The Supreme Court of Appeal upheld a reactive challenge to the imposition of customs duty which the taxpayer itself initiated, holding that disqualification…
This Court held that there is a clear distinction between constitutional invalidity of administrative action and the just and equitable remedy that may follow…
This Court observed that where an empowering provision requires the mere existence of a recommendation as a pre-condition for a decision, an invalid…
This Court applied the principle that where an empowering provision requires the mere existence of a recommendation as a pre-condition for a decision, an…
This Court explored the Oudekraal paradox and held that the rule of law must never be relinquished, but circumstances of each case must be examined to…
This Court applied the Biowatch principle that a party seeking to enforce an order of an organ of state should not be made to pay costs.
The Supreme Court of Appeal stated it was settled law that the target of compulsion is entitled to await events and resist only when the unlawful condition is…
This Court held that municipalities enjoy exclusive powers in relation to competencies allocated to them by the Constitution and that national and provincial…
The Supreme Court of Appeal cited Cable City for the principle that a collateral challenge is available only to an individual threatened by a public authority…
Mogoeng CJ explained that no decision grounded in the Constitution or law may be disregarded without recourse to a court of law; to do otherwise would amount…
Pharmaceutical Manufacturers was applied to support the duty of state functionaries to seek judicial correction of unlawful decisions.
The Constitutional Court granted leave to appeal and upheld the appeal. The majority judgment held that the Supreme Court of Appeal erred in categorically…
Pharmaceutical Manufacturers was applied to support the duty of state functionaries to seek judicial correction of unlawful decisions.
This Court held that municipalities enjoy exclusive powers in relation to competencies allocated to them by the Constitution and that national and provincial…
The Supreme Court of Appeal declared an extension by a head of department void ab initio, showing that the Court regarded the extension as invalid from…
This Court held that public functionaries are enjoined to uphold and protect the rule of law by seeking the redress of their departments' unlawful decisions,…
The High Court relied on Oudekraal to hold that the Minister's decision, even if impugnable, was binding on Merafong until set aside.
This Court held that superior courts enjoy the power to regulate their processes and may in the interests of justice depart from their own rules.
The Supreme Court of Appeal held that administrative decisions must be treated as valid until set aside, even if actually invalid; the minority judgment…
The Supreme Court of Appeal applied both the narrow ratio and broad principle of Kirland, holding that an official may not reverse a decision already made…
This Court held that municipalities enjoy exclusive powers in relation to competencies allocated to them by the Constitution and that national and provincial…
This Court recognised that an own-interest litigant may be denied standing even though the result could be that an unlawful decision stands.
This Court held that courts have a duty to uphold the Constitution and the law.
Applied to determine whether the GMM's characterisation as a reactive or collateral challenge was justified; Constitutional Court held reactive challenges are…
Cited for the doctrine of legality and reactive challenges, and that substance must triumph over form.
Cited for the principle that the sole power to pronounce an administrative decision defective and invalid lies with the courts and government itself has no…
Applied to establish that a subject at risk of criminal conviction or other coercive action may raise a reactive or defensive challenge to the lawfulness of…
Cited for the duty of state organs to be exemplary in compliance with the law and rule of law, and that they should seek to redress unlawful decisions and not…
Merafong is applied to establish that the rule against delay in instituting review exists to curb prejudice that would ensue if the lawfulness of a decision…