Collins and Others v Minister of Police (A290/2021) [2023] ZAGPPHC 49 (3 February 2023)

Collins and Others v Minister of Police (A290/2021) [2023] ZAGPPHC 49 (3 February 2023)

The appeal is not ripe for hearing due to the absence of a complete record and proper reasons from the Magistrate. The appellants and their legal representatives failed to take all reasonable steps to reconstruct the record and obtain adequate reasons. However, striking the matter from the roll would unduly prejudice the appellants, given the need for cooperation from third parties to reconstruct the record. The court exercises its discretion not to strike the matter, but instead orders the parties to convene with the Magistrate to reconstruct the missing portions of the record, including any ex tempore judgment. The appellants' attorney must confirm the reconstruction or, if...

Citation
[2023] ZAGPPHC 49
Parties
Appellant: Ernert Olverman Collins; Appellant: Petrus Jacobus Collins; Appellant: Jasper Christoffel van der Linde; Respondent: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 February 2023
Case Number
A290/2021
Procedural Posture
Civil Appeal / Appeal Against Judgment and Reasons of Magistrate's Court
Outcome
Appeal removed from the roll pending reconstruction of the record; no order as to costs for the setting down of the appeal.
Judges
C E Thompson, N Mngqibisa-Thusi
Legal Topics
Appeal Record Reconstruction, Condonation Application, Magistrates Court Rules, Ex Tempore Judgment, Duty to Provide Reasons
Civil Procedure Appeal Record Reconstruction Condonation Application Magistrates Court Rules Ex Tempore Judgment Duty to Provide Reasons

Case Brief

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Parties

Ernert Olverman Collins

Appellant

Petrus Jacobus Collins

Appellant

Jasper Christoffel van der Linde

Appellant

Minister of Police

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Reasons of Magistrate's Court

Legal Issues

  1. 1 Whether the appeal is ripe for hearing in the absence of a complete record and proper reasons from the Magistrate.
  2. 2 Whether the appellants and their legal representatives took all reasonable steps to ensure a proper appeal record was placed before the court.
  3. 3 Whether the failure to reconstruct the record and obtain proper reasons justifies striking the matter from the roll or making an alternative order.

Ratio Decidendi

The appeal is not ripe for hearing due to the absence of a complete record and proper reasons from the Magistrate. The appellants and their legal representatives failed to take all reasonable steps to reconstruct the record and obtain adequate reasons. However, striking the matter from the roll would unduly prejudice the appellants, given the need for cooperation from third parties to reconstruct the record. The court exercises its discretion not to strike the matter, but instead orders the parties to convene with the Magistrate to reconstruct the missing portions of the record, including any ex tempore judgment. The appellants' attorney must confirm the reconstruction or, if...

Court Disposition

Appeal removed from the roll pending reconstruction of the record; no order as to costs for the setting down of the appeal.

Orders

  • The appeal is removed from the roll.
  • The legal representatives of the parties in the court a quo shall, within 30 days of this order, agree on a date with Magistrate B Mtebele for an open court sitting to reconstruct the missing portions of the record.