Administrative law

Review procedure – extent of record on review

Helen Suzman Foundation v Judicial Service Commission 2018 (4) SA 1 (CC) By Sejako J Senatle SC In 2012 the Judicial Service Commission (JSC), established in terms of the Judicial […]

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The effect of non-compliance with federal constitutions

De Lille v Democratic Alliance and Others (WCC) (unreported case no 7882/18, 27-6-2018) (Le Grange J, Mantame J and Sher J) By Staci Jacobs On 27 June, the Western Cape […]

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Organs of state seeking a review of own decision: A question of legality or PAJA?

By Thenjiwe Vilakazi On 14 November 2017, the Constitutional Court (CC) determined for the first time whether the Promotion of Administrative Justice Act 3 of 2000 (PAJA) applies when an […]

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Dispassionate appointment of the NDPP

Corruption Watch (RF) NPC and Another v President of the Republic of South Africa and Others 2018 (1) SACR 317 (GP) By Siyabonga Mathe In terms of s 179(1)(a) of […]

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Report card for immigration law and home affairs

By Chris Watters Whether the issue surrounds Syrian or African refugees ‘pouring’ into the European Union or the United Kingdom (UK). Mexicans supposedly flooding into the United States, or the […]

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Does the electorate have effective remedies under the South African Electoral System?

By Makhosi Poyo The recent service delivery protests, characterised by the destruction of public property, as well as occasional loss of lives by some protestors have left some gasping with […]

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Have we been underemphasising public participation?

By Martin van Staden Public participation in the affairs of government is democracy in action. Government receives a general mandate once every five years, however, public participation serves to legitimise […]

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Beware of a second bite at the cherry

Nexus Forensic Services (Pty) Ltd v Chief Executive Officer of the South African Social Security Agency and Others (GP) (unreported case no 14708/2015, 21-6-2016) (Van Niekerk AJ) By Theo Steyn […]

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PAJA – what jurisdiction does the court have?

By Henri-Willem van Eetveldt Jurisdiction is an essential element of procedural law. The Promotion of Administrative Justice Act 3 of 2000 (PAJA) has important implications for the jurisdiction of courts […]

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The review of municipal awarded tenders: Regulation 50 of the municipal supply chain management regulations and s 7(2) of the Promotion of Administrative Justice Act

DDP Valuers (Pty) Ltd v Madibeng Local Municipality (SCA) (unreported case no 233/2015, 1-10-2015) (Mhlantla JA (Mpati P, Lewis, Bosielo and Swain JJA concurring)) By Yashin Bridgemohan Regulation 50 of […]

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