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Procedurally fair in terms of Promotion of Administrative justice Act 3 of 2000 is discussing as follows; Sections 3 (1) provides that an administrative action which materially and adversely affects the rights or legitimate expectations of any person must be procedurally fair. (2)(a) A fair administrative procedure depends on the circumstances ...
Inquiries are generally established under two pieces of legislation, either the Commissions Act, 1947, or the Constitution of the Republic of South Africa, although they have also been established under other legislation too, such as the Promotion of National Unity and Reconciliation Act and the National Prosecuting Authority Act etc.
The façade of the Constitutional Court of South Africa. The South African judiciary has broad powers of judicial review under the Constitution of South Africa.Courts are empowered to pronounce on the legality and constitutionality of exercises of public power, including administrative action, executive action, and the passage of acts of Parliament.
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA or the Equality Act, Act No. 4 of 2000) is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment .
Constitution of the Republic of South Africa Amendment Act, 1994: 3: Constitution of the Republic of South Africa Second Amendment Act, 1994: The Constitution of the Republic of South Africa, 1993, came into force on 27 April 1994 with the election of the first non-racial Parliament on that date. 4: South African Passports and Travel Documents ...
South African administrative law is the branch of public law which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, [1] or better say, in present-day South Africa, which regulates "the activities of bodies that exercise public powers or perform public functions, irrespective of whether those bodies are ...
In a unanimous judgment penned by Justice Steven Majiedt, the Constitutional Court dealt, firstly, with the proper interpretation of section 10(1) of the Equality Act; secondly, with the vagueness (and therefore unconstitutionality) of section 10(1) as properly interpreted; and, thirdly, with the merit of the hate speech complaint against ...
New Clicks South Africa (Pty) Ltd v Tshabalala-Msimang and Another NNO; Pharmaceutical Society of South Africa and Others v Tshabalala-Msimang and Another NNO 2005 (2) SA 530 (C) is an important case in South African administrative law. However, note that this case went on appeal, first to the Supreme Court of Appeal and thereafter to the ...