Click here to read the judgment on Saflii At the core of this appeal is the constitutional validity of s 27 of the Disaster Management Act 57 of 2002 (the DMA). The constitutional challenge occurred in the context of the Coronavirus (Covid-19) outbreak, which was declared as a global pandemic by the World Health Organisation. In one of several judgments in which this Court had occasion to pronounce on the Covid-19 pandemic, it said ..read more

Click here to read the full judgment on Saflii Constitutional Law – s 217 of the Constitution – Preferential Procurement Framework Act 3 of 2000 – procurement of goods and services ─ compliance with mandatory tender conditions ─ organ of state’s discretion to condone non-compliance where the condition is not material ─ whether actual or substantial compliance is applicable – whether splitting of tenders between various bidders lawful ..read more

Click here to read the full judgement on Saflii FLYNOTES: INTELLECTUAL – Trade mark – Political parties – Alleged infringement of name uMkhonto weSizwe and logo – No confusion that will confront voter in voting booth when viewing symbols of ANC and MKP – Not established that marks resemble each other so closely that deception or confusion among voters is likely to arise – Failure of explanation for launching urgent application when election issues involved – ANC previously proceeded in Electoral Court and matter falls within sphere of electoral matters and political rights – ANC chos ..read more

Discipline of educators – Mandatory sanctions – Educators assaulting learners – SACE unlawfully fettered its statutory discretion by applying its mandatory sanctions policy as rigid set of rules that permitted no discretion – Impermissible for SACE to deny children and parents the opportunity to be heard on the question of appropriate sanctions – SACE committed material error of law by not considering rehabilitative and corrective sanctions – Promotion of Administrative Justice Act 3 of 2000 ..read more

Decisions taken to prepare for Bill becoming law – Solidarity contending that decisions constitute implementation and seeking review – Contending that executive does not have this power because the Bill is not law – Department of State may take some actions to prepare for adoption of legislation, especially of the kind that would effect profound changes to health care services – Decisions propose actions that do not, ultimately, constitute the health insurance fund, or commence its operation – Application dismissed – Constitution, s 85 ..read more

DA contending that policy inconsistent with Constitution and leading to state capture – Constitutional challenge should be explicit – Impermissible for litigant to rely on generalised disenchantment and broad sweeping conclusions – Nothing unconstitutional about political party influencing policy direction of government, including appointment of senior personnel to public service, as long as public service protected against being misused for partisan purposes – Application dismissed with costs ..read more

Access to records in terms of the Promotion of Access to Information Act 2 of 2000 – Right to gain access dependent on right which requester wishes to exercise or protect. Such a right not limited to fundamental Constitutional right. Compliance with provisions of PAIA is a necessary precondition to lodge an application to Court ..read more

[1]       This is an appeal against the judgment and order of the Gauteng Division of the High Court, Pretoria (the high court), in which it dismissed the damages claim of Mr Malala Geophrey Ledwaba (the appellant). The appellant’s claim arose from an alleged malicious prosecution by employees of the second respondent, the National Director of Public Prosecutions (the NDPP). In terms of s 179(1) of the Constitution,[1] the NDPP is the head of prosecuting authority in South Africa, under which ..read more

[1]      This is an application for leave to appeal against an order handed down by this Court restraining the Applicants from making any further payments to the Lizelle Sake Trust (the 3rd to 6th Applicants) pending the final adjudication of a review application launched by the Respondent. The said Trust was also ordered to return to the Metsimaholo Local Municipality the full quantum of any funds already received from the Municipality, pending the final outcome of the review proceedings. The ..read more

Click here to read the full judgment on Saflii [1] This is an opposed interlocutory application for access to information in which the applicants sought orders that the respondent (FIC) be directed to provide information which was held by the FIC as set out in terms of section 40(1)(e) and section 41(d) and (e) of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001) (FICA ..read more