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Cited documents 25
Judgment
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Reported
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Reported
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Reported
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Reported
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Reported
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Reported
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Reported
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Reported
Doctrine of res judicata — power to relax doctrine in exceptional circumstances — sections 173 and 39(2) of the Constitution — circumstances in which Court will revisit final judgments in criminal cases
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Reported
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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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Human Rights
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Government Notice
1Documents citing this one 5
Judgment
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Application for leave to appeal ─ section 17(2)(d) of the Superior Courts Act 10 of 2013 ─ leave to appeal against a decision of two judges sitting as court of first instance ─ referred for oral argument ─ order refusing leave to appeal by single judge ─ Court invoking inherent powers to consider the application ─ application dismissed with costs. |
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Constitution -- Section 167(4)(e) —Jurisdiction – Matter does not fall within the exclusive jurisdiction of the Constitutional Court – High court has jurisdiction to adjudicate matter. Constitution – Section 79 – Section 84 -- President’s power to assent to and sign the National Health Insurance Bill – Public power – Procedural step in lawmaking process — Not policy laden or political act or engages separation of powers - Reviewable – Rule 53 of the Uniform Rules of Court applicable. Rule 6(5) of the Uniform Rules of Court – Point of law raised -Court has jurisdiction to adjudicate matter – President’s decision is reviewable – President obliged to furnish a record. |
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Municipality not in contempt but held to improve sewage management to meet environmental standards.
Environmental Law – Water pollution and sewage treatment compliance – Requirements for structured interdict and contempt findings against municipalities.
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