Minister of Health and Professor D McIntyre NO v New Clicks South Africa (Pty) Ltd and Others

Cited for requirement that PAJA must be construed consistently with the Constitution

Cited for the doctrine of vagueness based on the rule of law

Cited for principles of interpretation of 'includes'

Cited for context of uneven development in South Africa

Cited for principle that Parliament can delegate subordinate legislative authority

Cited for propositions regarding administrative action and the making of laws by functionaries

Cited for principles of reasonableness in relation to realisation of socio-economic rights

Cited for discussion of right to require discovery and reliance on section 32 of the Constitution

Cited for the wide import of the word 'any'

Cited for meaning of 'appropriate relief'

Cited for prior occasion where question whether litigant can rely on Constitution without challenging statute was raised

Cited for casting doubt on relying on Constitution where there is statutory provision without challenging constitutionality

Cited to confirm that the SCA is entitled to regulate its own process

Cited for principles concerning review of administrative action under PAJA and the Constitution

Cited for principle that all exercise of public power must be lawful and subject to judicial scrutiny

Cited for principles of reasonableness in relation to measures to realise constitutional rights

Left open whether making of regulations by a Minister constitutes administrative action for purposes of PAJA

Cited for principles of procedural fairness

Cited for prior occasion where question whether litigant can rely on Constitution without challenging statute was raised

Cited for discussion of right to require discovery and reliance on section 32 of the Constitution

Cited for propositions relating to control of public power and administrative law

Cape High Court judgment refusing leave to appeal

Cited for context of uneven development in South Africa

Cited for principle that all exercise of public power must be lawful and subject to judicial scrutiny

Cited for discussion of constitutional control of public power and scope of public duties

Cited for principles concerning the doctrine of vagueness and control of public power

Cited for principle that PAJA must be construed consistently with the Constitution

Cited for requirement that exercise of power must be lawful and properly related to governmental purpose

Cited regarding jurisdiction to grant leave to appeal

Cited for context of uneven development in South Africa

Cited for requirement that PAJA must be construed consistently with the Constitution

Cited for principles of procedural fairness

Cited for test for determining whether conduct constitutes administrative action and for constitutional controls of public administration

Cited for requirement that statutes be construed consistently with the Constitution

Cited for requirement of lawful exercise of power and control of public power

Cited for the principle that the purpose of leave to appeal thresholds is to regulate the appeal process for the court's benefit and that granting leave where…

This Court held that ordinarily the terms 'including' or 'includes' are not terms of exhaustive definition but terms of extension.

Cited for the proposition that the constitutional principle of legality is applicable even when the action in question is an exercise of public power that does…

Applied to interpret the definition of administrative action in PAJA and the deliberate exclusion of section 85(2)(a) of the Constitution

Cited at para 22 for the principle that the Supreme Court of Appeal's jurisdiction to hear appeals from the high court is conditioned by the provisions of the…

Cited for the proposition that judicial delays frustrate litigants and that judges have an ethical duty to give judgments promptly, and parties are entitled to…

Cited for the proposition that where leave to appeal is required, the critical time at which it must exist is when judgment is delivered in the appeal.

Cited for the proposition that regulatory power conferred through enabling legislation is constrained by the need to stay within well established boundaries…

Cited for the proposition that the word 'includes' in a statute ordinarily extends rather than restricts meaning.

Cited for the proposition that parties should rely on provisions of the LRA to vindicate their right to fair labour practices.

Cited for the proposition that the exercise of all public power must comply with the doctrine of legality.

Cited for the principle that procedures chosen to fulfil public participation obligations must be reasonably related to the material to be considered.

Cited for the rule on the use of the word 'including' in a statute, indicating that lists are not exhaustive.

Cited to support the principle that the exercise of all public power is subject to the principle of legality.

Applied to support the proposition that this court's jurisdiction is determined by the Constitution and statute and it cannot assume jurisdiction not conferred…

Cited for the court's ethical and constitutional duty to give judgment or any ruling in a case promptly and without undue delay; also cited for the principle…

Cited for the principle that the exercise and control of public power is always a constitutional matter.

Applied to recognise that the right to have access to health care services enshrined in section 27 of the Constitution embraces the right to access quality and…

This Court approved the rule from Venter v R that a court may depart from clear statutory language where it would lead to glaring absurdity or a result…

Applied for the proposition that one cannot avoid the provisions of PAJA by going behind it and that PAJA was required to cover the field and purports to do so.