CONSTITUTIONAL COURT OF SOUTH AFRICA National Education Health and Allied Workers Union and Others v Minister of Public Service and Administration and Others; South African Democratic Teachers Union and Others v Department of Public Service and Administration and Others; Public Servants Association and Others v Minister of Public Service and Administration and Others; National Union...Read More
To all organs of state Preferential Procurement Regulations, 2017 – Minister of Finance v Afribusiness NPC [2022] ZACC 4 On Wednesday, 16 February 2022, the Constitutional Court handed down judgment in the application for leave to appeal against a judgment and order of the Supreme Court of Appeal. This application was brought by the Minister...Read More
The principle of legality is an integral component of the rule of law. This principle was best explained by the Constitutional Court in the judgement of Affordable Medicines Trust and others v The Minister of Health and others. This court, at paragraph 49, explained this principle in the following terms: “the exercise of public power...Read More
May an employer invoke a confidential agreement to conceal wrongdoings in the workplace? In the matter of Natasha D. Jacobs vs KwaZulu-Natal Treasury [2021] ZALAC 50 (9 December 2021), the labour appeal court answered the above question in the negative. The court found that a confidentiality agreement cannot be used to conceal the wrongdoings of...Read More
THE RULE OF LAW AND THE STATUS OF THE PUBLIC PROCUREMENT REGULATIONS (2017) The principle of legality is an integral component of the rule of law. This principle was best explained by the Constitutional Court in the judgement of Affordable Medicines Trust and others v The Minister of Health and others. This court, in paragraph...Read More
PICKET vs GATHERING (National Union of Metal Workers of South Africa and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others (6/2020) [2020] ZASCA 161 (7 December 2020)) Is a picket organised by a trade union in furtherance of a protected strike, a gathering to which the provisions of the regulations of gatherings...Read More
Section 6(1) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) provides that any person may institute proceedings in a court or a tribunal for the judicial review of an administrative action. Prior to the 30th of September 2016, the use of PAJA by organs of state was accepted as being legally correct,...Read More
Costs of de bonis propris against public officials A string of court judgments seem to be setting a long overdue norm of holding State officials personally liable for costs of suit in certain matters in which they have acted negligently in a gross manner and with disregard to constitutional norms and standards. In matters where...Read More
It has long been established that a B-BBEE Verification certificate is used in tenders to substantiate the B-BBEE rating of the bidder. However the inclusion of such certificate and the status level of the bidder has never been used as an exclusionary factor when tendering. In the case of Rodpaul Construction CC t/a Rods Construction...Read More
It has been widely accepted by South African Courts that once a settlement agreement has been reached, by consent, then it may be made an order of court and this would result in the finalisation of a matter. In the matter of Buffalo City Metropolitan Municipality // Asla Construction (PTY) LTD [2019] ZACC 15, the...Read More
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