Concourt Hands Down Judgement on SITA vs Gijima Dispute
On the 14 November 2017, The Constitutional Court handed down judgement in the application for leave to appeal, in a matter between the State Information Technology Agency (SITA), represented by GMI Director Thenjiwe Vilakazi and Gijima Holdings.
The matter dealt with whether an organ of state can seek to have its own decision reviewed and set aside in terms of the promotion of Administrative Justice Act of 2000 (PAJA) or by way of the legality principle as contended by SITA.
The Concourt concluded that PAJA does not apply when an organ of state seeks to review its own decision, it must do so under the principle of legality. It held that on interpretation, section 33 of the Constitution and PAJA itself, it cannot be said that the state seeking a review of its own decision can be a beneficiary of the rights under section 33. The Court further concluded that section 33 creates the right to just administrative action enjoyed by private persons only and the State is the bearer of obligations under that section.
To read the summary of the judgement, please click here.