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."
Legal advice given to the City of Cape Town reveals that the development plan for Maiden’s Cove was irregular and the City was advised not to proceed with the development. A Cape Argus report notes legal advisers JJ Gauntlett SC QC and FB Pelser said in papers: ‘We consider that the process followed to date with regards to the Maiden’s Cove development is irregular and will be set aside on review. This despite the delay.’
The access restriction fees in Tshwane were definitely not exorbitant and had been calculated in terms of the municipality’s tariff policy. A Pretoria News report says this is according to the city in its response to the application by Residents Against Crime, which asked the Gauteng High Court (Pretoria) to take the metro to task regarding its ‘unreasonable and exorbitant’ tariffs on access restriction applications (to gated communities).
The governing body of Grey College in Bloemfontein was on the receiving end of a severe hiding in the Free State High Court this week in connection with its attempt to curtail the powers of its principal, notes a Volksblad report. Acting Judge-President Cagney Musi declared the governing body had acted unfairly and unlawfully during a meeting at which it was decided that Deon Scheepers should be relieved of all ‘delegated’ powers and in future focus only on academic matters at the school.
The Durban Anti-Cell Mast Alliance (Dacma) lobby group has launched an application in the KZN High Court (Durban) seeking an urgent review of what it says was a ‘secret deal’ between cellphone company MTN and the eThekwini Municipality which resulted in a proliferation of cell masts across the city.
The Western Cape provincial Standing Committee on Transport and Public Works will tomorrow hold its first public hearings into the National Land Transport Amendment Bill aimed at regulating e-hailing services, which include Uber and Taxify.
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).
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