Nwafor v Minister of Home Affairs and Others (1363/2019) [2021] ZASCA 58 (12 May 2021)

Nwafor v Minister of Home Affairs and Others (1363/2019) [2021] ZASCA 58 (12 May 2021)

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Cited documents 15

Act
9
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
Dispute Resolution and Mediation
Human Rights
Human Rights
Finance and Money · Human Rights
Citizenship and Immigration
Repealed
Repealed
Judgment
5
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
Reported

Documents citing this one 8

Judgment
8

Customary law – whether the Premier contravened section 21(2)(b) of the Traditional Leadership and Governance Framework Act 41 of 2003 when he referred the dispute in respect of the senior traditional leadership to the Commission before the Free State House of Traditional Leaders could deal with the dispute – decision of the Commission on Traditional Leadership Dispute and Claims – whether the Commission had authority to investigate and make recommendations in respect of a dispute which arose after 1 September 1927 in terms of s 25(2)(viii) of the Traditional Leadership and Governance Framework Amendment Act 23 of 2009 (the Amendment Act) – whether the Commission had authority to deal with the dispute which was submitted to it after six months from the date of coming into operation of the Amendment Act – the Commission had no such authority.

Application for leave to appeal against a costs order.