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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
Mamogale v Premier, North West Province and Others (227/2006) [2006] ZANWHC 1 (12 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
Road Mac Surfacing (Pty) Ltd v MEC for Department of Transport and Roads, North West Province and Others ; Raubex (Pty) Ltd v MEC for Department of Transport and Roads, North West Province and Others ; Star Asphalters/Kgotsong Civils and Another v MEC for Department of Transport and Roads, North West Province and Others (820/05; 821/05; 822/05) [2006] ZANWHC 2 (31 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
Law Society of Northern Provinces v Mothoagae and Another (1460/2005) [2006] ZANWHC 3 (12 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