Bisschoff v Magistrate Jansen van Rensburg and Others (1581/2021) [2021] ZAFSHC 254 (28 October 2021)

Bisschoff v Magistrate Jansen van Rensburg and Others (1581/2021) [2021] ZAFSHC 254 (28 October 2021)

The High Court held that it is generally impermissible to review interlocutory orders made by a Magistrate's Court before the main action is concluded, except in exceptional circumstances where grave injustice would result and cannot be remedied by appeal. The applicant failed to demonstrate any exceptional circumstances or grave injustice. The relief sought did not fall within the ambit of Section 22(1) of the Superior Courts Act or Uniform Rule 53. The issues raised by the applicant were matters for appeal, not review, and no gross irregularity or unlawful conduct was established. The application was therefore dismissed with costs.

Citation
[2021] ZAFSHC 254
Parties
Applicant: Zelda Bisschoff; Respondent: Magistrate Jansen van Rensburg; Respondent: Acting Magistrate Sebe; Respondent: McIntyre & Van Der Post Incorporated
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 October 2021
Case Number
1581/2021
Procedural Posture
Review Application / Application for Review and Setting Aside of Interlocutory Orders Made in the Magistrate's Court; Judgment Delivered
Outcome
Application dismissed with costs.
Judges
De Kock, Loubser
Legal Topics
Magistrates Court Review, Interlocutory Orders, In Medias Res Review, Costs Award
Civil Procedure Magistrates Court Review Interlocutory Orders In Medias Res Review Costs Award

Case Brief

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Parties

Zelda Bisschoff

Applicant

Magistrate Jansen van Rensburg

Respondent

Acting Magistrate Sebe

Respondent

McIntyre & Van Der Post Incorporated

Respondent

Procedural Posture

Review Application / Application for Review and Setting Aside of Interlocutory Orders Made in the Magistrate's Court; Judgment Delivered

Legal Issues

  1. 1 Whether the High Court may review interlocutory orders made by the Magistrate's Court before the main action is concluded.
  2. 2 Whether the relief sought by the applicant falls within the ambit of Section 22(1) of the Superior Courts Act and Uniform Rule 53.
  3. 3 Whether exceptional circumstances exist to justify review in medias res.

Ratio Decidendi

The High Court held that it is generally impermissible to review interlocutory orders made by a Magistrate's Court before the main action is concluded, except in exceptional circumstances where grave injustice would result and cannot be remedied by appeal. The applicant failed to demonstrate any exceptional circumstances or grave injustice. The relief sought did not fall within the ambit of Section 22(1) of the Superior Courts Act or Uniform Rule 53. The issues raised by the applicant were matters for appeal, not review, and no gross irregularity or unlawful conduct was established. The application was therefore dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The applicant's application is dismissed with costs.