High Court of South Africa North-West, Mafikeng

The Judges currently  serving on duty at the North West High Court are:

  1. Hon. Judge President RD Hendricks
  2. Hon. Deputy Judge President Djaje
  3. Hon. Judge Petersen
  4. Hon. Judge Reid
  5. Hon. Judge Mfenyana
  6. Hon. Judge Reddy
3 judgments
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3 judgments
Citation
Judgment date
October 2006
Premier’s endorsement of regent’s removal set aside for failure to appoint s 42 inquiry and for denial of fair hearing.
Traditional leadership – removal and recognition of regents – interplay between provincial act (s 42 Bop Act) and national Framework Act (s 11–13) – mandatory procedural protections (commission, written charge, hearing) before removal – PAJA audi requirement and exhaustion of internal remedies – discretionary referral by Premier to provincial house – structural interdicts.
12 October 2006
August 2006
Court upheld that objective, rational procurement criteria need not always be pre-disclosed; procedural fairness and rationality remain required.
Administrative law – public procurement – PPPFA and Regulations applicable – objective criteria may justify awarding tender to not-highest scorer – disclosure of every objective criterion in tender documents not always required – price-envelope and average-benchmarking permissible if rational and fair – failure to interview low-priced tenderer procedural unfairness but prejudice must be shown – courts reluctant to usurp administrative function or award damages under PAJA except in exceptional cases.
31 August 2006
January 2006
Court grants urgent suspension and appoints curator over attorney practising without fidelity certificate and with alleged trust shortages.
Attorneys’ regulation – locus standi of Law Society; constitutionality of s84A Attorneys Act – concurrent jurisdiction over former homeland practitioners; court’s disciplinary jurisdiction – interim suspension and curator appointment where attorney practises without fidelity fund certificate and proper trust accounting; urgency to protect trust creditors and fidelity fund.
12 January 2006