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Cited for the principle that determination of novel legal duties requires consideration of all the circumstances and every relevant factor.
Cited for the principle that this Court will not readily depart from its previous decisions, including Maize Board on non-appealability of dismissed exceptions.
Cited for the proposition that an excipient is obliged to confine his complaint to the stated grounds of his exception.
Cited in support of the test for causation in delict.
Authority for the principle that necessary implication can confer statutory powers.
Cited for consideration of section 126 of the interim Constitution dealing with concurrent competence of provincial and national legislatures, now governed by…
Cited for the principle that courts should be loath to fulfil an advisory role.
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 to note that in English law the phrase 'duty of care' straddles both wrongfulness and negligence, and is misleading in the South African legal setting.
Cited in support of the background relating to Zimbabwe's obligations under the SADC Treaty and earlier Tribunal decisions.
Applied extensively for the approach that exception proceedings may be inappropriate where the factual situation is complex and legal position uncertain, and…
This is the High Court decision from which the Law Society matter was referred to the Constitutional Court under s 172(2)(a) for confirmation of the…
Cited for the principle that condonation cannot be granted if the debt has already been extinguished by prescription.
Followed for the binding principle that a dismissal of an exception does not finally dispose of the issue and is not appealable, save an exception to the…
Cited for the principle that where factual situation is complex and legal position uncertain, it is better to refuse absolution and decide after hearing all…
Applied for the test that the excipient must establish that on every interpretation the pleading is excipiable.
Applied for the principle that exceptions should be used sensibly to weed out cases without legal merit.
Applied for the test that the plaintiff must show that on all possible readings of the facts no cause of action can be made out and that exceptions to novel…
Cited for the principle that the power to dismiss is an essential corollary of the power to appoint, and thus the power to dismiss may be implied from the…
The President applied to review and set aside findings and remedial actions in the Public Protector's report. AmaBhungane intervened with a conditional…
Cited for the principle that condonation is an indulgence not lightly granted.
Cited as emphasizing the importance of the right to equality.
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 for the interests of justice standard applicable to deciding whether to hear a moot matter.
Applied to distinguish executive action from administrative action and to explain that executive action may be reviewed on narrow grounds within the principle…
Applied on the audi alteram partem principle and the requirement that decision-makers act fairly.
This court held that the National Prosecuting Authority must be independent and serve the people without fear, favour or prejudice, acting as bulwarks against…
Cited at paragraph 81 for the principle that administrative action that fails the rationality threshold is inconsistent with the Constitution and is unlawful.
Cited for the principle that public interest in the determination of the issue is a relevant factor in the interests of justice enquiry.
Test for condonation applied to determine whether to grant condonation for late filing.
The court follows the principle that a party relying on the refusal provisions in PAIA must provide a basis to substantiate its reliance and that the burden of…
Cited for the principle that the exercise of all public power is subject to the provisions of the Constitution.
Cited for the general rule of international law that the laws of a State ordinarily apply only within its own territory.
Applied to support the conclusion that magistrates remain employees of the State and act as officers in the service of the State when performing functions as…
Cited for the requirement that any right in the Bill of Rights may be limited and for the obligation to have regard to international law when interpreting the…
Cited for the principle that dignity is a core value of the Constitution.
Cited for the principle that courts must exercise restraint in appropriate circumstances and that the extent of restraint from interfering in the legislative…
Cited for the principle that the court must try to sever the good from the bad in subordinate legislation when the bad is self-contained and can be cut out.
Cited for the principle that the Court must try where it can to sever the good from the bad when a portion of subordinate legislation is void for uncertainty;…
Cited for the principle that unfair discrimination must be assessed by focusing on the experience of the victim and that a classification unfair in one context…
Cited for the principle that legality and rationality thresholds are not lowered because decisions were made in Parliament.
Cited on the interpretation and application of equality provisions in the Bill of Rights.
Referenced for the interplay between review under PAJA and legality review.
Court applies the Constitutional Court's rationality test that the decision must be rationally related to the purpose for which power was conferred, otherwise…
Applied for the principle that the provision of diplomatic protection is part of the executive function of government, and courts may require government to…
Applied to establish the test for exceptions that the onus is on the excipient to show that pleadings are excipiable on every interpretation that can be put…
Cited for the importance of looking at patterns of systematic disadvantage when considering equality claims.
The court cites this case for the central significance of dignity in the constitutional scheme and in the equality analysis.
Cited for the principle that the supremacy of the Constitution and the rule of law are foundational values that should inform public policy.
Distinguished on the basis that it dealt with extradition under the Extradition Act which lays down no criteria for the President's consent, unlike the…
Cited in support of the proposition that political parties have standing to promote and foster the rule of law.
Cited for the principle that courts should not decide abstract or academic issues that have no practical effect.
Court applied Kruger's principle that section 38 of the Constitution introduces a radical departure from common law concerning locus standi by expanding…
Distinguished on the basis that Mohamed concerned whether the South African state had acted inconsistently with the Constitution by facilitating removal of a…
Applied to determine the two jurisdictional facts required before a Magistrate must commit a sought person to prison; confirmed that evidence adduced at an…
Court applies the principle that the explanation of delay must be full and frank and must demonstrate that the case bears some prospects of success.
Cited for the interpretation of 'spouse' and 'marriage' and as an example of reading in as an appropriate form of relief.
Cited for the principle that it would not be appropriate to constrain executive power to requirements of procedural fairness.
Cited as part of this Court's recent judgments on equality jurisprudence relevant to determining the correctness of Thirion J's order.
Cited for the nature and purpose of interim interdicts to provide adequate and effective temporary relief.
The Court cites Masetlha as an example where words were read into a statute in an interpretation exercise.
This is the High Court order appealed from; the appeal was dismissed and the order of constitutional invalidity confirmed.
Applied for the principle that both the process by which a decision is made and the decision itself must be rational.
Cited for the principle that an invalid administrative action is void from inception and never had legal force or effect.
Followed for the principle that a person facing extradition is not an accused person for purposes of section 35(3) protections.
Cited for the principle that under our constitutional system provinces can legislate separately and differently on matters of concurrent legislative…
Cited for the proposition that historically mothers have been the primary care-givers of children in South Africa.
Court applies this case to hold that 'obligation' in section 167(4)(e) means a duty specifically imposed on the President to perform specified conduct, and…
This is the judgment of the court a quo from which the current appeal is brought; the appeal was upheld and the order of the court a quo was set aside.
The court follows this case's generous approach to standing and the principle that legal practitioners challenging legislative acts must show that the…
Appeal upheld in part and order of the High Court set aside on certain grounds; High Court dismissed grounds of attack based on constitutional obligations on…
Court applies Hugo's test for unfair discrimination, which focuses on the impact on the complainant and the nature of the power and interests affected.
Cited for describing South Africa's transition to democracy as a 'negotiated revolution'.
Court cites remarks of several Constitutional Court judges recognizing that the division of parenting roles in South Africa remains largely gender-based.