Mwelase and Others v Director- General for the Department of Rural Development and Land Reform and Another [2019] ZACC 30 (20 August 2019)

Reported
Mwelase and Others v Director- General for the Department of Rural Development and Land Reform and Another [2019] ZACC 30 (20 August 2019)

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Cited documents 43

Judgment
37
Reported
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.

Reported
Reported
Reported
Reported
Reported
Reported
Reported
Reported
Act
6
Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration
Agriculture and Land
Agriculture and Land
Agriculture and Land

Documents citing this one 19

Judgment
19
Reported

Practice and procedure – application for leave to appeal – referral
for oral argument in terms of s 17(2)(d) of the Superior Courts Act 10 of 2013
– leave sought against order of the high court directing applicant to provide
security for costs in terms of s 8 of the Close Corporations Act 69 of 1984
demand for security made under Uniform rules 47(1) and 47(3) – high court
exercising narrow discretion in making order – powers of appellate court to
interfere with exercise of such discretion circumscribed – no basis for
interference on appeal established.

Reported
Reported

Criminal Procedure Act — section 154(3) — identity of child victims — ongoing identity protection — competing constitutional rights — equality — best interests of the child — privacy and dignity — restorative justice — stigmatisation and agency —freedom of expression — open justice Order of declaration of invalidity granted and suspended for 24 months — interim reading-in granted

Reported
Reported
Reported

Gentrification - eviction - temporary emergency accommodation - inner city

Spatial apartheid - unconstitutional - progressive realisation - as near as possible

Constitutional validity of s 10 of the Promotion of Equality and Prevention of
Unfair Discrimination Act 4 of 2000 – overbreadth and vagueness – freedom of
expression and regulation of hate speech.