Thint (Pty) Ltd v National Director of Public Prosecutions and Others; Zuma and Another v NDPP and Others [2008] ZACC 13 (31 July 2008)

(1) Criminal procedure – setting aside of indictment – s 179 of the Constitution – consultation by National Director of Public Prosecutions when reviewing a prosecutorial decision with accused.

(2) Civil procedure – principles of deciding factual issues in motion proceedings restated.

(3) Judiciary – the limits of judicial decision-making restated

Section 8(1)(c)(ii)(aa) of the Promotion of Administrative Justice Act 3 of 2000 — test for exceptional circumstances.

Court in as good a place as the administrator — decision of the administrator is a foregone conclusion — considerations of fairness weigh in favour of substitution order — exceptional circumstances warrant substitution order.

Standard of appellate court interference — discretion in the true sense.

Administrative action – validity of administrative decision not the subject of counter-application or separate review application – beneficiary of decision prejudiced – proper process must be followed to set the decision aside – validity of decision not before the Court.

Administrative action – status of administrative decision improperly taken – decision remains effectual until properly set aside and cannot be ignored – application of Oudekraal judgment.

Immigration Act 13 of 2002 — unconstitutionality of section
34(1)(b) and (d) — invalid

Ex parte application for “revival” of a lapsed suspension of
invalidity — legally incompetent — Constitutional Court is
empowered to supplement its previous order under
section 172(1)(b) of the Constitution