Corruption Watch NPC and Others v President of Republic of South Africa and Others ; Nxasana v Corruption Watch NPC and Others [2018] ZACC 23 (13 August 2018)
Corruption Watch NPC and Others v President of Republic of South Africa and Others ; Nxasana v Corruption Watch NPC and Others [2018] ZACC 23 (13 August 2018)
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Cited documents 33
Judgment
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Reported
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. |
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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. |
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Act
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Citizenship and Immigration
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Education
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Environment, Climate and Wildlife
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Health and Food Safety
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Human Rights
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International Law
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Labour and Employment
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Public administration
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Dispute Resolution and Mediation
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Documents citing this one 17
Judgment
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Reported
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Urgent application — direct access — postponement of local government election Local Government: Municipal Structures Act 117 of 1998 — section 24 — Local Government: Municipal Electoral Act 27 of 2000 — section 11 — Electoral Commission Act 1 of 1996 — Electoral Act 73 of 1998 — Constitution of the Republic of South Africa — section 159 Free and fair elections — application dismissed |
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National Prosecuting Authority Act 32 of 1998 — sections 12, 13(1) and 14(3) — Appointments in National Prosecuting Authority — Functus officio doctrine.
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Business rescue – s 133 of the Companies Act 71 of 2008 (the Act) – moratorium on legal proceedings against company in business rescue – sale of company’s assets – deposit provisionally paid pending conclusion of sale agreements – sale not concluded – deposit not property belonging to company or lawfully in its possession – recovery of deposit not precluded by s 133. Section 145(1)(a) of the Act – notice of court proceedings to creditors concerning business rescue proceedings – a general notification requirement – duty to notify |