Results.
554 documents found.
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Jurisdiction |
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Namibia
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15 November 2013 |
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An assignee’s equitable interest under an unregistered assignment prevails over a later erroneous state grant of title.
Property law – equitable proprietary interest under unregistered assignment – lands allocation by State – challenge and cancellation of later Certificate of Title issued in error – effect of non‑registration under Lands and Deeds Registry Act – limits on third‑party reliance on non‑registration
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Zambia
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16 October 2013 |
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Blanket confidentiality of asylum applications is overbroad; Appeal Board must have discretion to allow media/public access.
Immigration law — Proportionality — overbreadth of blanket confidentiality
Immigration law — Refugee law — confidentiality of asylum applications
Immigration law — remedy — declaration of invalidity suspended
Immigration law — remedy — interim reading‑in conferring discretion on Refugee Appeal Board
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South Africa
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27 September 2013 |
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Closure of the Cape Town Refugee Reception Office was set aside for unlawful, irrational process and failure to consult stakeholders.
Administrative law — Administrative action/PAJA — Whether closure of a Refugee Reception Office constitutes administrative action under PAJA
Administrative law — Fair administrative action — Requirement to consult stakeholder organisations where their input is necessary for rational decision‑making
Constitutional law — doctrine of legality — Rationality review of executive policy decisions
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South Africa
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27 September 2013 |
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Namibia
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13 June 2013 |
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Namibia
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16 January 2013 |
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Eswatini
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29 November 2012 |
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Council’s irregular offer letters produced liability: refund with interest and referral to Commissioner rather than specific performance.
Land law; State land and alienation — local authority exceeded jurisdiction by issuing offer letters; specific performance inappropriate where defendant lacks power; damages and referral to Commissioner of Lands as appropriate remedy
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Zambia
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16 October 2012 |
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A local council's sand levy on crushed stones was intra vires, reasonable, and did not constitute double taxation.
Local government by‑laws – Levy on commodities – Section 69 Local Government Act – Inclusion of crushed stones in sand levy – Wednesbury unreasonableness – Proper mode of commencement (originating summons v judicial review) – Double taxation (mining royalties v local levy) – Impoundment and injunctive relief
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Zambia
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3 August 2012 |
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Namibia
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30 July 2012 |
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Respondents must declare and fill 2013 educator and non‑educator school post establishments to protect learners' right to basic education.
Administrative law — municipal staff establishment
Constitutional law — National intervention — Effect: national executive assumes provincial powers and obligations to ensure basic education
Education law — School staffing/post establishment — Declaration and filling of educator and non‑educator post establishments
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South Africa
· Eastern Cape
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3 July 2012 |
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Ghana
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1 July 2012 |
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Namibia
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21 June 2012 |
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Ghana
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16 May 2012 |
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Court refused interim injunction over disputed land title, holding the balance of convenience favoured maintaining the status quo pending trial.
Interim injunctions — land — registered title v. asserted customary occupation — irreparable harm and adequacy of damages — balance of convenience — preservation of status quo pending trial; alleged improper acquisition of title
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Zambia
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5 March 2012 |
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Namibia
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11 November 2011 |
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The applicant cannot be extradited or deported to face a real risk of the death penalty absent a written assurance against execution.
Constitutional law — extradition/deportation — right to life and prohibition of cruel, inhuman or degrading treatment — deportation cannot circumvent this obligation
Constitutional law — extradition/deportation — right to life and prohibition of cruel, inhuman or degrading treatment — international law cannot justify conduct inconsistent with the Constitution
Constitutional law — extradition/deportation — right to life and prohibition of cruel, inhuman or degrading treatment — S
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South Africa
· Gauteng
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22 September 2011 |
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Eswatini
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11 August 2011 |
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Eswatini
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12 June 2011 |
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Namibia
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19 May 2011 |
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Namibia
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26 January 2011 |
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Namibia
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15 July 2010 |
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Namibia
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27 April 2010 |
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EL|Minerals|oil and gas|Transnational and international dispute resolution|Public interest in environment|Attribution of Costs|Government Contracting
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Ghana
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11 March 2010 |
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Eswatini
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15 February 2010 |
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Eswatini
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5 February 2010 |
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Namibia
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26 November 2009 |
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Eswatini
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10 August 2009 |
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Namibia
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20 April 2009 |
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Namibia
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7 April 2009 |
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Arrest under s34 lawful, but detention and deportation unlawful for failure to comply with statutory warrant procedures.
Civil procedure — contempt of court — Interpretation of orders — Whether an amended publication prohibition permitted use of the departmental file and precluded contempt
Immigration law — Deportation — Whether s8 review/appeal must precede arrest under s34 — Section 8 need not precede arrest under s34
Immigration law — Detention and deportation — Requirement for warrants and prescribed forms (Reg 28, Forms 28/29/35) — Non‑compliance renders detention/removal unlawful
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South Africa
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31 March 2009 |
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Namibia
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17 March 2009 |
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Namibia
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19 January 2009 |
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Namibia
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9 January 2009 |
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Eswatini
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30 November 2008 |
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Court struck appeal off the roll and ordered the attorney to pay wasted costs de bonis propriis for a defective record.
Civil procedure — Appeal record — Duty of appellant’s attorneys to place a complete and coherent record before the appeal court — Consequences of non‑compliance
Legal Profession — Professional conduct — misleading the registrar or court justifies personal costs de bonis propriis and referral to regulatory body
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South Africa
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27 November 2008 |
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Eswatini
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21 November 2008 |
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Court held parties agreed only to grant use of the mining licence, not its transfer; plaintiffs' claim dismissed, counterclaim granted.
Mines and Minerals — mining licence: 'use' v transfer; contract interpretation — objective approach and surrounding background; agency — licence-holder may use agents (s.43); royalties — contractual obligation and counterclaim; plaintiffs failed to prove breach or loss.
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Malawi
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3 November 2008 |
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Namibia
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31 October 2008 |
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Namibia
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24 October 2008 |
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An 18‑month custodial sentence for illegal charcoal burning was excessive; fines substituted for first offenders.
Forestry Act s64(
A) – sentencing for illegal charcoal burning – omission to assess damage value – consideration of first offender status – custodial sentence manifestly excessive – substitution with fine
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Malawi
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13 July 2008 |
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Namibia
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24 June 2008 |
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Ghana
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12 June 2008 |
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Customary land grants surface use only; government/developer may dig for irrigation but must restore land and compensate for damages.
Customary land — surface user rights only; Ministerial control of sub-soil and minerals (Land Act s.26) — Government/developer permitted to dig and lay irrigation pipes but must refill and compensate for destroyed crops/trees — No right to draw water from project canals — Procedural directions to list objectors, map customary lands and hold joint rights-explanation meeting
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Malawi
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2 December 2007 |
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Eswatini
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24 October 2007 |
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Eswatini
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19 September 2007 |
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Whether excluding recognised refugees from registration in the private security industry amounts to unfair discrimination under section 9.
Administrative law — review of administrative action — administrative action
Administrative law — review of administrative action — Refusal to register or withdrawal of registration as security service providers
Constitutional law — equality — Refugees — role of s 23(6) discretionary exemption
Constitutional law — equality — Refugees — Whether exclusion from registration as security service providers constitutes unfair discrimination
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South Africa
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12 December 2006 |
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Namibia
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30 November 2006 |
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Sierra Leone
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23 November 2006 |
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Sierra Leone
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18 November 2006 |
