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South Africa Case Law

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Civil Procedure [2024] ZANWHC 96

North West Department of Human Settlement v King Associates Engineering and Project Managers CC and Others (M77/2022)

North West Department of Human Settlement v King Associates Engineering and Project Managers CC and Others (M77/2022) [2024] ZANWHC 96 (3 April 2024)

The High Court held that Rule 35 discovery in motion proceedings requires a prior court order, and dismissed the respondents’ irregular discovery and Rule 53 demands.

  • Discovery In Motion Proceedings
  • Self Review By Organs Of State
  • Principle Of Legality
  • Rule 35 Discovery
  • Rule 53 Record Production
  • Discovery-in-motion-proceedings
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Administrative Law [2023] ZAGPPHC 363

Independent Development Trust (IDT) v Bakhi Design Studio CC and Others

Independent Development Trust (IDT) v Bakhi Design Studio CC and Others [2023] ZAGPPHC 363; 033351/2023 (12 May 2023)

The High Court stayed pending arbitration because the dispute concerns legality-based review of public procurement decisions, which must be determined by court.

  • Principle Of Legality
  • Public Procurement
  • Stay Of Arbitration
  • Self Review By Organs Of State
  • Constitutional Jurisdiction
  • Irrationality In Public Contracts
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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.