Summary: Interpretation of statutes – Applicant seeks declaratory orders that section 47(1) of the Superior Courts Act 10 of 2013 does not apply to retired Judges and that the term ‘civil proceedings’ does not relate to review applications instituted against regulatory bodies such as the Judicial Services Commission (JSC) but not against Judges even if they have an interest in the matter – alternative relief is for consent to be granted in terms of the section to cite a retired Judge – meaning and purpose of section 47(1) restated – doctrine of leave to sue applies with equal force to retired Judges –- case by case approach required when consent requested –- Retired judges continue to feature in judicial functions and activities - the safety net of section 47(1) is largely aimed at protecting judicial independence – test is whether good cause has been shown.
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Thales South Africa (Pty) Ltd v National Director of Public Prosecutions N.O and Others (3957/2020)  ZAKZPHC 1
Click here to read the full judgment on Saflii  The applicant, Thales South Africa (Pty) Ltd (‘TSA’), seeks, inter alia, an order that the decision by the third respondent, Mr S Abrahams, alternatively, the second respondent, Mr M Mpshe, to authorise a prosecution in terms of section 2(4) of the Prevention of Organised Crime Act 121 of 1998 (‘POCA’), against TSA on a charge of racketeering in terms of section (2)(1)(e) of POCA, be declared to be inconsistent with the principle of legality. It seeks to have the decision reviewed and set aside. →