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Discussed in context as having broadened section 12(3) (by accepting expert evidence of psychological condition) but subsequently addressed by statutory…
Cited at para 36 and 37 for considerations of 'good cause' in s 3(4)(b)(ii), including discretion and the importance of prospects of success.
Applied at para 14 and 25 for the wide discretion in 'good cause' and the principle that costs should follow the result in condonation applications under the…
Cited at paras 8–11 and 13 for the principle that wrongfulness is not a relevant consideration when interpreting section 12(3) of the Prescription Act.
Applied for the factors relevant to whether a matter should be heard even though it is moot, including the nature and extent of the practical effect.
Cited in relation to the Constitutional Court's use of the interests of justice test in deciding whether to hear an appeal whose issues have gone dead.
Cited for the principle that in opposed condonation applications, costs should follow the result.
Cited for the principle that a judgment may resolve disputes between different courts and clarify legal issues even when the matter is moot.
Applied at paras 5, 11 and 13 for the principle that condonation may be granted even if notice was given after service of summons provided the debt has not…
Cited at para 37 for the principle that wrongfulness is irrelevant when considering section 12(3) of the Prescription Act.
This Court applies the Khumalo test for assessing undue delay in legality review applications and the duty of state functionaries to uphold the rule of law.
Cited for the proposition that certain changes impact negatively upon the applicant's substantive right to a claim by impairing and limiting its enforcement.
Applied to emphasize the importance of the child's voice being heard in legal matters involving children.
Considered in relation to whether review of an administrator's own decision is sourced in PAJA or the broader principle of legality, and for unreasonable delay…
The court cites Pillay for the proposition that a litigant cannot circumvent legislation enacted to give effect to a constitutional right by relying directly…
Applied to confirm that section 195 of the Constitution founds a duty on state functionaries to investigate and correct unlawfulness.
Cited for a simple description of the res judicata doctrine: a matter already judged cannot be judged again.
Cited to support that justifiability stands to be decided under section 187(2)(a) of the LRA where constitutionality of the policy is not challenged.
Cited for the principle that the interests of justice may require a decision from the court on issues raised even though the matter is moot.
Cited in relation to the statutory provisions expressly enacted by Parliament for the purpose of implementing the rights entrenched in chapter 2 of the…
Cited as an instance where leave to appeal was granted despite the decision not directly translating into individual relief.
Followed for the principle that culture as envisaged in the Constitution is an inherently associative practice, meaning cultural convictions or practices are…
Cited for the legacy of apartheid in the South African education system and the importance of partnership and cooperation in schools.
Cited for the proposition that in a review based on the principle of legality a court should be slow to allow procedural obstacles to prevent it from looking…
Cited for the principle that where legislation has been enacted to give effect to a right, a litigant should rely on that legislation or alternatively…
This Court held that claims brought under the Equality Act must be considered within the four corners of that Act, and that a litigant cannot circumvent…
Cited as example where costs awards were made in matters involving constitutional rights.
Cited for factors relevant to determining whether interests of justice require hearing a moot matter; distinguished on the facts by the majority.
Applied to support the principle that s 12(3) of the Prescription Act seeks to prevent negligent, not innocent, inaction and that courts must consider what is…
Cited as an example of the elastic and liberal approach adopted by this Court to vindicate the right to access courts.
Applied to support the proposition that the Court will decide issues arising from a dispute even when the matter has become moot, if it has practical effect.
Applied to illustrate the constitutional subsidiarity principle in the context of section 9 of the Constitution and the Equality Act.
Applied for the principle that institutions have a duty to reasonably accommodate the practices of individuals unless doing so would impose an undue burden.
Cited for factors relevant to determining whether to hear a moot matter in the interests of justice.
Cited on the theme of the right to choose one's identity in the Constitution.
The Supreme Court of Appeal applied this case's findings on the meaning of culture as an associative practice to interpret section 6(2)(d) of ESTA.
Cited for the principle that parties must stand or fall on their pleaded cause of action and courts may not adjudicate claims not relied on by the applicant.
Cited regarding Constitutional Court's discretion to hear moot matters and the narrow declaratory order granted reducing impact on the school.
Cited for the principle that the Court may hear and determine a moot dispute when it is in the interests of justice to do so.
Cited for principle of constitutional subsidiarity at para 40
Cited for the definition of mootness and the interests of justice exception where an order may have practical effect.
Court applies the principle that courts must be slow to allow procedural obstacles to prevent investigation of the lawfulness of the exercise of public power,…
This is the Labour Appeal Court judgment appealed from; the appeal was upheld and this judgment set aside.
Applied for the two-stage approach in assessing unreasonable delay and for the principle that prejudice may be ameliorated through remedial powers.
Cited for the principle that it is preferable for matters to be resolved amicably by approaching the relevant authority before the issue arises, indicating…
Cited as authority on the principle of constitutional subsidiarity.
The court cites this as an example of the Constitutional Court's discretion to consider and determine matters even if they have become moot.
This Court applied the test for assessing undue delay in bringing a review application, examining whether the delay is unreasonable and whether the court's…
Cited as authority on when courts should decide moot appeals where there is public interest in the question.
Cited to support the principle of constitutional subsidiarity whereby a claimant is not permitted to rely directly on the Constitution where legislation gives…
The Court cites Pillay for the relationship between human dignity and freedom, and the notion that we are not islands unto ourselves, linking this to the…
Cited on the factors relevant to the condonation of delay including the interests of justice and the public interest.
Cited for instances where courts have dealt with the merits of an appeal notwithstanding mootness where legal issues of public importance affecting the future…
Applied for the principle that claims brought under the Equality Act must be decided within its margins absent a direct challenge to the Act.
The factors to be considered when deciding whether to hear a moot matter are applied from this case.
Cited for the factors potentially relevant in the consideration of the exercise of the discretion to hear a matter that no longer presents live controversies.
Cited for the principle that once a system complying with s 217(1) of the Constitution is in place, the validity of procurement must be answered with reference…
The Constitutional Court's approach in Khumalo is applied to the significance of delay in instituting proceedings, stating that courts should be slow to allow…
Cited for the principle of constitutional subsidiarity.