Caledon River Properties (Pty) Ltd t/a Magwa Construction and Another v Special Investigating Unit and Another (GP/17/2020) [2022] ZAST 20 (8 September 2022)

Caledon River Properties (Pty) Ltd t/a Magwa Construction and Another v Special Investigating Unit and Another (GP/17/2020) [2022] ZAST 20 (8 September 2022)

The Tribunal held that section 8(7) of the Special Investigating Units and Special Tribunals Act confers an automatic right of appeal to the Full Court of the High Court Division with jurisdiction against any ruling, decision, or order of the Tribunal, except where such a ruling, decision, or order would not be...

Source-derived case information.

Citation
[2022] ZAST 20
Parties
Applicant: Caledon River Properties (Pty) Ltd t/a Magwa Construction; Applicant: Profteam CC; Respondent: Special Investigating Unit; Respondent: National Department of Public Works and Infrastructure
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
8 September 2022
Case Number
GP/17/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court of the High Court Division Against the Special Tribunal's Judgment.
Outcome
The applications for leave to appeal are dismissed as not proper before the Tribunal.
Judges
L T Modiba
Legal Topics
Leave to Appeal, Special Tribunals Act, Automatic Right of Appeal, Jurisdictional Requirements
Civil Procedure Administrative Law Leave to Appeal Special Tribunals Act Automatic Right of Appeal Jurisdictional Requirements

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Summary, issues, holding and outcome

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Parties

Caledon River Properties (Pty) Ltd t/a Magwa Construction

Applicant

Profteam CC

Applicant

Special Investigating Unit

Respondent

National Department of Public Works and Infrastructure

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Court of the High Court Division Against the Special Tribunal's Judgment.

Legal Issues

  1. 1 Whether section 8(7) of the Special Investigating Units and Special Tribunals Act 74 of 1996 provides for an automatic right to appeal against the Tribunal's decisions.
  2. 2 Whether sections 16 and 17 of the Superior Courts Act are applicable to applications for leave to appeal in the Tribunal.
  3. 3 Whether Tribunal Rules can limit the statutory right to appeal.

Ratio Decidendi

The Tribunal held that section 8(7) of the Special Investigating Units and Special Tribunals Act confers an automatic right of appeal to the Full Court of the High Court Division with jurisdiction against any ruling, decision, or order of the Tribunal, except where such a ruling, decision, or order would not be subject to appeal if made by the High Court. This right is not qualified by a requirement for leave to appeal, and Tribunal Rules cannot limit this statutory right. Sections 16 and 17 of the Superior Courts Act do not apply to appeals from the Tribunal, as the Tribunal's powers are derived solely from its enabling Act. Consequently, the applications for leave to appeal are not...

Court Disposition

The applications for leave to appeal are dismissed as not proper before the Tribunal.

Orders

  • The first and second defendants' applications for leave to appeal are dismissed.
  • Costs are costs in the appeal.