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Citation
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Judgment date
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| December 2015 |
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The Premier’s withdrawal of the applicant’s recognition as iNkosana was rational and the review application is dismissed; age-limit issue unresolved.
Traditional leadership – appointment and removal of iNkosana – role of Royal Family to decide removal and role of Premier to consider representations and withdraw certificate of recognition. Administrative law – review under PAJA – requirement to plead and prove specific grounds; rationality and reasonableness review. Evidence – documentary inconsistencies and timing undermine claimed appointment by late chief. Statutory interpretation – potential conflict between provincial Governance Act age/membership requirement and national Framework Act/customary law (minority/regent issues) – complex, unresolved on papers. Allegations of malice/dishonesty require clear factual foundation and particular pleading.
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1 December 2015 |
| November 2015 |
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Reported
Late PAIA internal appeals are not automatically void; courts may condone delay and order access to records.
Promotion of Access to Information Act (PAIA) – s75(1)(a)(i) – 60-day time limit for internal appeals – consequences of non-compliance. PAIA – s75(2) – power to condone late appeals upon good cause shown; procedural fairness and legality in exercising condonation. Constitutional right of access to information (s32) – interpretation of PAIA to promote Bill of Rights. Section 78 – court’s remedial powers in PAIA proceedings; implied condonation where relevant authority fails to decide. PAJA – decisions under PAIA not administrative action; proceedings under s78 constitute special statutory review.
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13 November 2015 |
| September 2015 |
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Where one accused’s counsel lacked right of appearance, the court may separate trials and set that accused’s trial aside.
Criminal procedure – joint trials – effect of one accused’s legal representative lacking right of appearance – whether entire multi-accused trial void or only proceedings as to affected accused. Attorneys Act s8(4)(a) – candidate attorney’s right to appear lapses on expiry of articles or after six months unless admitted. Separation of trials – Criminal Procedure Act s157(2) – discretionary, fact-specific inquiry into prejudice and interests of justice. Case law – Gwantshu distinguished; automatic blanket setting-aside of entire trials rejected.
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1 September 2015 |
| August 2015 |
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Reported
Whether the MEC lawfully recognised a headman without observing the Cala Reserve’s customary practice of community election — appeal dismissed.
Administrative law; review of administrative action under PAJA; customary law – proof and role in identifying traditional leaders; s 18 Eastern Cape Traditional Leadership and Governance Act – requirement to have due regard to applicable customary law; Transkei Authorities Act s 41(3) – did not abolish local customary practice of community election; ripeness of administrative decision for review; internal remedies and remittal.
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18 August 2015 |
| May 2015 |
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Applicants who have not applied or been appointed lack standing to remove trustees under section 20(1).
Trusts – section 20(1) Trust Property Control Act – locus standi to remove trustees – persons eligible to apply for appointment but who have not applied or been selected do not have sufficient interest to seek removal; removal of trustees is a drastic remedy and alternative remedies (compelling trustees to consider applications) may be appropriate.
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15 May 2015 |