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Cited for the principle that parate execution is acceptable provided the terms are not unconscionable or incompatible with public policy, and also cited…
Cited for the principle that apparently wide discretion must be narrowed in the light of the purpose of the legislation and that courts must have due regard to…
The court cites this case in support of the principle that amendments should generally be allowed unless there is good cause for not allowing an amendment.
Court applies the approach to reviewing the exercise of wide ministerial or administrative discretion.
Court applied the principle that the exercise of public power must comply with the Constitution and the doctrine of legality; acting ultra vires is acting…
Cited in support of the court's power to review ministerial conduct under section 1(c) read with section 172 of the Constitution.
Cited as the case where the Biowatch principle was first established regarding costs in constitutional litigation between the government and private parties.
Cited to support the proposition that the exercise of all public power must comply with the Constitution and the doctrine of legality.
Applied for the principle that an unsuccessful litigant in constitutional proceedings against the State ought not to be ordered to pay costs in order to avoid…
Cited for the principle of legality requiring all exercises of public power to be rational and not arbitrary.
Cited for the principle that in litigation between private parties where constitutional issues are raised, the awarding of costs is a matter within the…
Cited for the rule of law requirement that the law be clear and ascertainable.
Cited at para 32 for the proposition that delegation is a practical necessity in modern government.
Cited for the principle that delegation is often necessary for the performance of administrative functions.
Applied for the doctrine of vagueness, which requires reasonable certainty in laws so that individuals may regulate their conduct, and not perfect lucidity.
The Court cites Affordable Medicines Trust for the proposition that conflicting provisions may infringe the rule of law.
Court cites this judgment for the rule that unsuccessful parties in constitutional matters are not ordinarily ordered to pay costs.
Cited for the principle that testing the exercise of public power against legality and rationality falls within the judiciary's constitutional province.
Cited for the doctrine of vagueness founded on the rule of law, requiring laws to be written with reasonable certainty.
Cited for the proposition that a finding that a minister acted ultra vires is in effect a finding that conduct is inconsistent with the Constitution and…
Court cites the general rule that in constitutional litigation, if government loses it should pay costs, and if government wins, each party should bear its own…
Applied for the general approach to amendments, namely that amendments will always be allowed unless mala fide or unless the amendment will cause an injustice…
Applied in the rationality analysis and for the principle that rationality review respects the separation of powers and requires a rational relationship…
Applied for the principle that the exercise of public power must comply with the Constitution and the doctrine of legality.
Court cites Ngcobo J's explanation that regulation of vocational activity for the protection of the public is expected and welcomed if in the public interest…
Cited in the context of lawfulness depending on the terms of the empowering statute and the exercise of public power being unlawful and invalid if not…
Cited for the principle that the right to practice one's trade, profession and occupation is closely linked to the right to work and to human dignity.
Cited alongside Fedsure for the principle that bodies may not exercise powers not conferred by their enabling legislation.
Cited for the principle that the doctrine of vagueness requires reasonable certainty in laws so that those bound by them can regulate their conduct.
The Court applies the rational basis test involving judicial restraint and respecting the wide latitude of the legislature within the limits of the…
Cited for discussion of ubuntu as a constitutional value.
Cited to support the decision to order each party to pay its own costs in this Court where a constitutional issue of considerable import was raised.
Court applies the governing principles for the granting or refusal of an amendment, namely that amendments will be allowed unless made in bad faith or causing…
Cited for the principle that acting beyond granted powers is invalid.
Cited for the principle that the guarantee of the right to choose a trade, occupation or profession embraces not only the choice of profession but also by…
Cited to support the Biowatch principle and the qualification that frivolous or vexatious litigation may attract a costs order.
Court considers the strong argument that assessment of damages in defamation cases raises constitutional matter, particularly regarding quantum.
Applied for the principles that costs awards are discretionary and must be exercised judicially having regard to all relevant circumstances, and that there may…
The court applies the doctrine of vagueness as expounded by Ngcobo J in this case, which is founded on the rule of law and requires laws to be written in a…
Cited for the principle that the rule of law requires that the law be clear and ascertainable.
Cited for the principle that laws should be written in a clear and accessible manner.
Cited for the principle that the doctrine of legality, which is an incident of the rule of law, is one of the constitutional controls through which the…
Cited for the principle against discouraging the pursuit of constitutional claims.
The court follows the principle that the purpose of limiting the right to dignity by immunity for defamatory statements is to advance democracy through open…
Cited for the principle of review on grounds of legality and rationality.
Affordable Medicines Trust is cited for the basic component of the rule of law and the principle of legality constraining state functionaries.
Cited for this Court's approach to costs in matters between a private litigant and an organ of state.
Cited on the principle that in delegation Parliament has not furnished adequate guidelines for the exercise of discretion.
Cited for the principle that legality and the rule of law are foundational to a just and stable society.
Applied for the principle that there is no inflexible rule against costs orders in constitutional litigation and the ultimate goal is to do that which is just.
Applied for the principle that the principle of legality entails that the legislature and executive may exercise no power beyond that conferred upon them by…
Cited for the general rule that unsuccessful parties in constitutional litigation against the State ought not to be ordered to pay costs.
Cited for the requirement that the legislature may not act capriciously or arbitrarily when making laws.
Applied to establish that the exercise of public power must comply with the Constitution and the doctrine of legality, which entails that the President may…
Cited for the principle that impermissibly vague provisions violate constitutional standards because neither administrator nor applicant can know what…
Court follows the South African Constitutional Court authority on the principle that award of costs in constitutional litigation is discretionary and that…
Cited for the proposition that the doctrine of vagueness, based on the rule of law, requires laws to be written in a clear manner with reasonable certainty but…
Cited to support the principle that private parties are not ordered to pay costs unless they raise frivolous appeals or behave in a manner deserving censure.
The Court applied this case to support its finding that Maccsand should be exempted from costs because it did not raise a frivolous appeal nor behave in a…
Court cites Affordable Medicines Trust for the principle that applications for amendment of pleadings are regulated by a wide and generous discretion which…
Applied for the principles of the supremacy of the Constitution, the rule of law, and the doctrine of legality as constitutional controls on the exercise of…