Category: L Theron

Personal indemnity exceeded: Bad faith accepted

Public Protector v SA Reserve Bank Personal indemnity exceeded and Constitutional Court confirmed that the Public Protector acted in bad faith and held that in any event, the ambit of the immunity afforded under section 5(3) is...

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Legality principle examined: Self-help and self-review

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and majority overlooked unreasonable delay and declared contract as contrary to public policy. “The fourth principle stems...

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Legitimate expectation test: Derogation in property value

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Precautionary suspension considered: No right to be heard

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Status of directives: Review under PAJA or legality?

Ahmed v Minister of Home Affairs Status of directives considered and to the extent that Immigration Directive 21 of 2015 [3 February 2016]: imposes a blanket ban on asylum seekers from applying for visas without provision for an...

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Unacceptable racist language: ConCourt decides issues

Sibanye Rustenburg Platinum Mines (Pty) Ltd v Saewa obo Bester This judgment of the Constitutional Court concerning unacceptable racist language is significant because it explains what comments are regarded as racist or not and...

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Conciliation proceedings: Evidence, privilege and confidentiality

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