Photo of Patrick Bracher (ZA)

Patrick Bracher (ZA)

A licence restriction in legislation is not a deprivation of property for the purposes of section 25 of the Bill of Rights unless the right that has been taken away from licensees constitutes a right or interest worthy of protection and is substantial enough that its removal constitutes deprivation.

The SA Diamond Producers Organisation complained

The August 2016 first-of-its-kind judgment against South African Airways in favour of Nationwide Airlines, for damages arising from conduct that was held to be an anti-competitive exclusionary act preventing Nationwide from entering into or expanding within the travel market, raises the interesting question whether the loss is insurable by the company and the directors.

Public bodies performing administration functions such as the SA Pharmacy Council must give rational reasons for their decisions and have a factual basis for making the decision. Even a body with statutory powers to generally “do all such things as the Council deems necessary or expedient to achieve the objects of this Act” does not

On 4 May 2015 the Pretoria high court found that an applicant who was terminally ill and suffering intractably with a life expectancy of a few weeks at most, and fully mentally competent, could freely and voluntarily without undue influence be assisted in the act of suicide. The applicant was entitled to be assisted, by