Minister of Defence and Military Veterans v Motau and Others
| Jurisdiction | South Africa |
| Judge | Moseneke ACJ, Skweyiya ADCJ, Cameron J, Dambuza AJ, Froneman J, Jafta J, Khampepe J, Madlanga J, Majiedt AJ, Van der Westhuizen J and Zondo J |
| Judgment Date | 10 June 2014 |
| Citation | 2014 (5) SA 69 (CC) |
| Docket Number | CCT 133/13 [2014] ZACC 18 |
| Hearing Date | 17 February 2014 |
| Counsel | M Erasmus SC (with M Kgatla) for the appellant. M Dewrance (with N Muvangua) for the first and second respondents. O Mooki for the third respondent. |
| Court | Constitutional Court |
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62 practice notes
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Democratic Alliance v Minister of International Relations and Cooperation and Others
...31 (CC) (2008 (8) BCLR 771; [2008] ZACC 6): dictum in para [18]appliedMinister of Defence and Military Veterans v Motau and Others 2014 (5) SA69 (CC) (2014 (8) BCLR 930; [2014] ZACC 18; [2016] ZASCA 17):dictum in para [69] appliedMinister of Justice and Constitutional Development and Others......
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An analysis of directors' fiduciary duties in the removal of a director from office
...power to dismiss directors was more executive, rather 76 1984 1 WLR 120277 1984 1 WLR 120278 766 N E 2d 38 (Ind Ct App 20 02)79 2014 5 SA 69 (CC)80 Armscor was inc orporated primarily to prov ide South Africa’s arme d servic es with military material, equipment, fa cilities and serv ices It......
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The Application of the Promotion of Administrative Justice Act 3 of 2000 to Decisions not to Prosecute
...Hoexter Administrative Law 420. Not e also that the Constit utional Court in Min ister of Defenc e and Military Veter ans v Motau 2014 5 SA 69 (CC) acknowledg ed that is i t possible for procedur al fai rness to at tach i ndependently of enabling provisions: paras 81-83. Cf Associatio n of ......
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Minister of Justice and Constitutional Development and Others v Southern Africa Litigation Centre and Others
...to Middelburg Municipality v Gertzen 1914 AD 544: dictum at 552 applied D Minister of Defence and Military Veterans v Motau and Others 2014 (5) SA 69 (CC) (2014 (8) BCLR 930; [2014] ZACC 18): dictum in para [78] applied Mthembu v Letsela and Another 2000 (3) SA 867 (SCA) ([2000] 3 All SA 21......
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52 cases
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Democratic Alliance v Minister of International Relations and Cooperation and Others
...31 (CC) (2008 (8) BCLR 771; [2008] ZACC 6): dictum in para [18]appliedMinister of Defence and Military Veterans v Motau and Others 2014 (5) SA69 (CC) (2014 (8) BCLR 930; [2014] ZACC 18; [2016] ZASCA 17):dictum in para [69] appliedMinister of Justice and Constitutional Development and Others......
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Minister of Justice and Constitutional Development and Others v Southern Africa Litigation Centre and Others
...to Middelburg Municipality v Gertzen 1914 AD 544: dictum at 552 applied D Minister of Defence and Military Veterans v Motau and Others 2014 (5) SA 69 (CC) (2014 (8) BCLR 930; [2014] ZACC 18): dictum in para [78] applied Mthembu v Letsela and Another 2000 (3) SA 867 (SCA) ([2000] 3 All SA 21......
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South African Reserve Bank and Another v Shuttleworth and Another
...481 (CC) (2014 (5) BCLR 547; [2014] ZACC 6): dictum in para [101] applied Minister of Defence and Military Veterans v Motau and Others 2014 (5) SA 69 (CC) D (2014 (8) BCLR 930; [2014] ZACC 18): dictum in paras [37] – [38] Minister of Finance and Another v Paper Manufacturers Association of ......
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SA Restructuring and Insolvency Practitioners Association v Minister of Justice and Constitutional Development and Others, and Another Application
...(2008 (10) BCLR 969; [2008] ZACC 10): dictum in paras [62] – [63] applied Minister of Defence and Military Veterans v Motau and Others 2014 (5) SA 69 (CC) (2014 (8) BCLR 930; [2014] ZACC 18): Minister of Education v Harris 2001 (4) SA 1297 (CC) (2001 (11) BCLR 1157; [2001] ZACC 25): referre......
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10 books & journal articles
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An analysis of directors' fiduciary duties in the removal of a director from office
...power to dismiss directors was more executive, rather 76 1984 1 WLR 120277 1984 1 WLR 120278 766 N E 2d 38 (Ind Ct App 20 02)79 2014 5 SA 69 (CC)80 Armscor was inc orporated primarily to prov ide South Africa’s arme d servic es with military material, equipment, fa cilities and serv ices It......
-
The Application of the Promotion of Administrative Justice Act 3 of 2000 to Decisions not to Prosecute
...Hoexter Administrative Law 420. Not e also that the Constit utional Court in Min ister of Defenc e and Military Veter ans v Motau 2014 5 SA 69 (CC) acknowledg ed that is i t possible for procedur al fai rness to at tach i ndependently of enabling provisions: paras 81-83. Cf Associatio n of ......
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The importance of process and substance
...the Court has accepted that the rationality enquiry does entail procedural fairness.58 2013 (1) SA 248 (CC) (‘Democratic Alliance’).59 2014 (5) SA 69 (CC) (‘Motau’).60 See (n 58).61 See (n 4) para 34, per Justice Yacoob.62 Albutt (n 4) paras 17Marcus and Du Plessis The Importance of Process......
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The importance of process and substance
...the Court has accepted that the rationality enquiry does entail procedural fairness.58 2013 (1) SA 248 (CC) (‘Democratic Alliance’).59 2014 (5) SA 69 (CC) (‘Motau’).60 See (n 58).61 See (n 4) para 34, per Justice Yacoob.62 Albutt (n 4) paras 17Marcus and Du Plessis The Importance of Process......
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