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Cited for the discretion to grant direct access when it is in the interests of justice.
Applied to interpret section 34 and the rule against self-help; right of access to courts is foundational to the stability of an orderly society.
Cited for the undesirability of this Court sitting as court of first and last instance.
Cited for direct access principles and the need for compelling reasons to bypass lower courts with constitutional jurisdiction.
Cited for the proposition that what the opportunity to make representations requires depends on the context.
Applied to emphasise that a constitutional challenge requires a complete factual and legal foundation in the pleadings.
Court applied principle allowing evidence to be placed before it where there are compelling reasons; also applied principle that statutes authorising…
Court applied Zondi in holding that this Court permits evidence to be placed before it where there are compelling reasons to do so, and that PAJA gives effect…
Cited for the principles guiding whether words should be severed from a provision or read into one.
Cited for the principle that courts should be slow to make choices that are primarily for the legislature where curing a defect requires policy decisions.
Cited on the historical context of land dispossession and forced removals; also cited for the principle that purpose and effect of legislation are relevant in…
Cited for the principle that purpose and effect are relevant to determining constitutionality of a statute.
Cited for the principle that the cause of action for judicial review of administrative action arises from PAJA, not common law.
Cited for the principle that legislation must be construed consistently with the Constitution.
Applied to determine whether a particular act constitutes administrative action by focusing on the nature of the power exercised, not the identity of the actor.
Cited on direct access principles and compelling reasons required to sit as court of first and last instance.
Cited for the interpretive principle that legislation must be construed consistently with the Constitution.
Cited for the principle that legislation must be construed consistently with the Constitution.
Cited for the principle that the provision resulting from reading-in or severance should interfere with laws adopted by the legislature as little as possible.
Cited for the principle that this Court may have greater flexibility in allowing additional evidence on appeal in constitutional matters, but power should only…
Cited for the principle that the Constitutional Court should ordinarily not sit as court of first and last instance.
Cited for the principles that whether it is in the interests of justice to grant direct access depends on the facts of each case.
This is the High Court judgment that is now on appeal to the Constitutional Court; appeal partially upheld and partially dismissed.
Cited for the basis of the rule requiring courts to decide cases without reaching constitutional issues where possible, and the exception when an order of a…
Cited for the principle that section 34 is an express constitutional recognition of the importance of the fair resolution of social conflict by impartial and…
Court followed the principle that PAJA governs the exercise of administrative action in general and all decision-makers entrusted with authority to make…
Applied at para 101 for the principle that PAJA governs administrative action and that statutes must be read together with PAJA unless inconsistent.
Applied for the principle that procedural fairness depends on the circumstances of each case and the requirement that persons affected by a decision be…
Applied for the principle that the focus of the enquiry whether conduct constitutes administrative action is not on the functionary but on the nature of the…
Court applies this case for the principle that a court has the power to extend a suspension period before expiry if it is just and equitable, but cannot vary…
Applied in relation to the principle that PAJA governs administrative action and its provisions are to be read together with enabling legislation.
Cited for factors to assess fairness when considering whether to allow new evidence.
Cited in support of principles on standing for persons seeking to vindicate the constitutional right to just administrative action under PAJA.
Applied for the principle that this Court has the power to extend a suspension period under section 172(1)(b) if just and equitable, but only while the…
Applied to determine the factors to consider in determining whether it is in the interests of justice to grant direct access or direct appeal to the…
Cited for the repeated principle that it is undesirable for the Constitutional Court to sit as the court of first and final instance where other courts have…
Court applies the Constitutional Court's reasoning on the considerations that support exceptions to the general rule that orders are final and unalterable,…
Cited for the principle that a party seeking to intervene must have a direct and substantial interest in the subject matter.
Court applies Zondi for the principle that section 34 is constitutional recognition of the importance of fair resolution of social conflict by impartial and…
Cited for the concept of administrative action and its core meaning.
Cited for the principle that procedural fairness is context-dependent and the overriding consideration is what fairness demands in the particular circumstances.
Court cites this case to support the power under section 172(1) to make any order that is just and equitable.
Cited on fairness requirements and the rule of law, and the state's obligation to provide courts and tribunals for dispute resolution.
This Court applied Zondi in determining that the impoundment provisions in the Ordinance similarly allowed sale of animals without judicial supervision in…
Court applies Zondi holding that all administrative decisions made in terms of any statute must be consistent with PAJA and that PAJA provisions will be read…
Cited for the principle that public policy requires finality in litigation and that parties must be assured that court orders are final.
Applied the principle that procedural fairness is contextual and the overriding consideration is what fairness demands in the circumstances of the particular…
Applicants relied on this case on section 34; Court distinguished it on the basis of different social and historical context and different subject matter.
The Court notes that the question whether an ordinance is a 'provincial Act' for purposes of sections 167(5) and 172(2)(a) arose in Zondi but was not decided.
The Court applies the principle from this case that the Court retains power to reconsider and extend a period of suspension of a declaration of invalidity in…
Applied for the principle that the Court retains the power during suspension to extend the period of suspension as part of its power to make a just and…
The Court applies the principle that this Court has the power and obligation under its just and equitable jurisdiction to vary the period of suspension and…
Court applies the authority of Zondi that this Court is at liberty to extend the period of suspension if it has not yet expired.
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 principles of procedural fairness and consideration of what fairness demands
Cited for the principle that extensions must be granted if in the interests of justice and that the power to extend should be exercised sparingly.
Cited alongside Joseph on procedural fairness and its importance to respect for dignity and improving quality of decision-making.
The Court cites this Constitutional Court decision on the interconnectedness between land dispossession and impoundment laws, and the historical deprivation of…
Distinguished on the basis that applicants did not point to any constitutional provision with which the impugned boundary is inconsistent; states the principle…
The court cites Ngcobo J's statement that the access to courts provision is an express constitutional recognition of the importance of fair resolution of…
Cited as authority for relevant considerations in determining direct access applications under section 167(6)(a) of the Constitution.
Cited (in the dissenting judgment) as part of a series of cases standing for the proposition that unlawful administrative action cannot be treated as…
Cited for the requirements for the granting of direct access to the Constitutional Court, emphasising that it must be in the interests of justice.
Cited to establish that direct access is granted only if it is in the interests of justice to do so.
Cited for the principle that new constitutional challenges should not be raised for the first time in the Constitutional Court.
Applied to establish that a court making a 'just and equitable' order has the power to vary that order when changed circumstances render it unjust or…
This Court applied the two-fold rationale underlying the functus officio doctrine, that once a Judge has fully exercised jurisdiction, authority over the…
The Court cites this case for established jurisprudence that constitutional challenges should not be raised for the first time on appeal.
Distinguished the approach to constitutional challenges versus public policy challenges to contractual terms.
Cited for the principle that legislation ought to be construed consistently with the Constitution where possible.
Cited for the principle of equality of arms in footnote 6.
Applied to support the principle that procedural fairness must be determined in light of the specific circumstances of each case.
Applied for the principle that a court that makes a section 172(1)(b) order that is just and equitable can also vary that order when justice and equity require.
Cited for the principle that once a Judge has fully exercised jurisdiction, authority over the subject matter ceases, and that the public interest requires…
The Court cites this case for the principle of functus officio and finality of litigation.
Cited regarding the draconian history of impoundment intimately linked with the history of land dispossession.
Cited to support that what constitutes a fair procedure will depend on the nature of the administrative action and circumstances of the particular case.
This is the original application in which judgment was handed down on 15 October 2004 declaring sections of the Pound Ordinance invalid and suspending the…