This blog was co-authored by Felix Le Roux, Candidate Attorney

On 3 October 2023, the Constitutional Court dismissed an appeal by a joint venture oil company in respect of a review application it had brought against SARS. The Court ruled that a further request for reasons by an applicant, after the administrator has provided the

This blog was co-authored by Felix Le Roux, Candidate Attorney.

On 6 July 2023, the Cape Town High Court dismissed an application brought against the South African Reserve Bank (SARB) for the release of funds subject to a blocking order that was issued due to alleged exchange control contraventions from which the applicant gained R60

This blog was co-authored with Felix Le Roux, Candidate Attorney

On 10 March 2023 the Constitutional Court held that the Special Tribunal, established in terms of section 2(1)(b) of the Special Investigating Units and Special Tribunals Act, 1996 (the SIU Act) to adjudicate civil proceedings emanating from an investigation by the Special Investigating Unit (SIU)

The Supreme Court of Appeal has reaffirmed that the making of regulations by a Minister acting in terms of a statute constitutes administrative action within the meaning of the Promotion of Administrative Justice Act, 2000.  This means that such regulations can be challenged if they are outside the powers of the Minister under the enabling

In an important judgment, the Constitutional Court emphasises that fundamental rights are primarily meant to protect human beings against the state. All the rights contained in our Bill of Rights are very much fundamental rights, including the right to just administrative action enshrined in section 33.

South Africa’s administrative law benefits natural and juristic private

The Cape High Court decision in April 2017 setting aside the Minister of Energy’s decision determining the requirements for procurement of nuclear generation capacity and tabling of the related Russian intergovernmental agreement (IGA) in parliament usefully reminds us of a few important principles of constitutional and administrative law:

  1. Whilst the courts will not usually interfere

We have been reminded again that regulations that are unreasonable and irrational can be challenged under the Promotion of Administrative Justice Act (PAJA). Regulations are made under empowering provisions in the governing law, have a direct external legal effect on the parties they apply to, and adversely affect the rights of persons in the industry