This document is 431.0 KB. Do you want to load it?
Cited documents 50
Judgment
45
Reported
|
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
|
Affordable Medicines Trust and Others v Minister of Health and Another [2005] ZACC 3 (11 March 2005)
Reported
|
Reported
|
Reported
|
Reported
|
Reported
|
Reported
|
Reported
|
Act
5
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
|
Environment, Climate and Wildlife
·
Infrastructure and Transportation
|
Finance and Money
·
Labour and Employment
|
Documents citing this one 14
Judgment
12
Reported
Customs and Excise Act 91 of 1964 — Value Added tax Act 89 of 1991 — Constitutionality of section 75(15)(a)(i)(bb) of the Customs Act — Constitutionality of section 74(3)(a) of the VAT Act Sections delegate plenary legislative power to the Minister — Breach of doctrine of separation of powers — Rationality — Section 77 of the Constitution |
Posts and Telecommunications-Related Matters Act 44 of 1958 – rules |
Constitutional law – section 27 of the Disaster Management Act 57 of 2002 – constitutional challenge – whether delegation of plenary legislative power impermissible – whether declaration of state of disaster in effect a de facto state of emergency – whether parliamentary oversight of the executive during state of disaster constitutionally compliant
|
Constitutional law – COVID-19 pandemic – regulation made under Disaster Management Act 57 of 2002 (the Act) – prohibiting sale of tobacco and related products – challenged as infringement of fundamental rights – dignity, bodily and psychological integrity, freedom of trade and deprivation of property – limitation under s 36 of Constitution – to reduce strain on health system – not established – interpretation of ss 27(2)(n) and 27(3) of the Act – tobacco ban unnecessary – appeal dismissed. |
Attorneys Act 53 of 1979 – striking from the roll of attorneys, notaries and conveyancers – whether the appellant should have been granted a postponement for the hearing – whether the appellant’s fundamental right to a fair hearing was infringed – whether the sanction imposed, namely striking-off, was a justified sanction. |
Disaster Management Act 57 of 2002 (DMA) – validity of direction |
Administrative Law – powers of Independent Regulatory Board for Auditors under Auditing Profession Act 26 of 2005 – whether their exercise constitutes executive or administrative action – whether review of impugned decisions time barred – whether prescribing assurance and tax practitioner fees beyond the Board’s powers – procedural unfairness – whether the Board should allow representations before prescribing fees and removing fee concession granted to senior auditors – whether gazetting of fees mandatory
|
Social development – Early Childhood Development facilities – payment of subsidies by national and provincial Departments of Social Development – whether breaches of constitutional obligations established – principles applicable to determination of disputes of fact in application proceedings re-stated. |
Application for leave to appeal – referral to oral argument in terms of s 17(2)(d) of the Superior Courts Act 10 of 2013 – Mandatory Audit Firm Rotation Rule – Auditing Professions Act 26 of 2005 – review – dismissal based on delay – prospects of success – whether promulgation of Rule ultra vires
|