Badi and Another v East Cape Cycling and Others (3452/2018) [2019] ZAECPEHC 82 (5 November 2019)

Badi and Another v East Cape Cycling and Others (3452/2018) [2019] ZAECPEHC 82 (5 November 2019)

The court found that respondents failed to dispatch a complete record as required by Rule 53(1)(b), including audio recordings and other relevant documents. The tender to make documents available at attorneys' offices did not comply with the Rule, which requires dispatch to the registrar. The filing of the answering affidavit before dispatching the full record was irregular and prejudicial to the applicants, as it impeded their right to supplement their founding affidavit and construct a proper record for review. No proper condonation application was made for the late filing of the answering affidavit, and the explanation provided was inadequate. The court held that openness,...

Citation
[2019] ZAECPEHC 82
Parties
Applicant: Lukholo Badi; Applicant: Imveli Cycling Academy; Respondent: East Cape Cycling; Respondent: Cycling South Africa; Respondent: Ayanda Kheswa – Tsikayi
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
5 November 2019
Case Number
3452/2018
Procedural Posture
Review Application / Application to Compel Production of Documents and to Set Aside Answering Affidavit as Irregular Step in Review Proceedings
Outcome
Applications to compel production of documents and to set aside answering affidavit as irregular step are granted with punitive costs.
Judges
N P Jaji
Legal Topics
Rule 53 Record, Review of Tribunal Decision, Condonation, Irregular Step, Production of Documents
Administrative Law Civil Procedure Rule 53 Record Review of Tribunal Decision Condonation Irregular Step Production of Documents

Case Brief

Summary, issues, holding and outcome

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Parties

Lukholo Badi

Applicant

Imveli Cycling Academy

Applicant

East Cape Cycling

Respondent

Cycling South Africa

Respondent

Ayanda Kheswa – Tsikayi

Respondent

Procedural Posture

Review Application / Application to Compel Production of Documents and to Set Aside Answering Affidavit as Irregular Step in Review Proceedings

Legal Issues

  1. 1 Whether respondents were obliged to dispatch a complete record of disciplinary proceedings, including audio recordings and other documents, in terms of Rule 53(1)(b).
  2. 2 Whether the filing of the respondents' answering affidavit before dispatching the full record constituted an irregular step.
  3. 3 Whether respondents' application for condonation for late filing of answering affidavit was properly brought and justified.

Ratio Decidendi

The court found that respondents failed to dispatch a complete record as required by Rule 53(1)(b), including audio recordings and other relevant documents. The tender to make documents available at attorneys' offices did not comply with the Rule, which requires dispatch to the registrar. The filing of the answering affidavit before dispatching the full record was irregular and prejudicial to the applicants, as it impeded their right to supplement their founding affidavit and construct a proper record for review. No proper condonation application was made for the late filing of the answering affidavit, and the explanation provided was inadequate. The court held that openness,...

Court Disposition

Applications to compel production of documents and to set aside answering affidavit as irregular step are granted with punitive costs.

Orders

  • Respondents are ordered to furnish the registrar with proof of payment of applicants' affiliation and other documentary evidence of registration with and affiliation to the first respondent for the periods 2016 to 2017 and 2017 to 2018.
  • Respondents must provide the full investigation report into alleged misconduct on the part of the first applicant in terms of section 4.1 of annexure 'AA6'.