Mandamus Order for Icasa

Is there such a facility in South African Law?
 
Just give Icasa a month's chance... after all there's been some extremely good news coming forth from the DoC and Icasa as well...

No need to throw good money away if Icasa started doing their job.
 
iirc a mandamus is simply getting a court to order someone to do something. it is a private law (between people...) remedy which is not suitable for dealing with a statutory body like ICASA

still very much part of sa law
 
dominic said:
iirc a mandamus is simply getting a court to order someone to do something. it is a private law (between people...) remedy which is not suitable for dealing with a statutory body like ICASA

still very much part of sa law
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I am pretty sure in addition to the case I quoted about Metrorail that I don't quite understand, in a fairly recent case in KZN someone got such an order to force the municipality to do something-or-other. I cannot find a reference for the life of me! But it seems that one can apply for and get such an order for govt or quasi-govt bodies.
 
dominic said:
iirc a mandamus is simply getting a court to order someone to do something. it is a private law (between people...) remedy which is not suitable for dealing with a statutory body like ICASA

still very much part of sa law
Click to expand...
Thanks for the explanation. :)
 
Not being a lawyer I cannot go read up all the stuff about this, but I did find some Concourt guff at http://196.41.167.18/uhtbin/hyperion-image/J-CCT8-02A

[105] This Court has said on other occasions that it is also within the power of courts to make a mandatory order against an organ of state and has done so itself. For instance, in the Dawood case, a mandamus was issued directing the Director-General of Home Affairs and immigration officials to exercise the discretion conferred upon them in a manner that took account of the constitutional rights involved. In the August case a mandatory order, coupled with an injunction to submit a detailed plan for public scrutiny, was issued by this Court against an organ of state B the Electoral Commission.
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*bump*

In light of the recent activities, maybe the time has come for us to take a look at this again.

A good, hard look, and decision.
 
either that or a claim against the head of telkom in the small claims court for overcharging or some technical term to the like. if every adsl user makes a claim based on the fact that they are paying for a service but they are not receiving the service and thus want either the difference refunded or service extended. this would of course require meticulous data usage logs. and it would kill the CEO cause he would have to appear in court to defend the charges.. and as telkom is painfully aware time is money..
 
Well Its A Long Way To Communicative Freedoms In This Country!!! We As South Africans Are Still Struggling To Have More Freedoms! Maybe Oneday Each And Every Person Will Be Able To Afford To Call Their Family Via Telephone When They Want Or To Send A E-mail To People Across Locations
 
Gosh --- I had no idea that this thread was here until just now, when I decided to do some legal research to see whether it might be possible to obtain a mandamus to compel ICASA to make regulations governing CCC complaints-hearing procedure. I entered "mandamus" in Google South Africa, and the first link that came up was one to this thread!

Can anyone fill me in on the context of the thread? What was it that prompted anyone, in May of this year, to ask whether we could "throw a Mandamus Order at Icasa"?

And dominic, why do you say (in post #7 above) that mandamus is "a private law (between people...) remedy which is not suitable for dealing with a statutory body like ICASA"? I don't in fact know whether mandamus is part of South African law --- that's one of the things which I was about to research when I stumbled upon this thread --- but if it is then it is in fact an administrative-law remedy which is (in principle) eminently suitable for forcing a public body to perform its public duties. (To be more specific, it is one of the common-law "prerogative writs" issuable against public bodies in England --- and compelling performance of a public duty by a governmental official or other public entity is precisely its purpose. It's not just the same thing as a private-law mandatory interdict/injunction).

Please can you get in touch with me about this, dominic? I'd very much like to discuss it with you. I'm about to send you a "PM" with my personal contact details, in case you don't already have them.

Michael Alachouzos
 
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And while that is hopefully happening, how about all active forumites open a case against the CEO of Telkom at their local small claims court claiming for one months line rental. Then open a new case the next month and so on etc. Every month hundreds of cases against the CEO. How will he be able to appear as defendant at each one? Impossible but what a statement!
 
Would be nice but does it matter? Telkom would soon run out of 'legal representatives' to send as defendants on its behalf. I think the question is rather can one take a company like Telkom to small claims court?
 
bwana said:
Is there such a facility in South African Law?
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Yes.

dominic said:
iirc a mandamus is simply getting a court to order someone to do something. it is a private law (between people...) remedy which is not suitable for dealing with a statutory body like ICASA

still very much part of sa law
Click to expand...
This is incorrect, see what alacos had to say. :)

alacos said:
Can anyone fill me in on the context of the thread? What was it that prompted anyone, in May of this year, to ask whether we could "throw a Mandamus Order at Icasa"?
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Not too sure, I just saw this for the first time myself.

And dominic, why do you say (in post #7 above) that mandamus is "a private law (between people...) remedy which is not suitable for dealing with a statutory body like ICASA"? I don't in fact know whether mandamus is part of South African law --- that's one of the things which I was about to research when I stumbled upon this thread --- but if it is then it is in fact an administrative-law remedy which is (in principle) eminently suitable for forcing a public body to perform its public duties.
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It is indeed a part of SA law, and from what my admin lawbooks say, you are entirely correct here. Check the Promotion of Administrative Justice Act; Section 6 deals with judicial review of administrative decisions, including failing to make a decision where there is a duty to make one.
 
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ic said:
Also the first time I've seen this thread, but the mandamus question was raised in another thread just recently: [searchforum]Mandamus[/searchforum]...
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Didn’t know about the "[searchforum]" function, cool

I saw the term in the other thread as well, did some minor research about it as I did not have a clue what it was all about. I was suppressed to find this now. Thought that this spawned due to that thread, but saw the date of this thread was a bit outdated.

The_Librarian said:
*subscribed*
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Ditto.
 
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