De Beer N.O and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020) [2020] ZAGPPHC 676 (23 October 2020)

De Beer N.O and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020) [2020] ZAGPPHC 676 (23 October 2020)

The court found that the applicants failed to establish exceptional circumstances or irreparable harm required for immediate implementation of the previous orders under section 18(3) of the Superior Courts Act. The factual landscape had changed, with new regulations in force that did not suffer from the same defects as those previously set aside. The applicants' delay in seeking leave to cross-appeal was not adequately explained, and their 'wait and see' approach was insufficient to justify condonation. The declaration of a National State of Disaster was rationally connected to the government's objective of managing the pandemic, and there was no reasonable prospect that another court...

Citation
[2020] ZAGPPHC 676
Parties
Applicant: Reyno Dawid De Beer; Applicant: Liberty Fighters Network; Amicus Curiae: Hola Bon Renaissance Foundation; Respondent: Minister of Cooperative Governance and Traditional Affairs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 October 2020
Case Number
21542/2020
Procedural Posture
Leave to Appeal / Application for Leave to Cross Appeal and Section 18(3) Application
Outcome
Both the application for immediate implementation under section 18(3) and the application for leave to cross-appeal are refused.
Judges
N Davis
Legal Topics
Disaster Management Act, Rationality Review, Constitutional Invalidity, Section 18 Application, Leave to Appeal, Condonation
Constitutional Law Civil Procedure Administrative Law Disaster Management Act Rationality Review Constitutional Invalidity Section 18 Application Leave to Appeal +1 more

Case Brief

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Parties

Reyno Dawid De Beer

Applicant

Liberty Fighters Network

Applicant

Hola Bon Renaissance Foundation

Amicus Curiae

Minister of Cooperative Governance and Traditional Affairs

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Cross Appeal and Section 18(3) Application

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify immediate implementation of the court's previous orders under section 18(3) of the Superior Courts Act pending appeal.
  2. 2 Whether condonation should be granted for the late application for leave to cross-appeal.
  3. 3 Whether the declaration of a National State of Disaster by the Minister was rational and constitutionally valid.

Ratio Decidendi

The court found that the applicants failed to establish exceptional circumstances or irreparable harm required for immediate implementation of the previous orders under section 18(3) of the Superior Courts Act. The factual landscape had changed, with new regulations in force that did not suffer from the same defects as those previously set aside. The applicants' delay in seeking leave to cross-appeal was not adequately explained, and their 'wait and see' approach was insufficient to justify condonation. The declaration of a National State of Disaster was rationally connected to the government's objective of managing the pandemic, and there was no reasonable prospect that another court...

Court Disposition

Both the application for immediate implementation under section 18(3) and the application for leave to cross-appeal are refused.

Orders

  • The application in terms of section 18(3) of the Superior Courts Act, 10 of 2013, is refused.
  • Leave to cross-appeal is refused.