Ashok Rama Mistry v The Interim National Medical and Dental Council of South Africa and Others

Applied for the principle regarding local government autonomy within its constitutional sphere.

Cited for the principle that unlawful administrative action is conduct inconsistent with the Constitution and is invalid.

Cited for the principle that a municipality's power to impose taxes is an original power stemming from the Constitution.

Cited for the proposition that the President's functions under section 17(2)(f) are judicial and not administrative.

Cited as authority for the doctrine of legality which requires that power conferred on a functionary to make decisions in the public interest should be…

Cited as the foundation for the principle that the exercise of public power must comply with the Constitution and the doctrine of legality.

Cited to explain the three distinct stages of local government transformation contemplated by the Local Government Transition Act.

Constitutional Court confirmed the principle of legality constraining Legislature and Executive.

Cited for the principle that the IRBA may not exercise a power not conferred on it by its founding legislation nor act inconsistently with the Act.

The court applies this precedent's principle of legality that a body exercising a public power must act within the powers lawfully conferred on it.

The Court applied Mistry which refused an order with retrospective effect and granted one prospectively only, finding that any general declaration of…

Cited for the proposition that the principle of legality is an incident of the rule of law, requiring all organs of state to exercise no power beyond that…

Cited for the principle of legality, confirming that an entity exercising public power is confined to exercising only such powers as are lawfully conferred…

Cited for the proposition that the exercise of public power is subject to inherent constitutional constraint for legality.

Cited for the proposition that municipal powers are constitutionally recognised and protected.

Relied upon for principles governing when regulatory inspections constitute searches in terms of the right to privacy and for the proportionality review under…

Cited for the proposition that licensees accept that they will adhere to the same reasonable controls as applicable to their competitors, and for procedural…

Cited as establishing the principle of legality that public bodies must comply with the law.

Cited for the principle that public power is reviewable on grounds of legality and rationality under the Constitution.

Fedsure is applied for the foundational principle that state functionaries are constrained by the principle of legality.

Cited for the continuum of privacy rights.

Cited for the approach to the right to privacy under section 13 of the interim Constitution.

Applied for the principle that the exercise of public power is legitimate only when lawful and bodies must act within powers lawfully conferred.

The court cites this case as having extensively reviewed the significance of the profound changes brought about at local government level by the Local…

Cited for the proposition that the right to privacy protects a sphere of intimacy and autonomy and serves to foster human dignity.

The court applies the ultra vires doctrine from Fedsure to evaluate whether the Commission exercised power beyond that conferred by law, stating that the…

Cited by Froneman J for the legality principle that the state cannot act outside its constitutional or legislative powers.

Cited for the exposition on the doctrine of legality, stating that local government may only act within powers lawfully conferred and that exercise of public…

Cited to demonstrate the change from a hierarchical structure of government to a devolved structure under the post-1994 constitutions.

Court applies the principle at paras 17-18 that the meaning of an Act's provisions must be ascertained having regard to the scheme of the Act as a whole and…

Cited for the principle that the exercise of public power is only legitimate where lawful, as a fundamental principle of the rule of law expressing the…

Applied as decisive authority regarding acts in the local government sphere and the applicability of the principle of legality.

Court applies Fedsure's doctrine of legality principle that Legislature and Executive may exercise no power beyond that conferred by law.

Cited regarding the purpose of the Medicines Act

The case is cited for the principle that public power exercise is only legitimate where lawful and that the legislature and executive may only exercise powers…

Court applied Mistry's principle that safeguards regulating state entry into private domains distinguish a constitutional democracy from a police state and…

Applied for the principle of legality: the legislature and executive in every sphere are constrained by the principle that they may exercise no power and…

Court applies the principle from Fedsure that a local government or organ of state may only act within the powers lawfully conferred upon it, a fundamental…

Cited for the principle that statutes must be interpreted with due regard to their purpose and within context.

Court applies Fedsure's constitutional principle of legality, emphasising that the Legislature and Executive may exercise no power beyond that conferred by law.

Cited for the proposition that municipalities are vested with original constitutional power to levy rates on property.

Cited for discussion of privacy as a constraint on state power in the context of the denial of liberty and dignity in authoritarian societies.

Cited at paragraph 56 to assess whether the Report constitutes an overreach of public power and is therefore unlawful.

Cited for the proposition that the Constitutional Court signalled compelling interests of justice suggest this Court should exercise constitutional…

Cited for the fundamental importance of the principle of legality to the South African legal order.

Applied for the principle of legality and the rule of law, that public power may only be exercised where lawful.

Cited for the principle that the Legislature and Executive are constrained by the principle that they may exercise no power and perform no function beyond that…

Applied for the principle that regulated businesses possess a more attenuated right to privacy, and the proposition that a warrant requirement might be…

Cited for the principle that the decision was not administrative in nature.

Applied to establish that common law principles of ultra vires are underpinned and supplemented by a constitutional principle of legality under the new…

The Constitutional Court held that the doctrine of legality is central to the conception of our constitutional order, and this court relied on it in applying…

Cited at paragraphs 26, 38, and 126 to support that municipalities' powers are constitutionally recognised and protected.

Cited for the principle that implied powers must not be beyond those necessarily conferred in our constitutional order.

Applied for the principle of legality: that public bodies may exercise no power beyond that conferred by law.

Cited for the principle that a statutory body can only operate within the four corners of the Act and exercise only those authorities and powers expressly or…

The principle of legality, namely that public power is only legitimate where lawful, is derived from this case.