Administrative law

Does PAJA still form part of the legislative puzzle?

By Bayethe Maswazi Section 33(1) of the Constitution guarantees every citizen the right to a lawful, reasonable and procedurally fair administrative action. Section 33(3) further enjoins the legislature to enact […]

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The meaning of debt for actions against organs of state

By Vhelaphi Peter Muthevhuli In terms of s 1(1) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 (the Act) a ‘debt’ means ‘any […]

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Security clearances before appointing the National Prosecuting Authority

By Brenda Wardle On 5 July 2014 President Jacob Zuma announced that, after careful consideration of all matters, he had decided to institute an inquiry into whether or not the […]

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Appointing a curator ad litem – are we applying the law correctly?

By Maud Letzler and Viviana Vergano The appointment of curators is a daily occurrence in our courts and in particular in the North and South Gauteng High Courts where the […]

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Don’t wait until it is too late

Opposition to Urban Tolling Alliance and Others v The South African National Roads Agency Ltd and Others (SCA) (unreported case no 90/2013, 9-10-2013) (Brand JA) By Michele Gioia In the […]

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Administrative law and intellectual property

By Robyn-Leigh Merry and Muhammed Vally Administrative law is the branch of public law that regulates the activities of bodies that exercise public powers and perform public functions (C Hoexter […]

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State Liability Amendment Act – Process of attachment

By Mabitsela Elijah Ramonyai In terms of s 3 (2) of the State Liability Amendment Act 14 of 2011 (SLAA),  that came into operation on 30 August 2011, the state […]

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Finding common ground between attorneys and state legal advisers

By Justice Finger As many attorneys will know, the institution of legal action against organs of state for recovery of a debt differs from suing any other person, mainly because […]

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Scope of the state attorney’s role when acting in the governmental interest

‘It is in the governmental interest to represent organs of state involved in litigation.’ By Ian Gough In terms of s 3(3) of the State Attorney Act 56 of 1957, […]

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Government’s duty to be a model litigant

By Ian Gough The commencement, defence and conduct of litigation by the government or its departments constitute the exercise of public power (A Dodek ‘Lawyering at the intersection of public […]

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