Cibi and Others v Public Service Commission and Others (3703/2019) [2022] ZAECMKHC 44 (28 July 2022)

Cibi and Others v Public Service Commission and Others (3703/2019) [2022] ZAECMKHC 44 (28 July 2022)

The court found that the error in the attestation clause of the affidavit, referring to the deponent as 'he' instead of 'she', was a clerical oversight and did not invalidate the affidavit. The deponent was an attorney of the court, and there was no evidence that the affidavit was not properly commissioned. The court applied the principle that substantial compliance with the Regulations suffices and exercised its discretion to admit the affidavit. Regarding costs, the court held that the applicants had been dilatory in pursuing the matter, failing to secure legal representation for nearly a year and providing inadequate explanation for their delays. The applicants' conduct warranted...

Citation
[2022] ZAECMKHC 44
Parties
Applicant: Sonwabo Cibi; Applicant: Piwokuhle Zitshu; Applicant: Fikelwa Seti; Applicant: Noxolo Maru; Applicant: Nombeko Mazwi; Applicant: Joshua Zwelobusi Jita; Applicant: Lomex Mzanele Sisilana; Applicant: Nomthandazo Ntozakhe; Applicant: Thulisa Sonjani; Applicant: Anita Modikoe; Applicant: Andile Mini; Applicant: Nosiphiwo Somdyala; Applicant: Siyabonga Stompi; Respondent: Public Service Commission; Respondent: MEC: Department of Transport; Respondent: Premier: Eastern Cape; Respondent: Speaker: Eastern Cape Legislature
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
28 July 2022
Case Number
3703/2019
Procedural Posture
Review Application / Application for Postponement and Costs Order
Outcome
Application for postponement granted; costs of postponement awarded against applicants on attorney-and-client scale.
Judges
Bands
Legal Topics
Affidavit Validity, Costs Postponement, Attorney and Client Scale
Civil Procedure Affidavit Validity Costs Postponement Attorney and Client Scale

Case Brief

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Parties

Sonwabo Cibi

Applicant

Piwokuhle Zitshu

Applicant

Fikelwa Seti

Applicant

Noxolo Maru

Applicant

Nombeko Mazwi

Applicant

Joshua Zwelobusi Jita

Applicant

Lomex Mzanele Sisilana

Applicant

Nomthandazo Ntozakhe

Applicant

Thulisa Sonjani

Applicant

Anita Modikoe

Applicant

Andile Mini

Applicant

Nosiphiwo Somdyala

Applicant

Siyabonga Stompi

Applicant

Public Service Commission

Respondent

MEC: Department of Transport

Respondent

Premier: Eastern Cape

Respondent

Speaker: Eastern Cape Legislature

Respondent

Procedural Posture

Review Application / Application for Postponement and Costs Order

Legal Issues

  1. 1 Whether the affidavit submitted by the applicants' attorney is valid despite a gender pronoun error in the attestation clause.
  2. 2 What scale of costs should be awarded for the postponement caused by the applicants' late engagement of legal representation.

Ratio Decidendi

The court found that the error in the attestation clause of the affidavit, referring to the deponent as 'he' instead of 'she', was a clerical oversight and did not invalidate the affidavit. The deponent was an attorney of the court, and there was no evidence that the affidavit was not properly commissioned. The court applied the principle that substantial compliance with the Regulations suffices and exercised its discretion to admit the affidavit. Regarding costs, the court held that the applicants had been dilatory in pursuing the matter, failing to secure legal representation for nearly a year and providing inadequate explanation for their delays. The applicants' conduct warranted...

Court Disposition

Application for postponement granted; costs of postponement awarded against applicants on attorney-and-client scale.

Orders

  • The applicants are jointly and severally ordered to pay the first respondent's costs occasioned by the postponement, on the scale as between attorney and client.