n South African Law Journal - The doctrine of separation of powers and interim interdict cases involving the state : National Treasury v Opposition to Urban Tolling Alliance : notes
|Article Title||The doctrine of separation of powers and interim interdict cases involving the state : National Treasury v Opposition to Urban Tolling Alliance : notes|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Affiliations||1 University of Johannesburg|
|Publication Date||Jan 2014|
|Pages||740 - 755|
The Constitutional Court's judgment in National Treasury v Opposition to Urban Tolling Alliance 2012 (6) SA 223 (CC) ('OUTA') raises vital questions about the extent to which the separation of powers doctrine influences the adjudication of interim interdict applications against the state. In this case, the Constitutional Court held that the common-law test for the granting of an interim interdict must be adapted to give effect to the constitutional principle of the separation of powers. In doing so, it developed a highly deferential approach to adjudicating interim interdict cases against the state. After OUTA, it seems that interim interdicts against organs of state will be granted only in very narrow circumstances.
Article metrics loading...