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South Africa decisions
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Le Roux v Stellenbosch University and Others (24729/2024) [2025] ZAWCHC 85 (3 March 2025)
The High Court dismissed a review of a student election disqualification, holding that the challenge attacked the merits rather than showing unreasonableness under PAJA.
Industrial Zone (Pty) Ltd v MEC for Economic Development, Environment, Agriculture and Rural Affairs, Gauteng and Another (7746/18) [2023] ZAGPJHC 376 (25 April 2023)
The High Court held that refusing to allow a stream diversion was administrative action under PAJA, but the refusal was rational and reasonable. The review was dismissed.
G.R.P.S v Member of the Executive Council, Department of Education, Eastern Cape Province and Others (663/09) [2010] ZAECBHC 17 (2 November 2010)
The court found that the Head of Department breached the Schools Act by failing to respond timeously to the recommendation for expulsion, failing to consult effectively with the School Governing Body, and failing to impose a suitable sanction or remit the matter for an alternative sanction. The reasons provided by the HoD did not address the factual basis for the recommendation, and his approach demonstrated indifference to statutory obligations. While the constitutional rights of the child are important, they do not justify procedural and substantive breaches by the public administrator. The…
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