Cases listed under subject matter

Administrative action

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Carephone (Pty) Ltd v Marcus NO & others [1998] 11 BLLR 1093 (LAC)

The test for review is whether there is a rational objective basis between the evidence and the conclusion arrived at, justifying the decision.

Kasipersad v CCMA & others [2003] 2 BLLR 187 (LC)

The prohibition against reference to statements made at conciliation during any subsequent proceedings and the prohibition against the commissioner or any other person testifying about the conciliation process, conflicts with the right of the applicant to administrative justice.

Khumalo and Another v Member of the Executive Council for Education: KwaZulu Natal (CCT 10/13) [2013] ZACC 49 (18 December 2013)

Where the delay in correcting an irregularity is unreasonable and unexplained, this will not generally be condoned, particularly where there is no wrongdoing on the part of a person promoted irregularly.

Minister of Justice and Correctional Services and Others v Ramaila and Others (CA 5/2019) [2020] ZALAC 41 (9 November 2020)

Where a Ministerial determination is sourced in a collective agreement, the contractual nature of the agreement does not mutate into administrative action reviewable under PAJA.

Ntshangase v MEC: Finance Kwa-Zulu Natal and Another 402/08 [2009] ZASCA 123 (28 September 2009)

The decision of a disciplinary hearing chairperson in the public sector constitutes administrative action. When the chair’s decision is grossly unreasonable, the employer is entitled to take the decision on review.

Sidumo v Rustenburg Platinum Mines Ltd and Others (Case CCT 85/06 Decided on 05 October 2007)

Compulsory CCMA arbitration proceedings constitute administrative action but are not subject to PAJA.

Solidarity v Minister of Safety and Security and Others (J879/12) [2016] ZALCJHB 15 (26 January 2016)

Whether numerical targets in a EE plan can be construed as quotas will depend on the rigidity with which they are pursued, which will depend on the interpretation of the wording of the plan.

Transnet Limited v PNN Chirwa [2006] SCA 131 (RSA).

Conduct only amounts to administrative action if it is the exercise of public power or the performance of a public function in terms of any legislation.