De Lacy and Another v South African Post Office (CCT 24/10) [2011] ZACC 17; 2011 (9) BCLR 905 (CC) (24 May 2011)

De Lacy and Another v South African Post Office (CCT 24/10) [2011] ZACC 17; 2011 (9) BCLR 905 (CC) (24 May 2011)

The Constitutional Court dismissed the application for direct access, finding that the applicants failed to establish any material factual errors in the Supreme Court of Appeal judgment that could reasonably induce an apprehension of bias. The alleged 114 factual errors were not substantiated, and those identified were either immaterial or mere misdirections, not indicative of bias. The admissions in the pleadings did not establish causally relevant fraudulent intent. The applicants' conduct in pursuing unwarranted and unfounded allegations against the judiciary was found to be vexatious and lacking good faith. The Court held that the interests of justice did not warrant granting direct...

Citation
[2011] ZACC 17
Parties
Applicant: Brian Patrick De Lacy; Applicant: Barry Jack Beadon; Respondent: South African Post Office
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
24 May 2011
Case Number
CCT 24/10
Procedural Posture
Direct Access Application / Constitutional Court Judgment on Application for Direct Access
Outcome
Application for direct access dismissed with punitive costs order against the applicants.
Judges
Moseneke DCJ, Ngcobo CJ, Cameron J, Froneman J, Jafta J, Khampepe J, Mogoeng J, Mthiyane AJ, Nkabinde J, Van der Westhuizen J, Yacoob J
Legal Topics
Judicial Bias, Direct Access, Vicarious Liability, Tender Irregularities, Delictual Damages, Costs Orders
Constitutional Law Civil Procedure Delict Judicial Bias Direct Access Vicarious Liability Tender Irregularities Delictual Damages +1 more

Case Brief

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Parties

Brian Patrick De Lacy

Applicant

Barry Jack Beadon

Applicant

South African Post Office

Respondent

Procedural Posture

Direct Access Application / Constitutional Court Judgment on Application for Direct Access

Legal Issues

  1. 1 Whether the application for direct access to the Constitutional Court should be granted.
  2. 2 Whether the applicants established a reasonable apprehension of bias on the part of the Supreme Court of Appeal.
  3. 3 Whether the Supreme Court of Appeal committed material factual errors amounting to bias.

Ratio Decidendi

The Constitutional Court dismissed the application for direct access, finding that the applicants failed to establish any material factual errors in the Supreme Court of Appeal judgment that could reasonably induce an apprehension of bias. The alleged 114 factual errors were not substantiated, and those identified were either immaterial or mere misdirections, not indicative of bias. The admissions in the pleadings did not establish causally relevant fraudulent intent. The applicants' conduct in pursuing unwarranted and unfounded allegations against the judiciary was found to be vexatious and lacking good faith. The Court held that the interests of justice did not warrant granting direct...

Court Disposition

Application for direct access dismissed with punitive costs order against the applicants.

Orders

  • The application for direct access is dismissed.
  • Mr Brian Patrick De Lacy and Mr Barry Jack Beadon are ordered to pay the costs of the application on an attorney and own client scale, including the costs of two counsel.