South Africa Case Law

Auditor-General of SA v MEC for Economic Opportunities, Western Cape and Another (671/2020)

Auditor-General of SA v MEC for Economic Opportunities, Western Cape and Another (671/2020) [2021] ZASCA 133; 2022 (5) SA 44 (SCA) (4 October 2021)

Court

Supreme Court of Appeal

Case number

671/2020

Judges

Navsa, Saldulker, Van der Merwe, Molemela, Mothle

The Supreme Court of Appeal dismissed the Auditor-General’s appeal, holding that the payments were correctly classified as transfers and that PAJA did not apply.

• Public Finance Management Act
• Principal Agent Relationships
• Promotion Of Administrative Justice Act
• Audit Review
• Classification Of Expenditure
• Rule Of Law Review

Stanfield and Others v National Director of Public Prosecutions Advocate Abrahams N.O and Another (40248/18)

Stanfield and Others v National Director of Public Prosecutions Advocate Abrahams N.O and Another (40248/18) [2019] ZAGPPHC 429; 2020 (1) SACR 232 (GP) (17 September 2019)

Court

North Gauteng High Court, Pretoria

Case number

40248/18

Judge

Potterill

The court held that the applicants' reliance on PAJA to review the NDPP's decision was incompetent, as prosecutorial decisions are expressly excluded from administrative action under section 1(ff) of PAJA. The only permissible review is on the grounds of legality and rationality, which was not properly pleaded or substantiated by the applicants. The NDPP acted within statutory powers under section 22(3) of the NPA Act and section 111 of the CPA, and was entitled to specify the place of trial. The majority of accused and the investigation team are based in the Western Cape, making Khayelitsha…

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• Prosecutorial Discretion
• Jurisdiction Transfer
• Promotion Of Administrative Justice Act
• Rule Of Law Review

Freedom Under Law v National Director of Public Prosecutions and Others (26912/12)

Freedom Under Law v National Director of Public Prosecutions and Others (26912/12) [2013] ZAGPPHC 271; [2013] 4 All SA 657 (GNP); 2014 (1) SA 254 (GNP); 2014 (1) SACR 111 (GNP) (23 September 2013)

Court

North Gauteng High Court, Pretoria

Case number

26912/12

Judge

Murphy

The court found that the decisions to withdraw criminal and disciplinary charges against Lieutenant-General Richard Mdluli were unlawful, irrational, and invalid. The Special Director of Public Prosecutions withdrew charges without the required concurrence of the relevant DPP, violating section 24(3) of the NPA Act. The process was arbitrary, ignored compelling evidence, and failed to consult relevant stakeholders, breaching the requirements of legality and rationality. The withdrawal of disciplinary charges and reinstatement of Mdluli were made under dictation from unauthorised persons, amou…

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• Prosecutorial Discretion
• Withdrawal Of Charges
• Disciplinary Proceedings
• Rule Of Law Review
• Public Interest Standing
• Consultation Requirement