e.tv (Pty) Limited v Minister of Communications and Digital Technologies and Others; Media Monitoring Africa and Another v e.tv (Pty) Limited and Others [2022] ZACC 22 (28 June 2022)

Reported
e.tv (Pty) Limited v Minister of Communications and Digital Technologies and Others; Media Monitoring Africa and Another v e.tv (Pty) Limited and Others [2022] ZACC 22 (28 June 2022)

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Cited documents 28

Judgment
24
Reported
Reported
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

Legality review — unreasonable delay — overlooking delay — section 172 of the Constitution — Gijima

 

Reported
Act
3
Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration
Dispute Resolution and Mediation · Human Rights

Documents citing this one 5

Judgment
4
Reported

Section 12(1) of the Constitution — principle of non-refoulement — section 49(1) and 34 of the Immigration Act 13 of 2002 — illegal foreigner’s intention to apply for asylum — lawfulness of detention.

Constitutional Right to Social Assistance – Access to Social Security– Right to Dignity – Right to Equality - Constitutional Validity of Regulations - Social Relief of Distress (SRD) Grant – Exclusionary Regulations – Definition of Income and Financial Support – Grant Value and Inflation – National Treasury Oversight – Limitation of Rights

Jurisdiction – section 21 of the Superior Courts Act 10 of 2013 – high court has jurisdiction over litigant residing in its jurisdiction.

Review – principle of legality – review launched within reasonable time but not prosecuted to finality expeditiously – abuse of Court process – failure to prosecute application expeditiously for six years without explanation for delay amounts to abuse of Court process.

Review – Principle of legality – decision to institute prosecution only reviewable under principle of legality – separation of powers – section 179(5) of the Constitution of the Republic of South Africa Courts will not easily review decision to prosecute –– section 22 of the National Prosecuting Authority Act 32 of 1998 – National Director of Public Prosecutions – refusal to review decision by Director of Public Prosecutions to institute prosecution – prosecutorial independence – decision rationally connected to information placed before National Director of Public Prosecutions.