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Cited for the principle that determining whether conduct is wrongful involves a question of legal policy answered in light of constitutional norms and values.
Cited for factors relevant to whether it is in the interests of justice to grant leave to appeal.
Cited for the principle that courts may grant appropriate relief when constitutional rights are infringed.
Cited on the difficulty of keeping the elements of wrongfulness and negligence distinct in delict.
Cited for principle that each case involves policy considerations when extending the common law.
Court applies principles regarding improper performance of an administrative function and appropriate remedy under the Constitution.
Cited to support the proposition that procurement disputes about interpretation of section 217 of the Constitution raise constitutional matters.
Court applies the principle that in each case of administrative invalidity the remedy must fit the injury, be just and equitable, and effectively vindicate the…
Cited for the proposition that tender awards constitute administrative action.
Cited for factors relevant to whether it is in the interests of justice to grant leave to appeal.
Cited for factors relevant to whether it is in the interests of justice to grant leave to appeal.
Cited for factors relevant to whether it is in the interests of justice to grant leave to appeal.
Cited for factors relevant to whether it is in the interests of justice to grant leave to appeal.
Cited for the two elements of negligence in delict: foreseeability of harm and failure to take reasonable steps to guard against harm.
Court applied the principle that the grundnorm of administrative law is now in the Constitution not the doctrine of ultra vires.
Cited for the proposition that tender awards constitute administrative action.
Cited for the principle that administrative law is now grounded in constitutional principles.
Cited for the principle that the exercise and control of public power is always a constitutional matter.
Cited for the principle that wrongfulness is determined on a conspectus of all facts and considerations.
Court applies principles from Van Duivenboden that wrongfulness depends on whether affording a remedy is congruent with the sense of justice of the community…
Cited for factors relevant to whether it is in the interests of justice to grant leave to appeal.
Cited for the approach to determining wrongfulness involving a broad assessment of whether it is just and reasonable to afford a civil claim.
Considered and distinguished: court found that unsuccessful tenderers cannot claim loss of profits; the instant case concerns a successful tenderer claiming…
Cited for the principle that the exercise and control of public power is always a constitutional matter and that administrative justice is fundamental to…
Cited for principles relating to transparency and accountability of organs of state in public administration.
Cited for the principle that the exercise and control of public power is always a constitutional matter.
Cited for the principle that in relation to claims for pure economic loss the requirement of wrongfulness gains particular importance.
Cited for the principle that courts may grant appropriate relief when constitutional rights are infringed.
Cited for the conservative approach toward extension of delictual liability boundaries and immunity of adjudicators from damages claims in respect of incorrect…
Cited for the proposition that once a tender is awarded the state and tenderer are equal contracting parties.
Cited on the difficulty of keeping the elements of wrongfulness and negligence distinct in delict.
Cited for factors relevant to assessing wrongfulness in delict, including considerations of legal policy in the light of the Constitution.
Cited for the principle that constitutional rights entitle parties to appropriate relief.
Cited for the approach to determining wrongfulness involving considerations of legal policy in the light of the Constitution.
Cited for the proposition that the award of a tender constitutes administrative action.
Cited for factors relevant to whether it is in the interests of justice to grant leave to appeal.
Cited for the proposition that the right to administrative justice is a constitutional imperative.
Cited (by Jafta J) for the description of implied power: that powers may be presumed to have been impliedly conferred because they constitute a logical or…
Cited for principle that fairness in procurement is required to ensure even treatment of tenderers and the best outcome.
Applied to explain that PAJA confers on a court a generous jurisdiction to make orders that are just and equitable in proceedings for judicial review,…
Cited for the principle that courts are seized with a matter when an aggrieved party seeks to appeal against a court's finding on wrongfulness, and for the…
Cited for the principle that negligent causation of pure economic loss is prima facie not wrongful unless policy considerations require compensation.
Cited for the proposition that lawful procurement is a constitutional issue and for the purpose of section 217(1) to eliminate fraud and corruption in public…
Applied for the principle that a remedy must be fair to all those affected by it, and yet effectively vindicate the rights violated.
Constitutional Court confirmation of the SCA decision in Steenkamp NO v Provincial Tender Board, Eastern Cape 2006 (3) SA 151 (SCA).
Cited as approving the decision in Erasmus regarding suspension of performance due to repudiation.
Court applies the principle that the remedy must fit the injury and must be fair to those affected while effectively vindicating the right violated.
Applied for the principle that the purpose of a public remedy is to afford prejudiced party administrative justice, advance efficient and effective public…
The court cited this case when discussing the generous discretion conferred by section 8 of PAJA and that the remedies are intended to be non-exhaustive and…
Cited for the policy consideration that extension of delictual liability may be refused if it imposes an unwarranted additional burden on the defendant.
Cited for difference between wrongfulness and negligence and the public policy nature of the wrongfulness enquiry.
Cited for the principle that the relationship between parties to a tender is governed by contract law after the tender is awarded.
Cited for the principle that every breach of administrative justice would implicate the Constitution and entitle the aggrieved party to appropriate relief, and…
Cited for the principle that a plaintiff claiming pure economic loss must allege wrongfulness and plead facts on which he relies to support the allegation.
Cited to support the proposition that conduct causing pure economic loss is not prima facie wrongful.
Cited for the principle that an entity with no legal personality cannot perform juristic acts such as entering into a contract.
Considered as an example where the Constitutional Court found it inappropriate to make costs awards to avoid chilling effect on constitutional rights.
Cited for the proposition that the award of a contract for services by an organ of state amounts to administrative action.
Cited to support the high court's formulation of its remedial discretion as wide, requiring a remedy that is fair to those affected while vindicating the right…
Applied to confirm that administrative justice is a constitutional imperative and that the remedy must fit the injury, be fair to those affected, vindicate the…
Cited for the proposition regarding wrongfulness in the context of negligent causation of pure economic loss.
Cited in support of the test for granting leave to appeal.
Applied to determine that a close corporation incorporated after the closing date of a tender rendered its bid invalid.
Cited for the principle that breach of a public duty ordinarily attracts a public law remedy rather than the private law remedy of damages.
Cited as one of the cases that clarified that wrongfulness and negligence are distinct elements of delictual liability.
The court considered the Constitutional Court decision in Steenkamp N O on appeal which concluded that nothing in the statutory scheme contemplated that an…
Cited to support the proposition that questions about whether the State acted beyond its powers are constitutional matters.
Cited to confirm that the Constitutional Court endorsed the test for negligence formulated in Kruger v Coetzee.
The court applied the principle that a failure of administrative justice does not automatically equate to wrongfulness in a delictual sense, and considered…
Court applies the authority that evaluation and award of a tender constitutes an administrative action.
Cited (in the dissenting judgment) for the principle that administrative unlawfulness cannot be remediless in a constitutional state.
Cited for the proposition that the classification of acts as judicial or quasi-judicial is a flawed exercise.
Applied for the principle that wrongfulness in pure economic loss depends on considerations of public and legal policy; public law wrongs ordinarily attract…
Court cites Steenkamp for the principle that remedies for breach of administrative justice must be just and equitable, and must fit the injury, noting that…
Cited to support the principle that the public/private divide is often more apparent than real.
Cited for the proposition that a decision by a state entity to award a contract for services constitutes administrative action in terms of s 1 of PAJA.
Cited at paragraphs 20 and 21 for the proposition that fairness, transparency and other requirements permeate the procedure for awarding or refusing tenders.
Cited for the principle that evaluation of state procurement must start with s 217 of the Constitution and for guidance on just and equitable remedies under…
Applied for the principle that the existence of a legal duty to prevent loss requires a value judgment embracing all relevant facts and societal convictions…
The SCA applied Steenkamp to support the proposition that courts have been slow to impose delictual liability on public bodies for negligent but honest…
This Court held that the remedy must fit the injury and be fair, effective, suitable, and just.
Cited for the proposition that a decision to award a tender is an administrative action as defined in PAJA.
Court cites Steenkamp as example of application of the general rule on costs in constitutional litigation.
The court referred to Steenkamp for the question of whether contraventions permit a right of action in the context of interpreting s 218(2).
Applied to support the principle that strict compliance with tender procedures by both bidders and adjudicators is of central importance in public procurement…
Applied for the principle that the remedy must fit the injury and must be just and equitable in the light of the facts, the implicated constitutional…