Legal Articles and Guides
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."
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 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.
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’.
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 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’.
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.
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.
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.
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.
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).
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.
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’.
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.
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.
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.