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South Africa Case Law

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Administrative Law [2024] ZACC 23

Swanepoel N.O. (Executor in the Estate Late Mignon Adelia Steyn) v Profmed Medical Scheme (CCT 336/22)

Swanepoel N.O. (Executor in the Estate Late Mignon Adelia Steyn) v Profmed Medical Scheme (CCT 336/22) [2024] ZACC 23; 2025 (1) SA 33 (CC); 2025 (2) BCLR 205 (CC) (9 October 2024)

Court
Constitutional Court
Case number
CCT 336/22
Judges
Zondo CJ, Madlanga ADCJ, Bilchitz AJ, Chaskalson AJ, Dodson AJ, Majiedt J, Mathopo J, Theron J, Tshiqi J

The Constitutional Court held that the right to just administrative action under PAJA is transmissible to a deceased estate where the estate has a financial interest in the outcome. The Appeal Board's proceedings were procedurally unfair, as Ms Steyn was denied the opportunity to respond to new grounds (hip arthroscopy) and lead evidence. The Court found that mere diagnostic procedures and common conditions such as gastritis do not constitute material non-disclosure under section 29(2)(e) of the Medical Schemes Act. The statutory test for materiality does not dispense with the common law requ…

Source excerpt

  • Medical Schemes Act
  • Material Non Disclosure
  • Procedural Fairness
  • Promotion Of Administrative Justice Act
  • Standing In Review
  • Contractual Inducement
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Administrative Law [2022] ZAWCHC 182

All 4 Security Services CC and Others v The City of Cape Town and Others (11496/2021)

All 4 Security Services CC and Others v The City of Cape Town and Others (11496/2021) [2022] ZAWCHC 182 (15 September 2022)

Court
Western Cape High Court, Cape Town
Case number
11496/2021
Judge
Binns-Ward

The court found that the City's advertisement for tender 226S/2020/21 failed to comply with the requirements of s 217 of the Constitution, the MFMA, and the City's supply chain management policy. The term 'facilities management' was too generic and did not adequately inform potential bidders that the contract included the provision of security services. This lack of clarity undermined transparency, competitiveness, and fairness in the procurement process. The court rejected the City's argument that interested parties could have discovered the scope by consulting the tender documentation, hold…

Source excerpt

  • Public Procurement
  • Municipal Supply Chain Management
  • Procedural Fairness
  • Constitutional Compliance
  • Tender Advertising Requirements
  • Standing In Review
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.