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Cited for the principle that a high court does not have power to make an order that a lapsed suspension order remains operative.
Cited for the principle that a matter is moot when the order sought will have no practical effect on the parties because there is no longer an existing or live…
Cited for identifying the class of case where courts may consider the merits despite mootness, where a discrete legal issue of public importance arises…
Cited for the proposition that once a suspension order lapses after it is not renewed, no court has authority to resuscitate the lapsed order.
Applied to establish that a municipality cannot lawfully assume powers it does not have nor can it be compelled to take steps it has no authority to take.
The SCA heard the appeal on 24 August 2020 and delivered judgment on 5 October 2020. The court held that the City's delay in bringing the review was…
Cited for the principle of constitutional interpretation under section 39(2) to promote the spirit, purport and objects of the Bill of Rights.
Cited for the principle that courts would not readily accept an invitation to adjudicate on issues where the decision sought will have no practical effect or…
Cited as an example of a case where issues were wholly academic and of historical interest only.
Cited for principles on mootness of appeals and the limited circumstances in which courts will exercise discretion to hear moot matters.
Cited for the principle that a case is moot and not justiciable if it no longer presents an existing or live controversy.
Cited for the principle that courts should be loath to fulfil an advisory role where no actual purpose would be served by the decision.
Cited for the general principle that a matter is moot when a court's judgment will have no practical effect on the parties and courts should refrain from…
Cited for the principle that courts should refrain from making rulings on moot matters as the decision will merely amount to an advisory opinion.
Cited for the principle that a prerequisite for exercising discretion to hear a moot matter is that the order will have some practical effect either on the…
Applied for the principle that there is no exhaustive list of real servitudes and that types of servitudes in modern South African law have been relaxed to be…
Applied for the principle that a person contracting with an organ of state in good faith is entitled to assume that the organ has complied with its internal…
The court holds that nothing in Nambiti Technologies compels a finding that the RFP is reviewable under legality rather than PAJA, declining to resolve the…
Cited to confirm that s 39(2) requires common law development to promote the spirit, purport and objects of the Bill of Rights.
Vuma AJ's order finding that the Davis order required cessation from dealing with third parties was later rescinded and is mentioned for background.
The High Court (Avvakoumides AJ) dismissed the City's application with costs. The Court found that section 22 of the Electronic Communications Act does not…
This is the high court judgment that declared invalid and set aside the City's 2012 supplementary valuation roll and 2013 general valuation roll.
Cited in support of the principle that common law development must be appropriate within its own paradigm.
Cited for the principle that if the common law is to be developed, it must occur in a way most appropriate for the development of the common law within its own…
Considered by the court a quo regarding tender requirements, but this court found s 172(1) was not relevant to the dispute.
Cited to demonstrate the burgeoning phenomenon of state self-review, where organs of state seek to undo prior procurement decisions after contracts have run…
Court applies the principle from this case that estoppel cannot be relied on in the context of invalid municipal actions.
Applied for the principle that the delay rule flows directly from the rule of law and its requirement for certainty.
Distinguished from the present case on the basis that it involved a discrete legal issue regarding procurement powers, whereas the current appeal does not…
Applied for the principle that cancellation of a tender by an organ of state prior to its adjudication does not constitute administrative action under PAJA…
Merifon argued the second category from RPM Bricks was applicable, but the Court distinguished it, finding the case fell into the first category (act beyond…
Applied for the principle that failure by a statutory body to comply with provisions prescribed for the validity of a transaction cannot be remedied by…
Applied for the principle that estoppel cannot be used to give effect to what is not permitted by law; invalidity follows uniformly and does not depend on…
The Court cites this case for the principle that estoppel is impermissible where it would give indirect validity to ultra vires conduct.
Cited for the principle that estoppel cannot create a situation that is unlawful.
Cited for the long-standing rule that legality reviews must be initiated without undue delay and that courts have discretion to refuse or overlook delay.
Cited in support of the principle that a court should not compel performance of an illegality.
Cited as precedent for sanctioning non-compliance with the rules on preparation of a core bundle by ordering that attorneys would not be permitted to claim…
Applied to distinguish between non-compliance with internal procedures and non-compliance with empowering provisions for purposes of estoppel against an organ…
Court applies the principle that estoppel cannot operate to allow a contravention of a statute.
The court applies the principle from this case that mootness does not preclude an appeal if it raises a discrete issue of public importance that will affect…
Lombardy is applied to distinguish this appeal from SAPOA, accepting a 22-month delay as reasonable due to illegality in the manner the supplementary valuation…
Considered in relation to whether it is permissible to rely on res judicata or issue estoppel to enforce a legally invalid contract.