Bhugwan v JSE Limited (08/32943) [2009] ZAGPJHC 33; 2010 (3) SA 335 (GSJ) 2010 (3) SA 335 (GSJ) (31 July 2009)

Bhugwan v JSE Limited (08/32943) [2009] ZAGPJHC 33; 2010 (3) SA 335 (GSJ) 2010 (3) SA 335 (GSJ) (31 July 2009)

The court held that the respondent's email of 18 April 2008 did not constitute a 'decision' as defined by PAJA or common law. The email merely indicated the existence of information and invited further discussion, rather than making a final or definitive determination. There was no formal application by the applicant to the respondent for a decision, and the process of gathering information was incomplete. The applicant suffered no prejudice, as the respondent remained open to considering further submissions. The factual allegations that no decision was taken stood uncontradicted. Accordingly, the application for judicial review was dismissed, as there was no reviewable administrative act.

Citation
[2009] ZAGPJHC 33
Parties
Applicant: Kamal Shantilal Bhugwan; Respondent: JSE Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
31 July 2009
Case Number
08/32943
Procedural Posture
Review Application / Judgment on Review Application Under Rule 53
Outcome
Application dismissed with costs, including costs of two counsel and reserved costs.
Judges
C.J. Claassen
Legal Topics
Promotion of Administrative Justice Act, Definition of Administrative Action, Ripeness for Review, Fit and Proper Requirements, Decision Vs Preliminary View
Administrative Law Civil Procedure Promotion of Administrative Justice Act Definition of Administrative Action Ripeness for Review Fit and Proper Requirements Decision Vs Preliminary View

Case Brief

Summary, issues, holding and outcome

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Parties

Kamal Shantilal Bhugwan

Applicant

JSE Limited

Respondent

Procedural Posture

Review Application / Judgment on Review Application Under Rule 53

Legal Issues

  1. 1 Whether the respondent's email of 18 April 2008 constituted a 'decision' as defined in the Promotion of Administrative Justice Act (PAJA).
  2. 2 Whether the applicant was afforded procedurally fair administrative action.
  3. 3 Whether the applicant was obliged to exhaust internal remedies before approaching the court.

Ratio Decidendi

The court held that the respondent's email of 18 April 2008 did not constitute a 'decision' as defined by PAJA or common law. The email merely indicated the existence of information and invited further discussion, rather than making a final or definitive determination. There was no formal application by the applicant to the respondent for a decision, and the process of gathering information was incomplete. The applicant suffered no prejudice, as the respondent remained open to considering further submissions. The factual allegations that no decision was taken stood uncontradicted. Accordingly, the application for judicial review was dismissed, as there was no reviewable administrative act.

Court Disposition

Application dismissed with costs, including costs of two counsel and reserved costs.

Orders

  • The application is dismissed with costs.
  • The costs are to include the costs occasioned by the employment of two counsel.