EFF and Others v Manuel (711/2019) [2020] ZASCA 172 (17 December 2020)

EFF and Others v Manuel (711/2019) [2020] ZASCA 172 (17 December 2020)

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Cited documents 22

Judgment
18
Reported

(1) Criminal procedure – setting aside of indictment – s 179 of the Constitution – consultation by National Director of Public Prosecutions when reviewing a prosecutorial decision with accused.

(2) Civil procedure – principles of deciding factual issues in motion proceedings restated.

(3) Judiciary – the limits of judicial decision-making restated

 

Reported

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.

Reported
Reported
Reported
Reported
Reported
Reported
Reported
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
Finance and Money

Documents citing this one 12

Judgment
12

Interim interdict – appealability – whether there is an absence of
irreparable harm – per majority judgment: interests of justice do not require that
appeal be entertained - per minority judgments: interests of justice do require appeal
to be entertained.

 

Civil Procedure – motion proceedings – application for declaratory
order that published statements defamatory – defence of justification – truth and
public interest – sustainable foundation in papers – declarator sought and interdict
not justified – appeal dismissed

Delict – claim for damages – quantum of unliquidated damages – no oral evidence – stated case – whether properly formulated in terms of Rule 33 – requirements restated.