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Cites as example where this Court determined facts on appeal in a constitutional matter.
Applies principles regarding positive constitutional obligations to protect rights and the inappropriateness of determining delictual liability on motion…
Distinguishes Boesak to reject respondents' argument that this Court lacks jurisdiction to determine factual disputes connected to constitutional matters; held…
Applies Ackermann J's observations on the use of scarce resources for punitive constitutional damages.
Authority on accountability as a central value of the Constitution.
Applied for the test for admissibility of new evidence on appeal: it must be so crucial that it would likely change the outcome.
Court cites this judgment for the principle that constitutional issues may arise even where the outcome depends on the determination of factual disputes.
Applied for the principle that late evidence without satisfactory explanation and not material to the decision cannot be admitted.
Applies Grootboom's principle that the standard of reasonableness in positive constitutional obligations must be assessed in light of social, historical,…
Cites as discussing the ambit of positive obligations in socio-economic rights.
Applies Bato Star's test for reasonableness of administrative conduct, including deference to decision-makers with expertise and recognition that courts should…
Applies Treatment Action Campaign on the role of courts being to require the state to meet constitutional obligations and evaluate reasonableness of measures,…
Cites in discussing the development by the SCA of delictual liability principles relating to constitutional obligations.
Cites as example where this Court determined facts on appeal in a constitutional matter.
Cites as part of the series of SCA judgments developing legal principles governing state delictual liability in respect of constitutional obligations.
Applies and endorses Olitzki's holding that accountability may not always give rise to a legal duty and there may be other remedies more suitable than damages.
Cites as authority that the Constitution constructs and restrains the exercise of public power.
Cites as authority that the Constitution constructs and restrains the exercise of public power in a democracy.
Cites for discussion of the differences between common law declaratory relief and section 172 of the Constitution.
Applies holding that rule 19 deals with preparation of appeal record, not introduction of new evidence on appeal, and that rule 34 has no application to…
Cites as authority that courts may make orders putting parties on terms to implement orders.
Cites for discussion of the differences between the High Court's common law jurisdiction to grant declaratory relief and the Court's jurisdiction under section…
Cites in discussing the principle that accountability does not automatically give rise to delictual remedy.
Cites as example where this Court determined facts on appeal in a constitutional matter.
Cites as discussing the ambit of positive obligations in relation to socio-economic rights.
This Court hears an appeal from the judgment of the Cape High Court; appeal upheld in part and order of the High Court not fully reinstated, save for certain…
Cited for the requirements for admission of evidence by amicus curiae.
Cited for the requirement that constitutional values must inform the wrongfulness enquiry and accountability.
Applied for the obligation of Parliament and the executive to fulfil constitutional obligations under section 7(2).
Cited for the principle that socio-economic rights may be negatively protected from improper invasion and the duty to prevent direct infringement by another.
Cited for the Court's strong disapproval of filing new evidence on appeal.
Applied to consider the relationship between violations of constitutional rights in public law and delictual claims in private law.
Cited for the caution that the power to receive further evidence on appeal should be exercised 'sparingly' and only in 'exceptional circumstances'.
Cited for the correct approach to determining whether a legal duty exists in relation to constitutional obligations to protect security of the person,…
Cited to illustrate that leave may very exceptionally be granted for introducing fresh evidence on appeal.
Applied the requirement that new evidence must be weighty and material and a reasonably sufficient explanation must exist as to why such evidence was not…
Cited for the importance of accountability in constitutional democracy.
Cited for the proposition that this Court may in exceptional instances resolve disputes of fact when necessary to determine the legal claim before it.
Discussed and approved the Plascon-Evans rule regarding disputes of fact on motion proceedings.
Cited for principles on when new evidence should be admitted on appeal and the need to exercise such powers sparingly.
Cited for discussion of constitutional control of public power and scope of public duties
Cited at para 52 for the principle that this Court would be slow to interfere with findings of fact by a trial court, though there can be circumstances where a…
Cited for principle that Court will grapple with contested factual issues as long as connected with well-grounded constitutional issue
Cited for the proposition that section 1(d) requires government to be accountable, responsive and open, which obligations require courts to articulate…
Followed to support the proposition that the power to receive further evidence on appeal should be exercised sparingly and only in exceptional circumstances.
Court follows the principle that power to receive further evidence on appeal should be exercised 'sparingly' and only in 'exceptional circumstances'.
Applied in respect of the criteria for admission of further evidence, including that it be weighty, material and to be believed, and that there be a reasonable…
Applied the principle that further evidence on appeal is allowed only in special circumstances because it is in the public interest that there should be…
Cited in support of the full court's decision to admit further evidence presented by the appellant and the State.
Cited for the principle that the power to receive further evidence on appeal should be exercised sparingly.
The Court cites this case for the principle that where the only issue is dissatisfaction with factual findings and no constitutional issue is raised, no…
The Court applies this case regarding the criteria for admission of further evidence under rule 31 and section 22 of the Supreme Court Act, requiring evidence…
Cited for principles relating to transparency and accountability of organs of state in public administration.
Applied for the test and principles governing the admission of further evidence on appeal.
This Court cited Rail Commuters at paras 51-2 as an example where matters of fact are inextricably linked to legislation giving effect to fundamental rights.
Applied for the criteria governing the admission of new evidence on appeal, namely that it is admitted only in exceptional circumstances and the evidence must…
Applied for the principle that the infringement of constitutional rights may often be appropriately vindicated by resort to public law remedies.
Cited for principles applicable to the introduction of new evidence on appeal.