Synopsis:
Writing for the majority Yacoob J held that public power may be exercised by a private body. When such power is exercised, it is always subject to the rule of law and the doctrine of legality. In determining whether the authority to exercise public power by a private body is properly delegated, regard must be had to what powers would be necessary for the private body to perform its functions properly. Majority judgment written by Yacoob J. O'Regan concurred in separate judgment. Langa CJ wrote a dissenting judgment.