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Cited for the proposition that prospects of success are not necessarily determinative of the interests of justice in applications for leave to appeal.
Cited to support the principle that the exercise of all public power must comply with the Constitution and the doctrine of legality.
Cited to support the principle applied to costs regarding what is just and equitable.
Cited in support of the proposition that the democracy our Constitution demands is not merely a representative one but is also a participatory democracy.
Cited for the Constitutional Court's statement that sound judicial policy requires courts to decide only that which is demanded by the facts of the case and is…
Cited for the caution that sound judicial policy requires courts to decide only that which is demanded by the facts of the case and necessary for its proper…
Applied to explain the rationality test, procedural fairness as a requirement for rationality, and that both the process and the decision must be rational.
Cited for the proposition that it is axiomatic that the exercise of public power must comply with the doctrine of legality stemming from the rule of law.
Cited for the proposition that it is not conventionally associated with the rule of law not to punish those who have flagrantly violated the law and promoting…
Cited to support the proposition that the Constitution adopts a broad approach to standing.
Cited for the principle that the President derives power from the Constitution, which proclaims its own supremacy and defines the limits of the powers it…
Cited for the proposition that prospects of success are not necessarily determinative of the interests of justice in applications for leave to appeal.
Cited in relation to the test for leave to appeal to the Constitutional Court and the criteria for determining whether an order is appealable (final in effect,…
Cited for the proposition that public interest standing under section 38(d) is much broader than other grounds of standing, and that similar organisations have…
Cited to support the proposition that the common law duty to act fairly may require a hearing, and that the President must always act in accordance with the…
Cited for the principle that what is in the interests of justice must be determined in light of the facts of each case.
Cited for the principle that in determining whether an order is final in effect, what matters is not only the form of the order but also, and predominantly,…
The Constitutional Court granted leave to appeal and upheld the appeal, dismissing the High Court's order. However, the Court found on different grounds that…
Cited to support the proposition that while there is no right to pardon, an applicant seeking pardon has a right to have his application considered and decided…
Cited for the proposition that what is in the interests of justice must be determined in light of the facts of each case, and to discuss relevant…
Cited for the proposition that the exercise of all public power must comply with the Constitution and the doctrine of legality.
Cited to support the proposition that the exercise of all public power must comply with the Constitution and the doctrine of legality.
Cited extensively for the role of the amnesty process in uncovering truth, achieving national unity and reconciliation, and the importance of victim…
Cited as an example of a case where organisations similar to the NGOs have been found to have standing before the Constitutional Court.
Cited for the principle that the exercise of all public power must comply with the Constitution, supremacy of the Constitution and the doctrine of legality,…
This judgment is deciding an appeal against the High Court's order granting an interim interdict; appeal upheld in part, the interim interdict order is set…
Cited for the proposition that what the opportunity to make representations requires depends on the context.
Applied to support the proposition that the exercise of public power is constrained by the principle of legality and that both the process and the decision…
Applied for the principle that sound judicial policy requires courts to decide only that which is demanded by the facts and necessary for proper disposal,…
Cited for the proposition that prospects of success are not determinative but important when considering the interests of justice.
Court applies Albutt to determine whether the court's findings in Part A were interlocutory or final in effect on the dispute.
Cited on the appealability of interlocutory orders and factors to consider in deciding whether it is in the interests of justice to hear such appeals.
Cited for the principle that sound judicial policy requires courts to decide only that which is demanded by the facts and necessary for proper disposal of the…
Court cites for the principle that a decision must be rationally related to its purpose.
Cited for the Constitutional Court's mandate of a generous approach to representative standing.
Applied for the proposition that rationality review applies to both the process and the ultimate decision, and that the means employed must be rationally…
Applied for the broad approach to standing, particularly where NGOs act in the public interest and in the interest of victims.
Cited for articulating the requirement of procedural rationality that the means chosen to take a decision must be rationally related to the objective sought to…
The Court applies the rationality test from Albutt requiring a rational connection between means selected and the objective sought to be achieved, and that…
Cited for caution against making definitive holdings on complex legal questions at interim stage.
Applied for the principle that both the process by which a decision is made and the decision itself must be rational and rationally related to achieving the…
Cited for the factors considered in determining whether it is in the interests of justice for this Court to grant leave to appeal.
Cited for the test concerning when the interests of justice warrant granting leave to appeal, including consideration of prospects of success which is not…
Cited for the state's obligations in relation to political decision-making under section 7(2).
Cited for the principle that what is in the interests of justice will depend on a careful evaluation of all the relevant considerations in a particular case.
Cited for the principle of review on grounds of legality and rationality.
Applied for the principle that the doctrine of legality is an aspect of the rule of law requiring lawful exercise of public power.
Cited for the principle that when testing rationality courts must examine whether the means chosen are rationally related to the public good sought to be…
Applied to establish the principle that the exercise of presidential power must be rationally related to the purpose sought to be achieved, both in relation to…
Court considers Albutt which determined the scope of the President's power to grant pardons to people convicted of offences committed with a political motive…
Cited for the principle of rationality review: that the executive has a wide discretion in selecting means to achieve objectives and courts may not interfere…
Cited for the principle that the exercise of public power must derive from the law.
Applied at para 108 for the concept of procedural irrationality, which involves determining whether the steps in the administrative process are rationally…
Applied to show that procedural fairness obligations may attach independently of statutory obligation in virtue of the principle of legality
Cited for the principle of judicial economy that the Court should do no more than necessary to decide the question before it.
Cited for the principle of judicial economy, that the Court should do no more than is necessary to decide the sole question before it.
Applied for the principle that the procedure followed in reaching a decision must be rationally connected to the purpose for which the power was exercised.
Court cites this case for the principle that no organ of state or public official may act contrary to or beyond the scope of their powers as laid down in law.
This was an application for leave to appeal against the High Court interdict granted on 29 April 2009. The matter was filed on 2 June 2009 and heard on 10…
The court considers this case as part of the jurisprudence discussing the interplay between review under PAJA and legality review.
The Constitutional Court decision was applied to set out the test for rationality, namely whether the means selected are rationally related to the objective…
Cited for the principle that the exercise of all public power must comply with the Constitution and the doctrine of legality.
Cited on rationality as a ground of legality review and the Executive's wide discretion in selecting means to achieve constitutionally permissible objectives.
Cited for the principles applicable in condonation applications.
Applied for the principle that the fact that an order is temporary does not in itself determine whether the interests of justice require leave to appeal and…
Cited for the rationality test and the courts' obligation to examine whether means selected are rationally related to the objective sought to be achieved.
The court cites this case for the principle that circumstances requiring procedural fairness under the principle of legality differ from those under PAJA.
Cited on the test for granting leave to appeal in the interests of justice.
Court cites Albutt regarding constitutional requirement for substantive involvement and engagement in political decision-making.
The Court cites Albutt for the principle that courts may not interfere with legislative or executive means simply because they do not like them, but must…
Distinguished as not supporting the proposition that subsidiarity may be relaxed; the Court chose to dispose of the matter on legality grounds without deciding…
Cited as one of the cases where this Court has considered the appealability of interim orders.
Cited to reinforce the importance of participation and inclusion in processes necessary to achieve nation-building and national reconciliation.
Cited for the principle that the interim nature of an order is not determinative but whether it is in the interests of justice is the crucial issue in granting…
Applied for the principle that the reconciliation process could not rationally be extended by granting pardons without hearing the victims, emphasising the…
Applied to explain the rationality standard of review: whether the means selected are rationally related to the objective sought to be achieved, rather than…
Court applies the principles from Albutt regarding when rationality requires consultation with interested parties, namely where participation is crucial to…
Applied to confirm that while prospects of success are important in determining whether leave to appeal should be granted, they are not determinative.