Category: Legality principle

Communications interception thwarted: RICA unconstitutional ?

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Mineral resources regulations: Power to regulate

Minister of Mineral Resources v Stern; Treasure the Karoo Action Group v Department of Mineral Resources Mineral resources regulations set aside in their entirety by the SCA irrespective of whether PAJA or the principle of...

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Reinstatement factors considered: Administrative action

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Legality principle examined: Comparing PAJA reviews

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and dissenting judgment deals in some detail why it cannot agree with everything stated in the majority judgment. “In...

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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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Downgrading exercise approved: Legality principle considered

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Occupation Specific Dispensation: Upgrading and translation

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CEO lawfully transferred: Unrelated to union demands

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Private legal representation: Breach of legality principle

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Irregular tender scrapped: Corruption and fronting

Swifambo Rail Leasing (Pty) Ltd v Prasa   Irregular tender scrapped by high court and that decision was upheld by the SCA in particular because there was clear evidence of fronting to thwart and undermine the objectives  of...

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Extended contract unlawful: Municipal managers

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