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South Africa Case Law

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Administrative Law [2023] ZAKZDHC 69

Aqua Transport and Plant Hire (Pty) Limited v Ethekwini Municipality and Other (D9024/2020)

Aqua Transport and Plant Hire (Pty) Limited v Ethekwini Municipality and Other (D9024/2020) [2023] ZAKZDHC 69 (22 February 2023)

The High Court set aside eThekwini Municipality’s tender award after finding the tender criteria for key personnel experience were unclear and the process was not transparent.

  • Public Procurement
  • Constitutional Review
  • Bid Evaluation
  • Municipal Tender Process
  • Irrationality
  • Unfair Administrative Action
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Administrative Law [2019] ZAGPPHC 217

Temane v Minister of Defence and Military Veterans and Others (29817/17)

Temane v Minister of Defence and Military Veterans and Others (29817/17) [2019] ZAGPPHC 217 (7 June 2019)

The High Court reviewed and set aside a Military Ombud recommendation based on incorrect information, corrected the applicant's seniority and rank, and awarded punitive costs.

  • Promotion Of Administrative Justice Act
  • Military Ombud Review
  • Unfair Administrative Action
  • Delay In Review
  • Internal Remedies Exhaustion
  • Administrative-law
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Administrative Law [2011] ZAGPJHC 200

Sylla and Others v Minister of the Department of Finance and Another (08/38696)

Sylla and Others v Minister of the Department of Finance and Another (08/38696) [2011] ZAGPJHC 200 (13 December 2011)

High Court review of Reserve Bank blocking orders dismissed; the court held authorised dealers could not grant Regulation 3(1) permission and costs followed.

  • Exchange Control Regulations
  • Blocking Orders
  • Jurisdictional Facts
  • Unfair Administrative Action
  • Delegation Of Powers
  • Exchange-control-regulations
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Administrative Law [2010] ZASCA 62

AMI Forwarding (Pty) Ltd v Government of the Republic of South Africa (Department of Customs and Excise) and Another (251/09)

AMI Forwarding (Pty) Ltd v Government of the Republic of South Africa (Department of Customs and Excise) and Another (251/09) [2010] ZASCA 62; [2010] 4 All SA 347 (SCA); 72 SATC 268 (3 May 2010)

The Supreme Court of Appeal held that AMI Forwarding proved the bills of entry were acquitted and was not liable for the customs duties demanded by SARS.

  • Customs And Excise Act
  • Onus Of Proof
  • Fraud And Falsification
  • Prescription
  • Unfair Administrative Action
  • Customs-and-excise-act
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Administrative Law [2004] ZAECHC 38

Maleka v Health Professions Council of SA (ECJ 2004/051)

Maleka v Health Professions Council of SA (ECJ 2004/051) [2004] ZAECHC 38; [2005] 4 All SA 72 (EC) (28 October 2004)

The court held that removing a doctor’s registration without notice or a hearing was unfair administrative action and reviewable under PAJA.

  • Promotion Of Administrative Justice Act
  • Jurisdiction Of High Court
  • Unfair Administrative Action
  • Legitimate Expectation
  • Administrative-law
  • Judicial-review
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Administrative Law [2003] ZANWHC 46

Maselela v MEC for Education North West and Others (159/2003)

Maselela v MEC for Education North West and Others (159/2003) [2003] ZANWHC 46 (6 July 2003)

High Court review of the naming and occupation of new school buildings, finding the buildings were meant for Abel Motshwane High School and setting aside the contrary administrative decisions.

  • Promotion Of Administrative Justice Act
  • School Governing Body Powers
  • Unfair Administrative Action
  • Estoppel
  • Naming Of Public Institutions
  • Administrative-law
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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.