National Director of Public Prosecutions v Zuma (Mbeki and Another intervening) (573/2008) [2009] ZASCA 1 (12 January 2009)

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.

Defamation – defences – lack of animus iniuriandi – whether
established - reasonable publication in relation to media defendants –
requirements of – whether extending to individuals using social media – whether interdict appropriate – whether order for apology competent –whether damages claimable in proceedings by way of application.

Disaster Management Act 57 of 2002 (DMA) – decisions and regulations
made during state of national disaster under the DMA – policy decisions of the National
Coronavirus Command Council, a cabinet committee comprising of the entire cabinet,
not justiciable because they had no legal effect – regulations made in terms of the
DMA (the level 4 regulations) made in a procedurally fair manner, alternatively in a
rational decision-making process – Minister of Co-operative Governance and
Traditional Affairs applied her mind to representations received from members of the
public – with two exceptions, the level 4 regulations found to be reasonable and
justifiable limitations of fundamental rights – reg 16(2)(f), which permitted only limited
forms of exercise during the level 4 lockdown, and items 1 and 2 of Part E of Table 1,
read with reg 28(3), which prohibited the over-the-counter sale of hot food, declared
to be invalid to the extent of their conflict with the Constitution – challenge to directions
made by the Minister of Trade, Industry and Competition moot.

Advocate – misconduct – application for readmission – nature of
proceedings – onus to be discharged by applicant seeking readmission – standing of General Council of the Bar of South Africa and constituent Bars.

Civil Procedure – Section 17(2)(d) of the Superior Courts Act 10 of 2013 (the Act) – oral hearing – application for leave to appeal against refusal by court a quo to grant leave to appeal – no reasonable prospect of success of the appeal established as required by s 17(1)(a) of the Act – application dismissed with costs.