Summary

Claim for payment of subsistence allowance - officers attending a short course abroad per authorization of the commissioner of police - necessary authorisation from the Head of Department not obtained - policy guidelines for attendance of training - not followed - claims dismissed

Summary

Application for review of the Minister’s decision declining an application for renewal of a prospecting licence-on grounds of unreasonableness, misinterpretation of the provisions of the Mines and Minerals Act of 2005  and legitimate expectation - the evidence presented does not establish improper excise of discretion - expectation arising from an undertaking made by the commissioner of Mines lacking statutory power to make same - application dismissed.

SUMMARY

ADMINISTRATIVE LAW: Review of unterminated disciplinary proceedings- the applicant having brought an application for review of unterminated disciplinary process in the absence of exceptionality- the application dismissed with costs.

SUMMARY:

ADMINITRATIVE LAW: Applicant challenging his transfer on the basis that he was not afforded pre-decision notice and hearing- Held, the applicant should have been given pre-decision notice of the intended course of action and an opportunity to make representations, there being no exceptionality justifying non-compliance with the requirement, application granted as prayed.

SUMMARY

ADMISTRATIVE LAW: Applicants challenging the 4th respondent’s termination of the 1st applicant’s membership of the 1st respondent- Jurisdictional facts necessary for the exercise of such power non-existent- Application granted with costs.

SUMMARY

ADMINISTRATIVE LAW: The propriety of the administrative decision-maker to correct its own decision it perceives to have been taken irregularly or unlawfully- Held, the Courts of law are the final arbiters of legality of administrative decision-making process not the administrators themselves.

                                                 SUMMARY

ADMINISTRATIVE LAW: The Principal Secretary initiating proceedings to terminate the applicant’s appointment on account of procedural irregularities- The court having been approached on an urgent basis and interim prohibitory interdict issued- Questions being raised about the court’s involvement at the show-cause stage- Held, for the reason that the Principal Secretary did not have jurisdiction to issue the show-cause letter, the court was justified to intervene at the stage of unterminated proceedings- Furthermore, on the issue whether the Principal Secretary could ignore the decision of his predecessor, and whether the court can determine the validity of appointment in the absence of a reactive challenge embodied in a counter application to review the impugned decision, the Oudekraal and Kirland principles discussed and  applied.

                                                 SUMMARY

ADMINISTRATIVE LAW: Applicant challenging his dismissal on review based on substantial irregularities- the alleged irregularities having been found unfounded, application dismissed with costs.

                                                      SUMMARY

ELECTION DISPUTE: The applicants are disgruntled former members of the executive committee of the association- they are challenging the legitimacy of the elections which voted them out of office - Held, that there is no evidence to prove that the incumbent members were not elected properly, application accordingly dismissed with costs.