Administrative law

Municipal tender processes: Deviations, criminal liability, and the strength of the Municipal Finance Management Act

The frequent deviation from standard tender procurement processes by government departments or entities, is often an early symptom of corruption, malfeasance, or poor planning by procurement function (Allpay Consolidated Investment […]

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Advocating for participatory democracy through protest action in contemporary South Africa

An effective exercise of democracy requires that all individuals participate in and influence decision-making processes, including political processes or matters of governance. Even if individuals choose not to form or […]

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Constitutionally imperative: Ensuring public participation in the law-making process

Linda Nyati submits that the Freedom Charter declared that ‘the people shall govern’ (L Nyati ‘Public participation: What has the Constitutional Court given the public?’ (2008) 12 Law, Democracy & […]

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Invalidating contracts for procurement based on s 217 of the Constitution

Kunene Rampala Inc v North West Province Department of Education and Sport and Development (unreported case no 460/2022, 15-9-2023) (Hughes JA (Mbatha, Mothle and Matojane JJA and Mali AJA)) To […]

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Restorative justice should not be used to influence the sentencing when serious crimes are committed

 Director of Public Prosecutions, North Gauteng v Thabethe 2011 (2) SACR 567 (SCA)  The best interest of the minor child must be considered when dealing with matters concerning the minor […]

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The signal saga: Decoding South Africa’s cellphone towers maze for administrative approval

Cellphone towers evoke a polarising debate, particularly in South Africa (SA), where apprehensions regarding their potential adverse effects on health, property values, and overall quality of life are prevalent. Thus, […]

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Eskom to produce sufficient supply of electricity as ordered by the court

United Democratic Movement and Others v Eskom Holdings SOC Ltd and Others (GP) (unreported case no 005779/2023; 003615/2023; 022464/2023, 1-12-2023) (Davis J) The Gauteng Division of the High Court in […]

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Access to information held by the state

Health Justice Initiative v Minister of Health and Information Officer, National Department of Health (GP) (unreported case no 10009/22, 17-8-2023) (Millar J) By Lesetsa Teffo The Health Justice Initiative (HJI), […]

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The court may grant leave to appeal and deal with a matter even though it is moot

Minister of Tourism and Others v Afriforum NPC and Another (CC) (unreported case no CCT 318/21, 8-2-2023) (Zondo CJ (Maya DCJ, Baqwa AJ, Madlanga J, Majiedt J, Mathopo J, Mbatha […]

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To PAJA or not to PAJA that is the question? Is the avoidance of PAJA justified?

The question whether a particular action qualifies as administrative action is determined by reference to jurisprudence that establishes the meaning of this term in s 33 of the Constitution and […]

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