Administrative law

Administrative manoeuvre: Who condones irregular expenditures in the public sector?

Central to this article is the concept of ‘relevant authority’ to condone ‘irregular expenditure’ and to determine who that relevant authority is in terms of legislation. In terms of para […]

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Navigating the way to justice – a discussion on truth, justice and reconciliation

The Truth and Reconciliation Commission’s (TRC) Final Report in 2003 referred about 300 cases to the National Prosecuting Authority (NPA) for investigation and prosecution. Nothing much happened until 2007 when […]

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Lifestyle audits: Bringing legal and ethical considerations under scrutiny

The reported request by the Gauteng Provincial Premier, David Makhura, for the State Security Agency (SSA) to conduct lifestyle audits on Members of the Executive Council (MECs) warrants some probing […]

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A court has no power to condone a failure to serve a notice prior to the creditor’s institution of action

Minister of Public Works v Roux Property Fund (Pty) Ltd (SCA) (unreported case no 779/2019, 1-10-2020) (Matojane AJA (Wallis, Mocumie, Molemela and Nicholls JJA)) The Supreme Court of Appeal (SCA) […]

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PPE contracts, ethics, morality and the law

The popular Latin maxim fiat justitia, ruat caelum guides lawyers to an understanding that we should endeavour to see justice being done, even if it means that the heavens must […]

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When should a court award compensation as a remedy for unlawful administrative action?

Section 33(1) of the Bill of Rights guarantees the right to administrative action that is lawful, reasonable and procedurally fair. Pursuant to s 33(3) of the Constitution, the Promotion of […]

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Government contracts: When to rely on estoppel

Section 216(1) of the Constitution provides that national legislation must establish a national treasury and prescribe measures to ensure both transparency and expenditure control in each sphere of government, by […]

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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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