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Cited for the principle that every matter before the Constitutional Court must be heard by at least eight judges.
Cited for the principle that the exercise of all public power must comply with the Constitution, supremacy of the Constitution and the doctrine of legality,…
Cited for the principle that judges are presumed impartial.
Applied to explain that determining whether conduct constitutes administrative action must be done on a case-by-case basis focusing on the nature of the power…
Cited in support of the principle that litigants must stand or fall by the case made in founding papers
Applied to discuss the appropriate level of deference to trial court credibility findings and the dangers of relying on demeanour alone.
Court cites this judgment for the principle that the recommendation of the building control officer is a jurisdictional fact.
Applied for the test of what constitutes administrative action: determining whether the task itself is administrative, focusing on the nature and source of the…
Cited for the proposition that the words 'fulfil a constitutional obligation' must be given a narrow meaning to avoid conflict with the power given to lower…
Cited to support the principle that the right to remain silent is a conscious choice.
Applied in determining that the requirement of 'public concern' for commissions is an objective one, analogously used to establish that fitness and propriety…
Cited for the test for bias or appearance of bias in judicial decision-making, namely whether a reasonable, objective and informed person would apprehend that…
Followed for the proposition that the phrase 'constitutional obligation' in section 167(4)(e) should be given a narrow meaning to avoid conflict with section…
Cited for the principle that the exercise of executive authority is a collaborative venture between the President and the Cabinet.
Court applies this case to confirm that a High Court has jurisdiction to pronounce on the President's decision to appoint a Commission of Inquiry and, by…
Cited by Nugent JA for the principle that courts should be reluctant to make findings of dishonesty when such imputations were never put directly to the…
Cited for the principle that the principle of legality is enshrined in our law.
Cited for the principle that the exercise of public power is subject to constitutional control and the rule of law.
Court applies the test for bias: whether a reasonable, objective and informed person would reasonably apprehend that the Judge has not or will not bring an…
Cited to explain that the Bill of Rights applies to the common law.
Cited for the principle that procedural fairness is context-dependent.
Cited at para 150 for the principle that a case must be made out in the notice of motion and founding affidavit, not the replying affidavit.
Applied to establish that the President's exercise of powers must not infringe the Bill of Rights and is constrained by legality, requiring the President to…
Cited for the principle concerning the Court's exclusive jurisdiction and procedures related to such jurisdiction.
Cited for the principle that nothing is more likely to impair confidence in proceedings than actual or apparent bias.
Applied to establish the test for reasonable apprehension of bias, namely whether a reasonable, objective and informed person would apprehend that the judicial…
Cited for the principle that where a dispute of fact is not material to the determination of an issue, it would not be in the interests of justice to remit the…
Cited for the principle that section 172(2) reflects the purpose of preserving separation of powers by requiring this Court's supervisory role over…
Cited for the test of when a legitimate expectation to be heard exists, which is when the duty to act fairly requires a hearing in that case.
The Court applies SARFU's reasoning regarding the purpose of section 172(2) being to preserve comity by ensuring that only the Constitutional Court intrudes…
Applied to explain the principle of legality applicable to executive action and the distinction between administrative and executive action
Cited to illustrate that what constitutes a 'fair' procedure in administrative action will depend on the nature of the administrative action and circumstances…
Cited for test for determining whether conduct constitutes administrative action and for constitutional controls of public administration
The court applies this case to explain the original power of the President (and by analogy the Premier) to appoint commissions of inquiry under section…
Cited for the proposition that there may be circumstances in which the performance of administrative functions by judicial officers infringes the doctrine of…
Cited for the principle relating to jurisdictional facts – that certain conditions must be met before a power may be exercised.
Cited to support the importance of giving a witness an opportunity to rebut a negative inference or imputation explicitly.
The test for bias applied from this case is that a reasonable, objective and informed person would on the correct facts reasonably apprehend that the…
Cited for the proposition that when acting as Head of State, the President may consult with ministers but must take the final decision.
Cited for the principle that an application for recusal raised a constitutional matter and for the test to determine whether a judicial officer should be…
The Court considers the rule from SARFU that if a point in dispute is left unchallenged in cross-examination, the party calling the witness is entitled to…
Cited via Bernert for the reasonable apprehension of bias test.
Cited for the principle that judicial officers may perform administrative tasks but there may be circumstances where this infringes the doctrine of separation…
Applied for the principles on recusal and the reasonable apprehension of bias test, including the presumption of impartiality and the objective standard…
Cited for principles regarding the Constitutional Court's exclusive jurisdiction and the purpose of preserving comity between the judicial and legislative…
Court applied the principle from SARFU that regard must be had to the facts of each case to determine whether administrative action has been taken.
Applied for the principle that fairness must be determined in light of the specific circumstances of each particular case.
Cited for the principle that a scientific or medical publication merely handed up without comment by a witness has no evidential value; it must be properly…
Judgment dismissing the recusal application, with costs reserved for consideration in the main appeal judgment.
Court applies the principle accepted in SARFU that exclusive jurisdiction provisions serve to preserve comity between the judicial branch and the legislative…
Court applies the test that in determining whether an act is administrative the emphasis should be on the function rather than the functionary and the nature…
Applied for the test for reasonable suspicion of bias tested against the perception of a reasonable, objective and informed person.
Cited for the proposition that the President may act upon the advice of Cabinet and advisers when acting as Head of State.
Cited for the principle that whether administrative action has been taken cannot be determined in the abstract but must have regard to the facts of each case.
The Court cited this case for the principle that the phrase 'failed to fulfil a constitutional obligation' in section 167(4)(e) must be given a narrow meaning,…
Cited to support that what constitutes a fair procedure will depend on the nature of the administrative action and circumstances of the particular case.