Electronic Media Network Ltd and Others v e.tv (Pty) Limited and Others [2017] ZACC 17 (8 June 2017)

Customary law – whether the Premier contravened section 21(2)(b) of the Traditional Leadership and Governance Framework Act 41 of 2003 when he referred the dispute in respect of the senior traditional leadership to the Commission before the Free State House of Traditional Leaders could deal with the dispute – decision of the Commission on Traditional Leadership Dispute and Claims – whether the Commission had authority to investigate and make recommendations in respect of a dispute which arose after 1 September 1927 in terms of s 25(2)(viii) of the Traditional Leadership and Governance Framework Amendment Act 23 of 2009 (the Amendment Act) – whether the Commission had authority to deal with the dispute which was submitted to it after six months from the date of coming into operation of the Amendment Act – the Commission had no such authority.

Customs and Excise Act 91 of 1964 — Value Added tax Act 89 of 1991 — Constitutionality of section 75(15)(a)(i)(bb) of the Customs Act — Constitutionality of section 74(3)(a) of the VAT Act

Sections delegate plenary legislative power to the Minister — Breach of doctrine of separation of powers — Rationality — Section 77 of the Constitution

Agreement for purchase and sale of immovable property –
validity – section 19 of the Local Government: Municipal Finance
Management Act 56 of 2003 – municipality concluding agreement without
compliance with peremptory provisions of s 19 – claim for specific
performance by seller – seller not entitled to order of specific performance –
no court competent to compel a party to commit an illegality