Constitution 217 Archives

Counterclaiming substantial damages: Lawfulness and fairness

by GilesFiles | Sep 13, 2024 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capability, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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,...

Preferential Procurement Policy: Unlawful appointment of Cubans

by GilesFiles | May 31, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Evidence & onus, Government, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Regulations, Rules Codes & Manual, Sectors, State organs, Statutory, Topics | 0 |

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,...

Invalid procurement regulations: Sec 217 of Constitution

by GilesFiles | Feb 16, 2022 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Central, ConCourt judges, Constitutional Court, Costs, Courts, Disallowed, Government, Judges, Legal Practice, Legislation, M Madlanga, Orders, Parties, Sectors, State organs, Topics | 0 |

Minister of Finance v Afribusiness NPC Invalid procurement regulations considered by constitutional court and the majority judgment points out that the minority judgment failed to address a conundrum of a possible clash between...

Self-review application: PAJA or legality?

by GilesFiles | Jun 18, 2021 | 2020 onwards, Courts, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

ICT-Works (Pty) Ltd v City of Cape Town Self-review application considered by high court and decided inter alia in para [99] that ‘ Justice and equity dictate that the City should not benefit from its unreasonable delay...

Preferential procurement policy: Irrational unlawful invalid

by GilesFiles | Jan 31, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Disallowed, Judges, Lawfulness & fairness, Legal Practice, Logistics, MJD Wallis, Orders, Parties, SCA judges, Sectors, State organs, Statutory, Supreme Court of Appeal, Topics, Transport & communication, VM Ponnan | 0 |

Acsa (Airports Co SA Soc Ltd) v Imperial Group Ltd Preferential procurement policy may only be implemented within a framework prescribed by national legislation because of s 217(3) of the Constitution and the only escape for...

Service level agreement: Legal services reinstated

by GilesFiles | Jun 17, 2019 | 2019, ABB - Fairness principle or concept, Causes and defences, Courts, High Court, High Court judges, Judges, Legal Practice, Legislation, Municipal managers, Parties, Topics, Urgency | 0 |

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,...

Statutory interpretation considered: Procurement contracts

by GilesFiles | Apr 2, 2019 | 2019, 2019, Causes and defences, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legal Practice, Legislation, philosophy / economics, Topics | 0 |

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,...

Contractual interpretation endorsed: Wallis JA in Edumeni

by GilesFiles | Sep 27, 2018 | 2018, Allowed, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, General, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, Orders, Parties, SCA judges, Sectors, Settlement agreements, State Owned Enterprises, Topics | 0 |

Airports Company SA v Big Five Duty Free (Pty) Ltd Contractual and statutory interpretation endorsed by Constitutional Court after various approaches applied in the past and it seems that ‘text and context’ are all...

Competitive tender bids: Fundamental constitutional requirement

by GilesFiles | Apr 11, 2018 | 2018, Bill of Rights, Courts, High Court, Legislation, Municipal, PAJA 2000, philosophy / economics, Public policy, Sectors, Topics | 0 |

Jocastro (Pty) Ltd v Ekurhuleni Metropolitan Municipality Competitive tender bids are essential and “In the present instance, twelve out of fourteen bids were excluded on the basis that they failed to provide information...

Tag: Constitution 217