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Cited documents 5
Act
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Dispute Resolution and Mediation
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Peace and Security
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Human Rights
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Peace and Security
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Judgment
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Reported
President lawfully appointed commission; no irrevocable abdication and no pre-appointment hearing required.
Constitutional law — Presidential powers — appointment of commissions under s 84(2)(f) — not administrative action under s 33 but constrained by legality and good faith; Commissions Act — statutory jurisdictional fact that subject matter be a >matter of public concern= — objectively required before vesting coercive powers; Audi alteram partem — no duty to afford pre-appointment hearing absent legitimate expectation or clear necessity; Terms of reference — must be sufficiently certain to define inquiry; Separation of powers — exceptional restraint required before compelling head of state to give oral evidence.
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A respondent's invocation of the right to remain silent does not bar summary judgment absent state compulsion.
Summary judgment – Rule 32 – adequacy of verifying affidavit; personal knowledge of deponent; bare denial not a bona fide defence (Maharaj); Right to silence/self-incrimination – civil proceedings vs state compulsion (Davis; Seapoint; Randell) – no stay absent compulsion; Liquidated claim – misappropriated funds recoverable by summary judgment; Prescription and minor formal defects not fatal.
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