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Court applies the principle that refusal of direct leave to appeal does not preclude a litigant from approaching the Constitutional Court again after the…
Cited for the proposition that interpretation and application of the Employment Equity Act ordinarily raises a constitutional matter.
Cited for the proposition that interpretation and application of the Employment Equity Act ordinarily raises a constitutional matter.
Authority for principle that exercise of public power is subject to constitutional control and rule of law.
Cited for the principle that if legislation is capable of a reasonable interpretation which renders it constitutionally compliant, that construction must be…
Cited for the principle that a cause of action for judicial review arises from PAJA and not section 33 of the Constitution.
Cited in support of the principle that statutes must be interpreted with due regard to their purpose and context.
Cited for the proposition that the review application, though launched under Uniform Rule 53, would fall to be decided under PAJA.
Applied for principles of reasonable decision-making under PAJA where an administrator must balance multiple factors.
Used to establish that interpretation and application of PAJA raises a constitutional issue within the jurisdiction of the Constitutional Court.
This Court follows Bato Star in holding that interpretation and application of PAJA raise a constitutional issue because PAJA gives effect to section 33 of the…
Cited for the principle that interpretation of legislation constitutes a constitutional issue.
Applied for the principle that courts should treat decisions of administrative bodies with appropriate respect and give due weight to findings of fact made by…
Cited for the emerging trend in statutory construction to have regard to context even where words are clear and unambiguous.
Cited for the proposition that equality includes the full and equal enjoyment of all rights and freedoms.
Cited for the principle of textual interpretation in determining whether a regulation imposes a legal duty.
Applied for the principle that the Constitution requires a purposive approach to statutory interpretation, paying attention to context.
Court applies Schultz JA's test for what constitutes adequate reasons for administrative action.
Applied for the principle that courts must determine whether SARS' decision falls within the bounds of reasonableness when reviewing administrative action.
Applied for the principle that courts must respect administrative decisions requiring equilibrium between competing interests and that decision-makers must…
Court cites this judgment for the proposition that interpretation of section 7(1) of the Building Act raises matters of constitutional import.
Cited for the principle that the Constitution is the supreme law and starting point in interpreting legislation, and interpretation must advance values in the…
Court applies this case at para 48 for the standard of reasonableness in determining administrative conduct, specifically the circumstance-based inquiry into…
Applied to hold that the cause of action for an administrative act now arises from PAJA and not from the common law as it would have in the past.
Applied for the principle that the interpretation of legislation must follow a purposive approach and for guidance on section 39(2) of the Constitution.
The court cites Bato Star Fishing for the proposition that the court should take care not to usurp the functions of administrative agencies and that its task…
Applied on statutory interpretation principles, requiring appropriate regard to context even if language is clear.
Cited at para 48 for the proposition that resolving the factual issue would impermissibly usurp the powers and functions of the Commission and Tribunal.
Cited for the principle that the distinction between appeals and reviews continues to be significant and courts must not usurp the functions of administrative…
Constitutional Court decision cited for the contextual approach to be taken in statutory interpretation.
Applied the test for what constitutes 'adequate reasons' as laid down in the Australian case of Ansett Transport Industries, requiring the decision-maker to…
The court applies the principle that words in a statute must be given their ordinary grammatical meaning in context and that language and context must be…
Cited as the case that endorsed the approach to interpretation in Jaga v Dönges.
Applied for the proper constitutional meaning of reasonableness in administrative action in terms of section 6(2)(h) of PAJA.
Court applies the principle that clear and unambiguous statutory words should be read in the light of the subject-matter and context, adopting the emerging…
Cited for the concept of deference in constitutional adjudication, emphasising a judicial willingness to appreciate the expertise of administrative agencies…
Cited for endorsing Schreiner JA's approach to interpretation regarding text, context, and purpose.
Cited for the principle that courts should adopt a generous and purposive approach to interpreting constitutional provisions in order to afford claimants the…
Cited for the principle that the common law informs the provisions of PAJA and the Constitution, and derives its force from the Constitution.
Applied for the principle that judges are not entitled to inject their personal views into judgments and for approving the principles from Phambili Fisheries…
Cited for the principle that s 39(2) of the Constitution enjoins a court to interpret legislation in a manner that promotes the spirit, purport and objects of…
The Court cites the principle that the duty is to test alleged irrationality primarily on the basis of the policy text itself rather than clarificatory…
Cited to confirm that there is a clear distinction between an appeal and a review.
The court cited this case for the principles on standing to vindicate constitutional rights to just administrative action in the context of PAJA.
Cited for the principle that it would not be desirable for an appellate court to be a court of first and last instance on a matter best left to the Department…
Court applied the principle from section 39(2) of the Constitution that courts must promote the spirit, purport and objects of the Bill of Rights when…
Cited at paras 42-50 for principles on judicial review including the requirement of judicial deference when reviewing administrative decisions.
The Court applied the principle from Bato Star that the cause of action for judicial review of administrative action ordinarily arises from PAJA, not from the…
Used to explain the concept of judicial deference or appropriate respect owed to administrative decision-makers with expertise.
Cited for affirming the rule of statutory interpretation regarding consideration of language, context and background.
Court applies the principle that courts should admit the expertise of administrative agencies in policy-laden issues, accord their interpretations due respect,…
Cited in relation to whether section 33 of the Constitution has a residual field of operation outside PAJA.
Applied for the principle that courts must show deference to administrative decisions involving complex policy-laden choices requiring expertise, but may…
Cited for the principle that the Constitution provides the backdrop when seeking to interpret legislation.
The court applies the Bato Star principle that in exercising a discretion the decision-maker must take into account all relevant factors and competing…
Court applies principle requiring constitutional interpretation.
The court applies the principle that statutory provisions must be interpreted through the prism of the Bill of Rights to promote the spirit, purport and…
Cited for the principle that courts must have regard to context even where words are clear and unambiguous.
Cited for the principle that separation of powers and the closely allied question of judicial deference in making orders is a constitutional matter, and for…
Applied for the principle that the PAJA must be interpreted consistently with section 33 of the Constitution and that matters relating to interpretation of…
Cited for the principle that where legislation has been enacted to give effect to a right, a litigant should rely on that legislation or alternatively…
Cited for the proposition that interpretation and application of PAJA necessarily raises a constitutional issue.
Applied for the proposition that words in a statute must be interpreted according to their ordinary meaning in the light of their context, including the…