Category: PAJA 2000

Municipal manager appointments: Mootness

Notyawa v Makana Municipality   Municipal manager appointments examined and found that leave to appeal had to be refused because in the concurring judgment of Froneman J the issues were already moot and no purpose would be...

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Municipal manager appointments: Leave refused

Notyawa v Makana Municipality   Municipal manager appointments examined and found that leave to appeal had to be refused because there were no prospects of success and the discretion had been properly exercised by the high ...

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Deployment decision reviewed: Collective agreement

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Regulation unlawfully promulgated: Warring with rule of law

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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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Exemption appeal body: Review and setting aside

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Reviewable factual error: Factors to be considered

Polokwane Local Municipality v Granor Passi (Pty) Ltd Material factual error and argument that application fatally defective because of a failure to pursue the review in terms of rule 53 of the Uniform Rules of Court rejected by...

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Discriminatory pay progression: PAJA relied on for relief

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