In a July 2025 judgment, the Supreme Court of Appeal reaffirmed that the Promotion of Administrative Justice Act (PAJA) is the appropriate mechanism for litigants to challenge administrative action.
The matter arose from a tender issued by a provincial department for waste management services, to which 15 bidders responded. One day after the expiry of
On 12 March 2025, a High Court judgment ruled that the decision of a municipality to terminate the acting appointment of its Director of Community Services amounted to administrative action that is subject to review in terms of the Promotion of Administrative Justice Act (PAJA).
The employee had challenged the termination of his acting
On 20 November 2024, the high court handed down a judgment which confirmed that if the common approach of the parties to a point of law is based on a wrong perception, a court is not only entitled, but obliged, to raise that point of law of their own accord.
The matter involved an
On 9 October 2024, the Constitutional Court ruled in favour of the executor of a deceased estate and ordered a medical scheme to honour the contractual obligations it owed to the deceased.
One of the issues dealt with in the judgment is whether the decision of the Medical Schemes Appeal Board, in upholding the
In a July 2022 blog, we highlighted the tendency of our courts to invoke the Promotion of Administrative Justice Act (PAJA) and the principle of legality interchangeably in cases where review grounds exist under both. We explained that, despite the considerable overlap between PAJA and the principle of legality, everyone dealing with government and
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