Buffalo City Metropolitan Municipality v Asla Construction (Pty) Limited (CCT91/17) [2019] ZACC 15

16th April 2019

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Limited (CCT91/17) [2019] ZACC 15

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The applicant, Buffalo City Metropolitan Municipality (Municipality), seeks the review and setting aside of its own decision. 

It seeks leave to appeal against a decision of the Supreme Court of Appeal that held that the Municipality had not made out a case for condonation in terms of section 9 of the Promotion of Administrative Justice Act (PAJA) and, as a result, the review application could not be entertained. 

In this Court, the Municipality originally relied on a review in terms of PAJA, but following this Court’s decision in Gijima, the review must be dealt with in terms of the principle of legality.