of State Aided Schools: Eastern Transvaal (CCT10/98)

Premier, Province of Mpumalanga and Another v Executive Committee of the Association of Governing Bodies of State Aided Schools: Eastern Transvaal (CCT10/98) [1998] ZACC 20; 1999 (2) SA 91; 1999 (2) BCLR 151 (2 December 1998)

Court

Constitutional Court

Case number

CCT 10/98

Judges

O'Regan, Chaskalson, Langa, Ackermann, Goldstone, Kriegler, Madala, Mokgoro, Sachs, Yacoob

Government bursary cuts for state-aided schools were held invalid because affected schools had a legitimate expectation of continued payment and no reasonable notice was given.

• Procedural Fairness
• Legitimate Expectation
• Section 24 Interim Constitution
• Education Policy
• Retrospective Administrative Action
• Procedural-fairness