African Amity NPC and Others v Minister of Home Affairs and Others [2023] ZAGPPHC 503; 51735/2021 (29 June 2023)

African Amity NPC and Others v Minister of Home Affairs and Others [2023] ZAGPPHC 503; 51735/2021 (29 June 2023)

The Court found that the applicants failed to comply with the procedural requirements of Rule 28 in seeking to amend the notice of motion and founding affidavit. The notice of intention to amend did not invite written objection within ten days as required, and the subsequent application for leave to amend was not lodged within the prescribed period. The amendment sought was to a notice of motion that had not been granted by the Court, rendering it non-existent. Furthermore, the attempt to amend the founding affidavit was impermissible, as affidavits cannot be amended under Rule 28; changes must be made by supplementary affidavits. The Court held that, given the constitutional significance...

Citation
[2023] ZAGPPHC 503
Parties
Applicant: African Amity NPC; Applicant: Zimbabwe Exemption Permit Holders Association and Others; Respondent: Minister of Home Affairs; Respondent: Director-General: Home Affairs; Respondent: President of the Republic of South Africa; Respondent: Minister in the South African Executive Government (Cabinet)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 June 2023
Case Number
51735/2021
Procedural Posture
Review Application / Application to Amend Notice of Motion; Main Application Postponed
Outcome
Application to amend dismissed; main application postponed sine die; costs to be costs in the cause.
Judges
C Collis, G Malindi, M Motha
Legal Topics
Amendment of Pleadings, Rule 28 Uniform Rules, Legitimate Expectation, Review of Administrative Action
Civil Procedure Constitutional Law Amendment of Pleadings Rule 28 Uniform Rules Legitimate Expectation Review of Administrative Action

Case Brief

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Parties

African Amity NPC

Applicant

Zimbabwe Exemption Permit Holders Association and Others

Applicant

Minister of Home Affairs

Respondent

Director-General: Home Affairs

Respondent

President of the Republic of South Africa

Respondent

Minister in the South African Executive Government (Cabinet)

Respondent

Procedural Posture

Review Application / Application to Amend Notice of Motion; Main Application Postponed

Legal Issues

  1. 1 Whether the applicants' notice of motion and founding affidavit could be validly amended under Rule 28 of the Uniform Rules of Court.
  2. 2 Whether the application to amend complied with the procedural requirements of Rule 28.
  3. 3 Whether the amendment sought was excipiable and prejudicial to the respondents.

Ratio Decidendi

The Court found that the applicants failed to comply with the procedural requirements of Rule 28 in seeking to amend the notice of motion and founding affidavit. The notice of intention to amend did not invite written objection within ten days as required, and the subsequent application for leave to amend was not lodged within the prescribed period. The amendment sought was to a notice of motion that had not been granted by the Court, rendering it non-existent. Furthermore, the attempt to amend the founding affidavit was impermissible, as affidavits cannot be amended under Rule 28; changes must be made by supplementary affidavits. The Court held that, given the constitutional significance...

Court Disposition

Application to amend dismissed; main application postponed sine die; costs to be costs in the cause.

Orders

  • The application to amend is dismissed.
  • The main application is postponed sine die.