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Updates and Articles from ATMD.

Articles .

The Boundaries of Intervention: Judicial Restraint and the Choice Between Remittal and Substitution in Administrative Law.

The Boundaries of Intervention: Judicial Restraint and the Choice Between Remittal and Substitution in Administrative Law. The KwaZulu-Natal Division of the High Court as per Nkosi J, in the most recent Overrox case, has emphasised that the courts must not interfere with the decision-making of other arms of government without any justifiable grounds to do so....
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Prescription Act

SECTION 12(3) OF THE PRESCRIPTION ACT 68 OF 1969

SECTION 12(3) OF THE PRESCRIPTION ACT 68 OF 1969 The Prescription Act 68 of 1969 (the Act) provides for the periods of prescription of debts as well as when the said debt becomes prescribed., The Purpose of the Act, inter alia, is to specify the time period during which debtors become liable to pay a debt...
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AMTD National Treasury

National Treasury Preferential Procurement Regulations: 10 March 2022

On the 10th March 2022, the National Treasury published the draft preferential procurement regulations for public comments. Click here to view : National Gazette Draft Prefential Procurement Regulations Comment 10-3-2022
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Wage Agreement declared unlawful

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 of...
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Preferential Procurement Regulations, 2017 – Minister of Finance v Afribusiness NPC [2022] ZACC 4

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 of...
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Agrippa Mpungose Director Public Procurement Litigation

Public procurement regulations (2017) confirmed to be invalid

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 must...
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