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

Click here to read the full judgment on Saflii 1.               We have before us an application for an interim interdict, alternatively a so-called ‘suspension order’, pending the finalisation of an application for declarators that National Assembly Rule 214 and the Schedule thereto (which deal with the procedure which is to be followed by Parliament in the investigation and determination of allegations of misconduct and contempt by members thereof), and certain proceedings in which second to seventh applicants (‘the applic ..read more

Click here to read the full judgment on Saflii [1]        This is an application in which the applicants seek an interim order (rule nisi) calling upon the first respondents to show cause why the first respondent's 'nullification' of the sixth provincial conference of the African National Congress Women's League ("ANCWL") KwaZulu-Natal held in August 2023 should not be set aside. In addition, the applicants seek an order interdicting and restraining the first respondent from prohibiting the applicants in performing their functions and duties as the duly elect ..read more

Click here to read the full judgment on Saflii nterpretation of the order of the Constitutional Court  – assessment of equitable compensation in a ‘special contract’ – test for reviewability of determination of a Chief Executive Officer (CEO) as a deadlock breaker – test as formulated in Bekker v RSA Factors (Bekker test) distinct from the test for reviewability under the Promotion of Administrative Justice Act 3 of 2000 – requirements to satisfy the Bekker test – high court did not apply the second leg of the Bekker test – order of the high court remitting the determination to the CEO wi ..read more