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Applied principle that an appeal should ordinarily be decided on the facts that existed when the original decision was made and not on new circumstances.
Applied principles of separation of powers and the constitutional obligation of courts to provide effective relief for infringements of constitutional rights.
Cited in support of the interpretation that factors under exceptional circumstances enquiry are independent.
Applied for the test that the High Court weighed the options available and exercised its discretion in the true sense, and that an appellate court may not…
Cited for the principle that courts may decide moot appeals under certain circumstances when the interests of justice require it.
The court applies the Trencon principle regarding appellate review of discretion, stating that an appellate court may interfere only if the discretion was not…
Applied the principle of the rule of law that organs of state can only exercise power that has been conferred onto them.
Applied the principle that discretion in the true sense exists in the award of remedies under section 35 of the Restitution of Land Rights Act and the standard…
Cited as accepting and applying the principles on discretion and appellate interference from previous authorities.
Cited as accepting and applying the principles from Knox and Media Workers Association on discretion and appellate interference.
Cited as accepting and applying the principles on discretion and appellate interference from previous authorities.
Followed Bato Star in holding that matters relating to PAJA are constitutional matters.
Applied the principle that matters relating to the interpretation and application of PAJA are constitutional matters and cited for approach to judicial review…
Cited for the proposition that procedural fairness may require affording tenderers an opportunity to make representations on any factor that might lead the…
Applied the standard for appellate court interference with a discretion in the true sense, requiring that the discretion was not exercised judicially or was…
Cited for principles applicable to the introduction of new evidence on appeal.
Cited as example where discretion in the true sense was found in the award of damages.
Applied consideration of whether court is in as good a position as administrator and the broader notion of fairness when deciding exceptional circumstances for…
Cited as example where discretion in the true sense was found in matters of costs.
Considered as authority on the exceptional circumstances test, noting it is unclear whether the considerations are cumulative or discrete.
Cited for the proposition that the discretion under s 172(1)(b) of the Constitution is a discretion in the true sense requiring a value-laden judgment informed…
The court cites Trencon to explain that the discretion under s 172(1)(b) is a true discretion requiring a value-laden judgment informed by all relevant facts…
Court cites Trencon on the exceptional nature of substitution remedies under PAJA and the requirement that a court defer to the administrator in polycentric…
Applied for the standard of appellate interference with a remedial discretion: the court must be satisfied that the discretion was not exercised judicially or…
Cited for the principle that the SCA exercised a narrow discretion in refusing to grant condonation.
The court considers and distinguishes Trencon's statement that regulation 10(4) constrains the discretion to cancel tenders, noting that Trencon was not…
Cited regarding the default position under PAJA that a reviewing court should remit a matter to the decision-maker for reconsideration unless exceptional…
The Court follows and applies the interpretation of section 53(1)(c)(v) of the Competition Act established in this case, holding that the discretion to…
Applied for the principles distinguishing between true and loose discretions, and for the standard of appellate intervention.
Applied for the principle that an appellate court may interfere with a true discretion if the decision was influenced by a misdirection on applicable…
Cited for the principle that a court's discretion must be judicially exercised.
Court applied the principle that where a court a quo's exercise of discretion was influenced by wrong principles, the appeal court is entitled to interfere.
Cited at paragraph 35 for the proposition that exceptional circumstances warranting a substitution order under PAJA s 8(1)(c)(ii)(aa) must be determined in the…
The court applies the principles explained in Trencon regarding the distinction between discretion in the true sense versus loose sense, and the standard of…
Cited for the principle that a tender may only be cancelled if one of the grounds stipulated in regulation 8(4) exists.
The court below considered this case on the principle that in administrative review contexts, remittal rather than substitution is generally the prudent course.
Applied to explain the standard by which an appellate court may interfere with a discretionary order and the distinction between discretion in the true sense…
Applied to establish that substitution of an administrative action is an extraordinary remedy; remittal is almost always prudent and courts ordinarily lack the…
The Court cites Kalagadi Manganese in relation to issues that may arise regarding the requirements for mediation.
Cited for the principle that failure to exercise a discretion judicially is a material misdirection entitling an appellate court to interfere.
Cited as authority for the nature of discretion involving disparate and incommensurable features.
Cited for the principle that this Court has no basis to interfere with a lower court's exercise of discretion unless it was exercised unjudicially or on a…
The court applies the principles regarding appellate interference with a lower court's discretionary decision, requiring that the lower court has not exercised…
Applied for the principles governing appellate interference with a discretion in the true sense.
Applied to explain the distinction between discretion in the 'true' and 'loose' sense and the standard of interference by an appellate court.
Cited for the principles governing appellate interference with discretionary decisions, including that discretion must be exercised judicially.
Cited for the proposition that an appellate court will interfere with the exercise of discretion only if the lower court did not bring an unbiased judgment to…
Court cites Trencon for the principle that a court's discretion ought not to be interfered with lightly on appeal.
The standard for appellate intervention when a high court exercises its discretion to fashion a just and equitable remedy in judicial review proceedings is…
Applied to establish the circumstances in which an appellate court may interfere with a lower court's discretionary decision.
Constitutional Court authority on discretion in the true sense and when appellate court may interfere; cited by Kgoele JA on standard of review of…
Cited for the strict test applicable to appellate interference with exercises of discretion.
Court applies the test set out in this case for when exceptional circumstances permit a court to substitute or vary administrative action under s 8(1)(c)(ii)…
Court applies the principle that a true or strict discretion (such as suspension of invalidity) may not lightly be interfered with on appeal.
Applied for the principle that an appellate court ought to be slow to substitute its own decision on a true discretion, including general damages, unless the…
Applied to determine that the court should only substitute its own discretion for that of the administrator in exceptional circumstances and to set out the…
Applied to state the test for interference with a discretionary decision on appeal, namely that the discretion must have not been exercised judicially or been…
Applied to identify the two key factors to be considered when deciding whether to substitute a decision: whether a court is in as good a position as the…
Cited for the proposition that an appellate court can interfere with a discretionary order of a lower court where the decision was influenced by wrong…
The court cites Trencon for the distinction between a discretion in the true sense and one in the loose sense, and the test for appellate interference.
Court cites Trencon for the principle that in order to determine the standard of interference on appeal, a distinction must be made between discretion in the…
Cited for the distinction between 'true discretion' and discretion in the loose sense, to establish that determination of just and equitable compensation is…
The court applies the Trencon test for when a court may substitute its own decision for that of an administrator in exceptional cases under PAJA s 8(c)(ii)(aa).
Cited for the principle that a court of appeal has limited scope for interfering with the exercise of discretion by a lower court, interference warranted only…
This Court considered and applied the test for exceptional circumstances under which a court may substitute an administrative decision, highlighting factors…
Applied for the test determining when a court may substitute its decision for that of an administrative decision-maker, focusing on whether the decision is a…
The approach to intervention applications endorsed in Community Healthcare, which followed Anglo South Africa Capital, is adopted in this case.
Cited for the principle that discretion is in the true or narrow sense and that another court cannot substitute its decision simply because it disagrees if…
Applied for the definition and nature of a discretion in the true sense where a lower court has a wide range of equally permissible options available.
Applied for the test that a court of appeal is ordinarily not entitled to substitute its discretion for that of a lower court in the absence of misdirection or…
Applied to support the court substituting its own order rather than remitting the matter back to the Appeal Board, in order to avoid delay and unnecessary…
The Constitutional Court's dictum on cancellation of tenders was doubted and distinguished; the court considers whether Trencon binds it but finds it…
Cited for the principle that when the high court misdirects itself in the exercise of discretion, this Court is at large to interfere with the decision.
Applied to explain that the court's interventionist remedial powers under section 8(1)(c) of PAJA are justified where exceptional circumstances exist.
Court cites the case for how a court must evaluate the factors for granting substitutory relief, including whether a court is in as good a position as the…
Applied for the standard of appellate review of a discretion exercised by a lower court, namely that an appellate court may not interfere unless satisfied that…
Cited for the principle that the appellate court's power to interfere with a lower court's true discretion is circumscribed.