Director-General Department of Home Affairs and Another v Mukhamadiva [2013] ZACC 47 (12 December 2013)

Administrative law – non-compliance with s 217 of the Constitution - contracts set aside.

Civil procedure – s 16(2)(a) of Superior Courts Act 10 of 2013 – decision on appeal having no practical effect - no live issue other than costs – no exceptional circumstances justifying a hearing on costs.

Declaratory relief – whether condonation by liquidators of
company of non-compliance with written notice of civil action under s359(2)(a) of the Companies Act 61 of 1973 and prescription properly the
subject of a declaratory order – party not entitled to claim declaration of rights
merely because rights disputed – case not a proper one for the exercise of
discretion to grant declaratory relief – delivery of heads of argument after hearing of appeal – abuse of court process.

Section 14 of the Constitution of the Republic of South Africa - right to privacy - information in public domain - voluntary public disclosure of information - purpose of disclosure - scope of privacy protection for information in public domain - section 16 of the Constitution of the Republic of South Africa - right to freedom of expression in the public interest

Customs and Excise Act 91 of 1964 — tariff determination — section 47(9)(e) — wide appeal — review in terms of Promotion of Administrative Justice Act 3 of 2000, section 33 of the Constitution, or alternatively, the principle of legality — rule 53 record — rule 30A application —— review jurisdiction — whether taxpayer confined to a wide appeal