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Administrative Law [2017] ZALMPPHC 39

Meridian Operations Company NPC and Others v MEC for Limpopo Department of Education and Another (4582/2016)

Meridian Operations Company NPC and Others v MEC for Limpopo Department of Education and Another (4582/2016) [2017] ZALMPPHC 39 (27 November 2017)

The court found that the MEC's decision to dismiss the applicants' appeal was based on material errors of fact, specifically the incorrect belief that Curro Holdings owned the schools and that the applicants were not registered non-profit organisations. These errors rendered the decision irrational and unlawful under PAJA. The court held that the circumstances were exceptional, justifying substitution of the administrative action rather than remitting the matter, as the correct outcome was self-evident and all relevant information was available. The demand for repayment of subsidies was also…

  • Promotion Of Administrative Justice Act
  • School Subsidies
  • Review Of Administrative Action
  • Locus Standi
  • Declaratory Relief
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