All courts - 2024 August

4 judgments
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Results. 4 judgments found.

4 judgments
August 2024
Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
  • Judicial review — Registrar's refusal to issue court documents — issuance as a judicial function requiring application of judicial mind — decisions of Registrar exercising judicial functions not amenable to judicial review — alternative remedy by appeal — exhaustion of remedies.
12 August 2024
Permission for judicial review refused because the Assistant Registrar’s act was judicial and appeal, not review, was the appropriate remedy.
  • Judicial review — Registrar’s functions — Issuance/rejection of court processes as judicial acts — Amenability to judicial review vs appeal — Alternative remedy (appeal) required before review — Natural justice and ultra vires challenge to admission-to-bar decision.
12 August 2024
Permission to seek judicial review denied because the Registrar acted in a judicial capacity and an appeal, not review, was the appropriate remedy.
  • Administrative law — judicial review — registrar’s issuance of court processes is a judicial function; decisions by a registrar exercising judicial power are not amenable to judicial review but to appeal; judicial review is a remedy of last resort where alternative remedies exist.
12 August 2024
Court set aside party executive’s candidate‑eligibility rules as ultra vires and violative of members’ constitutional political rights.
  • Constitutional and party law — justiciability of intra‑party disputes — locus standi of party member — ultra vires acts by party executive — limitation of members’ political rights — Section 40 Constitution — Political Parties Act compliance.
6 August 2024