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Applied for the principle that an arbitration clause embedded in a fraud-tainted agreement cannot survive rescission and enforcing it would offend justice.
Cited for Cameron J's warning that the maxim 'fraud unravels all' is not a flame-thrower but unravels all directly within its compass, only between victim and…
Cited for the principle that fraud unravels everything and all transactions; referenced in relation to locality points in tender processes.
Cited for the principle that an arbitrator may only finally determine his or her own jurisdiction if provided for specifically and in the clearest terms.
Applied for the distinction between direct judicial review and defensive or collateral challenges to the validity of an administrative act, in the context of…
The Court applied this case's principle that setting aside an administrative decision does not automatically affect the legal consequences of acts taken…
Applied for the principle that a court that is asked to set aside an invalid administrative act has a discretion whether to grant or withhold the remedy.
The Supreme Court of Appeal upheld the City's appeal and reversed the High Court decision. The Court held that the majority decision in Helderberg was binding…
Applied for the principle that arbitration clauses do not generally survive fraud allegations and that disputes regarding validity of contracts induced by…
Relied upon to hold that the 180-day period under s 7 of PAJA commences when the applicant becomes aware of the decision and its reasons, not when the…
Considered in the context of the discretionary refusal of relief, specifically addressing the apparent anomaly that an unlawful act can produce legally…
The Supreme Court of Appeal applied this decision in relation to the lawfulness of conditions imposed in terms of section 42 of LUPO and the procedure for…
Cited for the proposition that commercial speech may count for less than other forms of expression and that this valuation is to be taken into account at the…
Cited as the seminal judgment from which the line of cases on adhering to procedural requirements in review stems.
Court applies the principle that administrative decisions are often built on the supposition that previous decisions were validly taken and unless challenged…
Cited to support the criticism of the preferential procurement regulations both in regard to their clarity and content.
Cited for the principle that a decision cannot be ignored until it is set aside by a court.
Cited for the principle that an administrative decision is valid and stands until it is reviewed and set aside.
Court applies the principle that an ultra vires administrative act is effective and binding until and unless set aside, and that the target of unlawful…
This is the decision from the Western Cape Division of the High Court, Cape Town (Mantame J) from which this appeal is brought; appeal partially upheld, with…
Court follows the authority that an invalid administrative decision stands and has effect until it is set aside.
Applied to explain the right to raise a collateral challenge to the validity of administrative action and that a citizen is not required to comply with an…
The Supreme Court of Appeal referred to the concept of 'collateral challenge' as set out in this case at paras 32-6 to support the finding that the respondent…
The court considers the principle from this case that administrative decisions remain valid and effectual until set aside by a competent court, but…
The court distinguishes Oudekraal, holding that its principle concerning the validity of consequent acts does not apply where the first act has been set aside.
Cited by Nugent JA to explain the two ways municipalities are assisted in collecting debts: a charge upon property (s 118(3)) and capacity to block transfer (s…
Cited for the proposition that municipalities are obliged by the Act to adopt, maintain and implement a credit-control and debt-collection policy.
The court applies Nugent JA's analysis of the purpose of s 118(1) and (3) of the Systems Act as assisting municipalities by providing security for debts and…
Court follows precedent on the constitutional functions of municipalities in relation to roads and the role of municipalities in electronic communications…
Applied for the principle that an administrative decision exists in fact and has legal consequences that cannot be overlooked until set aside by a court in…
High Court held that the Oudekraal doctrine did not sustain Mr Dykema's argument that the Tribunal decision should be treated as valid until set aside.
Respondent relied on this case to argue that administrative acts not appealed or reviewed must stand, but the appellant distinguished it on the basis that its…
Cited for the principle that regulations are binding until reviewed and set aside by a competent court.
Cited for the principle that constitutional invalidity does not automatically undo everything that followed; further steps required.
Cited for the principle that the court's discretion under section 8 of PAJA is the indispensable moderating tool for avoiding or minimising injustice when…
Cited to support that an order remains extant until varied, rescinded or set aside, despite abandonment.
Cited for the principle that a collateral challenge arises where a public authority seeks to coerce compliance with an unlawful administrative act.
Cited for the proposition that NEMA is the primary legislative instrument to give effect to s 24 of the Constitution by establishing a framework for…
Cited as endorsing Lord Atkin's observation in Ras Behari Lal that justice is better than finality.
Applied the principles of judicial review and the concept of collateral or defensive challenge to the validity of administrative acts; also applied in holding…
Cited for the proposition that a successful challenge to a public decision can be brought only if the right remedy is sought by the right person in the right…
Cited for the principle that NEMA establishes a framework for environmental decision-making, that s 4 of the MPRDA requires interpretation consistent with s 24…
Cited for the proposition that the court will only invalidate an order if the right remedy is sought by the right person in the right proceedings and…
Cited for the formulation that collateral challenge is available to an individual threatened by a public authority with coercive action.
Applied to support the principle that an administrative decision is valid until set aside, specifically regarding the MEC's decision granting the permit.
The court a quo applied the principle from Oudekraal that even if an approval is invalid, it stands until set aside.
Cited for the principle that a person has the right to raise a collateral challenge to the validity of an administrative act where threatened with coercive…
The SCA relied on this judgment to refuse the applicant a right to attack the grounding order collaterally; this Court considers whether the limits for…
Cited for the principle that courts will not hear appeals where the only consideration is costs in terms of section 16(2)(a) of the Superior Courts Act.
The court considers the earlier high court judgment involving a similar constitutional challenge to the Bylaw, where Bouley's counter-application was dismissed…
Cited for the principle that an administrative act, although invalid, must be treated as valid until set aside, and its factual existence may provide…
Cited for the principle that an order remains effective for its ostensible purpose until properly set aside.
Cited for the principle that an administrative decision exists in fact and is capable of having legally valid consequences until set aside.
Applied for the principle that courts have discretion to set aside invalid administrative acts, providing the moderating tool when legality and certainty…
The Court applied the factors relevant for determining whether condonation should be granted as set out in this SCA case, which was reaffirmed by the…
The court applies the analysis adopted in Oudekraal regarding the validity of acts performed consequent upon an initial invalid act and the indispensable…
Cited as example where costs awards were made in matters involving constitutional rights.
Cited for the principle that the validity of a transfer stands until set aside.
Cited for the interpretation that had it been intended not to limit the period to two years then the words would not have appeared at all in s 118(1).
The court applies the Oudekraal principle that administrative action must be treated as valid until set aside, even if actually invalid, and explains the only…
Cited for the principle that invalid administrative action may not simply be ignored, but remains valid and effectual until set aside on judicial review.
Followed for the principle that administrative decisions are presumed valid and must be accepted as fact unless challenged and set aside by a competent court.
Applied for the principle that the Court should not venture into deciding important legal questions without full legal argument from the litigants.
Cited for the principle that a court will only invalidate an order if the right remedy is sought by the right person in the right proceedings and circumstances.
Applied for the principle that our law has always recognised that even an unlawful administrative act is capable of producing valid consequences for so long as…