Premier, Gauteng and Others v Democratic Alliance and Others; All Tshwane Councillors who are Members of the Economic Freedom Fighters and Another v Democratic Alliance and Others; African National Congress v Democratic Alliance and Others

Cited for remarks on accountability of political parties to the electorate and the role of general elections as an extra-parliamentary mechanism for holding…

Cited on rationality as a ground of legality review and the Executive's wide discretion in selecting means to achieve constitutionally permissible objectives.

The principle of legality, namely that public power is only legitimate where lawful, is derived from this case.

The Court applied the Biowatch principle to protect the DA against liability for costs awarded to state parties.

Cited on the distinct, interdependent and interrelated nature of South Africa's three spheres of government and the circumscribed scope for intervention by one…

Cited for the interpretation of the word 'including' as indicating an addition or enlargement.

Cited in relation to rationality as a ground of legality review.

Cited with regard to fashioning an appropriate remedy for the enforcement of rights.

Cited for sections 154(1) and 41(1)(h) of the Constitution, which subject the right to intervene to the obligation to cooperate and support municipalities.

Cited for the meaning of 'appropriate' as connoting providing a proper, fitting, suitable and effective remedy.

Cited for the principle that courts must show deference to political choices made by the right political role-players and should not attribute superior wisdom…

Cited as an example of abuse of power and rationality as grounds of legality review.

The Court applied the factors for determining whether to grant leave to appeal directly, as set out in this case.

Cited for the proposition that voters must deal with bad politics, while courts deal with bad law, and that courts should not interfere in the lawful exercise…

Cited to show the Court's approach of remitting matters rather than determining issues not decided by the court below.

Cited on the potential prejudice and urgency being suffered by the people and communities due to disruption of basic essential services.

Cited on the principle of legality and rationality as a ground of review.

Cited to show this Court's approach to remitting matters to the High Court where issues have not been determined below.

Cited as an example of a case on abuse of power.

Cited as an example of a legality challenge based on lack of authority.

This is the judgment under appeal; the appeal was upheld in part and the order set aside and substituted.

Cited to show that the Supreme Court of Appeal has already weighed in on the interpretation and application of section 139.

Cited on the purpose of direct appeal provisions to ensure speedy resolution and reduce costs.

Cited to show the Court's approach to remitting matters where issues have not been determined below.

The Constitutional Court found the dissolution of the council unlawful and issued an order compelling the MEC to invoke his powers in terms of item 14(4) of…

Cited to support that legality review is the default method of judicial control of all public power.