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Administrative Law

South African administrative law is the branch of public law in that country which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present-day South Africa, which regulates "the activities of bodies that exercise public powers or perform public functions, irrespective of whether those bodies are public authorities in a strict sense."

Judge rebukes disgruntled tenderer

By Juta and Company (Pty) Ltd Published on Tuesday, 22 May 2018
Tags: #Administrative Law #Litigation
A disgruntled tenderer, who lost out on a R500m contract for the expansion of Durban's Dube Tradeport, was given a judicial reprimand for making ‘spurious allegations’ against the Dube CEO and the company which was given the contract.

National government takes control of North West

By Juta and Company (Pty) Ltd Published on Monday, 14 May 2018
Tags: #Administrative Law #Constitutional Law
National government has taken control of North West, a move the Sunday Times notes is the first time an entire provincial administration has been taken over. At the same time, two-thirds of the province’s municipalities are being taken over by the Department of Co-operative Governance and Traditional Affairs, says the report.

Prasa ordered to release board meeting recordings

By Juta and Company (Pty) Ltd Published on Monday, 14 May 2018
Tags: #Administrative Law #Litigation
Western Cape High Court Judge Taswell Papier has ordered Prasa to make available audio recordings of a board meeting held on 1 December 2017. A GroundUp report says the case was brought by #UniteBehind, which claimed the recordings ‘will prove whether or not the board took the decision to disband the Legal Panel of Prasa’.

City appeal against 'intrusive' building ruling dismissed

By Juta and Company (Pty) Ltd Published on Wednesday, 07 February 2018
Tags: #Administrative Law #Litigation
The City of Cape Town’s determination to allow four extra ‘intrusive’ floors on a city centre building is proving a costly business. After losing a Western Cape High Court case with costs a year ago, the City Council appealed to a full Bench and last week it lost again – also with costs, says a Times Select report.

DA submits PAIA application for MultiChoice report

By Juta and Company (Pty) Ltd Published on Monday, 05 February 2018
Tags: #Administrative Law
DA MP Phumzile van Damme says her party has ‘submitted an application to MultiChoice in terms of the Promotion of Access to Information Act (PAIA) to request the full report it relied on for terminating its contract with Gupta-owned ANN7’.

Ruling blocks prepaid electricity provider

By Juta and Company (Pty) Ltd Published on Tuesday, 21 November 2017
Tags: #Administrative Law #Litigation
The service provider contracted by the City of Pretoria to sell prepaid electricity has been interdicted from doing so pending an application by two losing bidders for the contract to be set aside. Cigicell and EasyPay initiated proceedings in the Gauteng High Court (Pretoria), saying it had been awarded to an inexperienced company. A Pretoria News report says the case brought by Cigicell to set aside the contract will be heard on 27 November.

Court seals need to disclose party funding

By Juta and Company (Pty) Ltd Published on Thursday, 28 September 2017
Tags: #Administrative Law #Civil Rights #Litigation
The Western Cape High Court has ruled that Parliament must amend the Promotion of Access to Information Act (PAIA) so that political parties will be compelled to disclose the source of their private funding, says a News24 report. Judge Yasmin Meer ruled that Parliament has 18 months to rectify ‘inconsistencies’ in PAIA, following an application from the NGO, My Vote Counts.

Tender bungle costs taxpayers more than R80m

By Juta and Company (Pty) Ltd Published on Thursday, 28 September 2017
Tags: #Administrative Law #Litigation
Eastern Cape taxpayers have to pay more than R80m in damages and interest to an East London firm of architects, and millions more in legal fees, following what a Daily Dispatch report describes as a decade-long court case rife with state blunders. The R42m award – which swells to double when interest is included – is one of the biggest default judgments given against the provincial government.

Corrupt Prasa locomotives deal set aside

Slamming corruption in SA as a cancer ‘eating at the fabric of our society’, Gauteng High Court (Johannesburg) Judge Ellem Jacob Francis yesterday set aside Prasa’s controversial R3.5bn contract with Swifambo Rail Leasing for new locomotives too tall for SA's rail network, notes Legalbrief.

Highway billboard battle in High Court

By Juta and Company (Pty) Ltd Published on Monday, 12 June 2017
Tags: #Administrative Law #Litigation #Media Law
The eThekwini Municipality says a massive billboard overlooking the N2 highway is a road safety hazard and it has taken its fight to the courts to have it torn down, notes a report in The Mercury. ‘The distracting effects of advertising create a hazard,’ the municipality’s chief legal adviser, Clement Xulu, said in papers filed in the KZN High Court (Durban).

Judge slams department for ‘unpardonable’ PAIA delay

By Juta and Company (Pty) Ltd Published on Monday, 22 May 2017
Tags: #Administrative Law #Litigation
The independent investigative journalism unit amaBhungane has won a punitive cost order against the Department of Defence in an access to information battle that has spanned four years. An amaBhungane report says it submitted a Promotion of Access to Information Act request for records of all private landings at the Waterkloof airforce base for the 24 months preceding the April 2013 incident where the Gupta family landed an airliner bearing their wedding guests from India.

State again nailed over irrational use of public power

By Juta and Company (Pty) Ltd Published on Tuesday, 02 May 2017
Tags: #Administrative Law #Environmental Law #Litigation
In declaring the nuclear procurement processes to be unlawful, the Western Cape High Court fired yet another warning to government about the irrational use of public power, notes Legalbrief. What the government argued was a decision based on ‘executive policy’, Judge Lee Bosalek, with Judge Elizabeth Baartman concurring, ruled was in fact ‘irrational and unreasonable’ because it ignored the public interest by skirting the requirement for a ‘rational and fair decision-making process’.

SCA rejects would-be medical student's arguments

By Juta and Company (Pty) Ltd Published on Tuesday, 28 March 2017
Tags: #Administrative Law #Litigation
A student whose application to study at the University of KZN Medical School was rejected by the university has been unable to convince the SCA to overturn the decision. Niekara Harrielall was appealing a ruling by the KZN High Court, notes a News24 report. She wanted the High Court to review and set aside the university's decision because it had failed to properly consider her application.

SCA rules against municipality in R74m tender case

By Juta and Company (Pty) Ltd Published on Monday, 27 March 2017
Tags: #Administrative Law #Litigation
Axed Buffalo City Metro municipal manager Andile Fani has vowed to go after city officials in a bid to clear his name following a scathing ruling by the SCA. A Daily Dispatch report says Fani was suspended and subsequently fired by the metro after it accused him of flouting the Municipal Finance Management Act by appointing Cape Town-based Asla Construction (Pty) Ltd without following proper procurement procedures.

First shots fired in nuke 'state capture' case

The legal challenge mounted by two environmental NGOs to the nuclear deal with Russia – estimated to cost R1trn – which is under way in the Western Cape High Court, has been termed one of the most significant state capture court cases SA has yet seen, according to a Daily Maverick report. The two NGOs, Earthlife Africa and the Southern African Faith Communities’ Environment Institute, are squaring up against Energy Minister Tina Joemat-Pettersson’s pursuit of 9 600 megawatts of nuclear power.

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