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Cited for the principle that the Constitutional Court is generally reluctant to sit as a court of first and final instance.
Cited for the principle that the President may lawfully withdraw a proclamation once a mistake is realized, in unambiguous terms, and before it comes into…
Cited for the principle that a proclamation may not be ignored until it is set aside (an inevitable consequence of the rule of law) and that judicial review is…
Cited in support of the principle that a proclamation may not be ignored until set aside.
Authority that exercise of all public power must comply with doctrine of legality and rule of law.
Cited for the principle that judicial officers are obliged to disclose only such facts as might reasonably be relevant to a recusal application.
Cited for the principle that administrative action is designed to control the conduct of public administration when it exercises public power, and for…
Cited for the general rule that if a private party is successful in constitutional litigation against the state, the state should pay the private party's costs.
Court applied the rationality test from this case to determine whether the President's decision to issue the Proclamation was rationally related to its…
Cited to establish that direct access is granted only if it is in the interests of justice to do so.
Applied for the principle that the trial court's advantages on demeanour should not be overemphasised, truthfulness requires consideration of probabilities,…
Court applies the rule in Browne v Dunn that cross-examination requires that a witness must be given opportunity to respond to challenges and that the precise…
Cited for the principle that allegations must be put to a party during proceedings, not raised for the first time by the magistrate in judgment without giving…
Cites para 124 which followed Oosthuizen on the treatment of contradictions in evidence.
This judgment deals with the application for confirmation of part of the High Court order and conditional leave to appeal; the High Court set aside the…
Applied for the principle that the test for determining administrative action is not the functionary but the function.
Distinguished on the basis that it involved an Act whose operation depended entirely on subordinate legislation not yet in existence, unlike the present case…
Applied for principles distinguishing subjective manner of witness testimony from objective content, demeanour as a factor not determinative without regard to…
Court applies the principle that in deciding whether an exercise of public power constitutes administrative action the primary focus is on the function rather…
Applied for the principle that a higher threshold must be met before leave to appeal may be granted, requiring more than a mere possibility that another court…
Applied to distinguish between executive and administrative action, and to recognize constraints on the President's powers including legality and rationality.
Applied for the principle that what matters in determining whether conduct is administrative action is not the arm of government to which the functionary…
Cited as authority for the doctrine of legality which requires that power conferred on a functionary to make decisions in the public interest should be…
The court cites this case for the principle that an appeal court should not interfere with credibility findings of the trial court.
Applied for the principle that if a witness is not given the opportunity to respond to an aspect, it would be unfair to reject his evidence on that aspect.
Cited to explain that courts cannot substitute their opinions for those of the decision-maker as long as the decision is rational.
Cited for the principle that common law must evolve within the framework of the Constitution consistently with basic norms of the legal order.
Court applies the rule that a witness's attention must be drawn to imputations that will be made during argument.
Cited for the proposition that evidence presented in chief which is not disputed is taken as accepted.
Applied in relation to the definition and requirements of legitimate expectation, namely that it is an objective question whether such an expectation is…
Applied for the principle that the recusal right is designed to ensure a fair trial, entrenched in the Constitution, and that an impartial judge is a…
Cited for the principle that the principles of common law continue to inform the content of administrative law and other aspects of public law, and will…
Cited for the principle that the judiciary is charged with determining whether other organs of state have complied with the Constitution in exercising their…
Cited at para 30 for the test for bias.
Cited for the principle that judicial independence and impartiality are cornerstones of a fair and just legal system.
The SARFU test for apprehension of judicial bias was applied by the court a quo but later found by the appeal court to be wrongly applied in the context of…
Cited for the principle of legality, same case as the SA report above.
Alternative citation for Pharmaceutical Manufacturers, cited for the principle of legality.
The court applied the objective test for recusal, namely whether a reasonable, objective and informed person would apprehend that the judge has not or will not…
The court cites this case at paragraph 168, footnote 132, where the Constitutional Court confirmed that SA Defence and Aid Fund v Minister of Justice remains…
Cited for inherent constitutional constraints on the exercise of public power and the meaning of administrative action.
Cited for the rule relating to cross-examination that it is not open to a litigant to argue a proposition that was not put to the opposing witnesses.
Relied upon by ICASA to argue that conduct not authorised by law violates the principle of legality and would be liable for review.
Cited for the principle that courts consider a range of factors in determining whether a power or function is executive or administrative, on a case-by-case…
Court applies the test for judicial recusal formulated in the SARFU case, namely whether a reasonable, objective and informed person would reasonably apprehend…
Cited for the principle of review on grounds of legality and rationality.
Cited for the principle that witnesses (including prominent ones) are spared ex post facto imputations of and speculations about motive.
Applied the principle that the focus of the inquiry as to whether conduct is administrative action is not on the arm of government to which the relevant actor…
Cited for the threshold test for bias, namely whether a reasonable, objective and informed person would, on the correct facts, reasonably apprehend that the…
Court applies the principle regarding jurisdictional facts under PAJA and cites this case as confirming that the common law judgment on jurisdictional facts…
Cited for the principle that rationality is a minimum threshold requirement applicable to the exercise of all public power.
Cited for the principle that an impartial judge is a fundamental prerequisite for a fair trial.
Cited as an example of President Mandela giving evidence and submitting to cross-examination even though the decision to require him to do so was unfounded;…
The court cites this case for the principle that demeanour is not an infallible guide to truth and should not be over-emphasised lest the appellant's right of…
Cited for the principle that imputations of dishonesty must be put to witnesses to afford them an opportunity to respond.
Court applies the Constitutional Court's holding that a judge who sits where there is an objective reasonable apprehension of bias acts inconsistently with s…
Cited for the proposition that 'constitutional obligation' in s 167(4)(e) must bear a restricted or narrow meaning to avoid conflict with s 172(2)(a).
Court considers the case which engaged with the basis on which courts may review the exercise of presidential powers and gave historical content to…
Applied for the test on rationality in administrative decisions, that the question whether a decision is rationally related to the purpose for which the power…
Cited to support the principle that credibility findings must be evaluated against wider probabilities and not solely on demeanour.
Court applies the principle that a decision only takes place when translated into an overt act and is final only when publicly notified; prior to that the…
The Court applies this case to establish that judicial review of public power is a constitutional matter and that the common law and the Constitution are…
Cited for Chaskalson P's statement on the shift in the normative basis of administrative law from common law to the Constitution.
The court cites this case for the rule from Browne v Dunn that if a point in dispute is left unchallenged in cross-examination, the unchallenged testimony is…
Cited in support of the doctrine of legality requiring exercise of public power to comply with the Constitution.
Cited for the distinction between implementing legislation and performing executive functions in national legislation