Member of the Executive Council for Health, Eastern Cape and Another v Kirland Investments (Pty) Ltd t/a Eye & Lazer Institute

Applied for the principle that administrative decisions remain valid and effectual until set aside by a competent court.

The appellant relied on the majority judgment in Kirland to argue that, in the absence of a counter-application to review and set aside the contract, the court…

Cited for the dictum that there is a higher duty on the state to respect the law, to fulfil procedural requirements and to tread respectfully when dealing with…

Followed by Molemela JA to confirm that a later decision cannot remain valid despite the setting aside of a prior decision on which it was based, rejecting…

Cited as authority for the principle of self-review.

The court applies the Constitutional Court's principle that government cannot simply ignore defective decisions once subjects have relied on them, and must…

Cited for the principle that invalid administrative action remains valid and effectual until set aside on judicial review.

Cited for the principle that administrative decisions remain valid unless set aside, reinforcing the rule that unchallenged resolutions have legal consequences.

Cited in the context of describing the Defence Force as not being an indigent and bewildered litigant adrift in a sea of litigious uncertainty.

Cited for the principle that there is a higher duty on the state to respect the law, fulfil procedural requirements and tread respectfully when dealing with…

Criticized for holding that a counter-application was necessary and that the High Court lacked jurisdiction to set aside the approval; the judgment holds this…

Applied in conjunction with Oudekraal to confirm that administrative decisions exist in fact and have legal consequences until set aside, referencing para 103.

Court follows the principle that government officials, even if their decision is defective or ultra vires, may not simply ignore their decisions; they must…

Cited for the principle that there is a higher duty on the state to respect the law, fulfil procedural requirements, and act properly, and that the state is…

Cited for the principle that an administrative decision stands and binds the decision-maker unless and until it has been set aside by a court.

Cited for the principle that administrative decisions remain valid until set aside by a court.

Cited for the principle that administrative decisions exist in fact and have practical effect until set aside by a court.

Cited for the principle that until an administrative decision is varied on review, it remains as a fact and has legal effect in accordance with its terms.

Cited as authority relevant to the question of whether the relief sought by the plaintiffs is competent in light of the administrative decisions.

Cited alongside Oude Kraal Estates to support the proposition that decisions can be reviewed after being taken.

Cited by analogy for the proposition that the DMR could not disregard or treat the acceptance of the ZIZA application as if it did not exist.

The appellant relied on Kirland, which involved conflicting decisions by functionaries with power to approve or refuse, but the court distinguished this case…

Court applies the principle that a court, as the fount of legality, may disclaim a preceding court order that is a nullity without risking disorder or…

The Court cites Kirland Investments in support of its statement that a registration procured by fraud would not necessarily need to be set aside.

This case is cited as settled authority on review based on the principle of legality.

Cited for the principle that official conduct vulnerable to challenge may have legal consequences and may not be ignored until properly set aside.

Cited for the principle that organs of state have a duty to tread respectfully when dealing with rights, even in their commercial dealings.

Cited for the Constitutional Court's confirmation of the SCA decision on the consequences of invalid administrative acts.

Cited for the principle that government must do right and properly, and is not entitled to use procedural tricks to avoid consequences of delay rules; also…

Followed reasoning that government has higher duty to respect law and that organs of state cannot rely on collateral challenge to avoid procedural…

Cited in support of the principle that both decisions at first instance and on appeal must usually be taken on review when an applicant has suffered an…

Cited for the principle that the appellants are no ordinary litigants and may well have a higher duty to respect the law; they cannot be described as an…

Applied to establish the principle of finality of administrative decisions and that a decision-maker is functus officio in relation to final decisions already…

Cited for the observation that government is not an indigent or bewildered litigant and is expected to present its case properly.

The court applies the Oudekraal principle concerning the validity of administrative action until it is set aside by a court.

Cited for the principle that government is the Constitution's primary agent and must do right properly, as a model litigant.

Court cites this Constitutional Court judgment for the principle that there is a higher duty on the state to respect the law, fulfil procedural requirements…

Cited for affirming the approach that judicial decisions issued without jurisdiction are nullities that a later court may refuse to enforce without need for…

Applied for the principle that administrative decisions remain valid and effectual until set aside by a competent court.

Cited in support of the finding that it was not necessary for the department to have instituted its own separate proceedings to set aside its own…

Applied for the Constitutional Court's confirmation of the Oudekraal principle that invalid administrative action may not simply be ignored and may continue to…