BACKGROUND The parties in this matter were as follows: “The Homo Sapiens, Negro, Ethiopian, Semite, Israelite People of South Africa” (the “First Applicant”) who were represented by Ms. Sabina Valerie Clarisse (the “Second Applicant”); The first respondent was the President of South Africa (the “First Respondent”), and the National Treasury (the “Second Respondent”), and the
- Published in 2020, Administrative Law, Constitutional Law
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Eskom Holdings SOC Limited v National Energy Regulator of South Africa and Others (74870/2019) [2020] ZAGPPHC 2 (10 February 2020).
Thursday, 20 February 2020
BACKGROUND The High Court of South Africa, Gauteng Division, Pretoria (the “Court”) was recently tasked to consider an application for urgent relief by Eskom (the “Applicant”) pending an application in terms of the Promotion of Administrative Justice Act (“PAJA”) for judicial review and setting aside of a decision taken by the National Energy Regulator of
- Published in 2020, Administrative Law
Mampane NO and Others v National Union of Public Service and Allied Workers and Another 2020 2 BLLR (LAC)
Wednesday, 19 February 2020
BACKGROUND The four Appellants are, the Commissioner of the National Lotteries Commission (“the NLC”), the NLC, the board of the NLC, and the Human Capital Manager of the NLC (“the HCM”). The Respondents are respectively the National Union of Public Service and Allied Workers (“NUPSAW”) and Ms Mokgatlha (“Mokgatlha”). The appeal is against the Labour
- Published in 2020, Administrative Law, Labour Law
CORRUPTION WATCH AND ANOTHER v ARMS PROCUREMENT COMMISSION AND OTHERS 2019 (10) BCLR 1218 (GP); [2019] 4 All SA 53 (GP).
Friday, 13 December 2019
BACKGROUND AND SUMMARY In casu, the court considered whether it had the power to review the findings of a judicial commission of inquiry. In the absence of any reported judgment of a South African court, the court examined comparative material. In 1997, a procurement process commenced to implement the Strategic Defence Procurement Package (“SDPP”). Through
- Published in 2019, Administrative Law
NOTYAWA V MAKANA MUNICIPALITY AND OTHERS [2019] ZACC 43.
Tuesday, 26 November 2019
SUMMARY Mr. Notyawa (hereinafter “the Applicant”) applied for a position as the municipal manager of the Makana Municipality, during November 2014 and was duly appointed as same by the Municipal Council in March 2015. Subsequent to the Applicant’s appointment, and under the authority of section 54A of the Local Government: Municipal Systems Act (hereinafter “the
- Published in 2019, Administrative Law
The Laser Transport Group (Pty) Ltd & another v Elliot Mobility (Pty) Ltd & another (835/2018) [2019] ZASCA 140 (01 October 2019)
Friday, 22 November 2019
SUMMARY This case dealt with a tender review of an award challenged for non-compliance with the Preferential Procurement Policy Framework Act 5 of 2000 (“PPPFA”). On or about 11 March 2015, the Laser Transport Group (Pty) Ltd t/a Stuttaford Van Lines (the “Laser Group”) and Gin Holdings (Pty) Ltd (“Gin Holdings”) (the “Appellants”), which
- Published in 2019, Administrative Law
Nkosi v Minister of Justice and Correctional Services and Others (00028-2018) [2018] ZAGPJHC 3 (5 January 2018)
Tuesday, 22 May 2018
SUMMARY The Applicant was a prisoner, who had been convicted of multiple offences, inter alia, murder and robbery with aggravating circumstances. The Applicant had served 15 (Fifteen) years of his life sentence and would be considered for parole only on or about 10 April 2019. On 28 December 2017, the Applicant’s mother passed away
- Published in 2018, Administrative Law, Criminal Law
ABET Inspection Engineering (Pty) Ltd v The Petroleum Oil and Gas Corporation of South Africa and Another (A280/2017) [2018] ZAWCHC 7 (1 February 2018)
Saturday, 12 May 2018
SUMMARY Vumela Industrial Consultancy (Pty) Ltd (“Vumela”) successfully tendered for a contract for the provision of quality control and approved inspection authority services for PetroSA, being an organ of state (“the Contract”). Vumela had obtained the highest score in the tender evaluation process and offered a tender price that was R4.6 million lower than that
- Published in 2018, Administrative Law, News
Earthlife Africa Johannesburg and Another v Minister of Energy and Others 2017 (5) SA 227 (WCC)
Thursday, 10 May 2018
SUMMARY In 2013, the Minister of Energy determined, in terms of section 34 of the Electricity Regulation Act, that South Africa required 9.6 gigawatts of nuclear power, and further that the Department of Energy should begin the procurement process for same. In this review application, Earthlife Africa – Johannesburg and the Southern African Faith Communities’’
- Published in 2017, Administrative Law, Constitutional Law, News