CCT16/98A

[1998] ZACC 21

; 1999 (2) SA 14 (CC)

1999 (2) BCLR 175 (CC)

Chaskalson P

24 November 1998

2 December 1998

http://hdl.handle.net/20.500.12144/2066

Appeal against a decision of the High Court in South African Rugby Football Union and Others v President of the Republic of South Africa and Others 1998 (4) SA 296 (T); appeal upheld. The appeal follows an unsuccessful recusal application reported as President of the Republic of South Africa and Others v South African Rugby Football Union and Others 1999 (4) SA 147 (CC) ; 1999 (7) BCLR 1 (CC). A dispute concerning the bill of costs is reported as President of the Republic of South Africa v Gauteng Lions Rugby Union and Another 2002 (2) SA 64 (CC) ; 2002 (1) BCLR 1 (CC).

Constitutional reviewability of President's decision to appoint a commission of inquiry (section 84(2)(f) of the Constitution) and to make powers of subpoena in terms of the Commissions Act (8 of 1947) applicable to such commission. Abdication of President's responsibility to the Minister was unsubstantiated; President had applied his mind to the facts and the law before him; unwarranted adverse credibility findings made against President by the judge below. President not required to give respondents a hearing before appointing such commission as this action did not amount to 'administrative action' as contemplated by section 33 of the Constitution. Court did not deem it necessary to deal with an argument that the judge below had been biased. Appeal unanimously upheld in decision by the Court.