Dibakoane v Head of Department: Department of Culture, Sports and Recreation (Mpumalanga Province) (3309/2020) [2021] ZAMPMBHC 63 (5 October 2021)

Dibakoane v Head of Department: Department of Culture, Sports and Recreation (Mpumalanga Province) (3309/2020) [2021] ZAMPMBHC 63 (5 October 2021)

The court found that the respondents failed to comply with Rule 53 by not dispatching the record required for review proceedings. The jurisdictional challenge raised by the respondents must be determined on the applicant's pleadings, which may be informed by the record. Since the applicant's founding affidavit was not before the court, it could not be established that the record would not inform the pleadings. Therefore, the respondents are obliged to dispatch the record before the issue of jurisdiction can be determined. The applicant's notice was broader than ordinarily permitted, but only documents relevant to the decision under review must be furnished. The application under Rule 30...

Citation
[2021] ZAMPMBHC 63
Parties
Applicant: Pretty Flavia Dibakoane; Respondent: Head of Department: Department of Culture, Sports and Recreation (Mpumalanga Province); Respondent: Department of Social Development (Mpumalanga); Respondent: MEC: Department of Social Development (Mpumalanga Province)
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
5 October 2021
Case Number
3309/2020
Procedural Posture
Review Application / Application for Compliance With Rule 53(1)(b) and Declaration of Irregular Step
Outcome
Application granted in part: respondents ordered to comply with Rule 53(1)(b); no costs order.
Judges
Greyling-Coetzer AJ
Legal Topics
Rule 53 Review Procedure, Jurisdiction of High Court, Non Compliance With Rules, Administrative Action, Termination of Employment, Costs Award
Civil Procedure Administrative Law Labour Law Rule 53 Review Procedure Jurisdiction of High Court Non Compliance With Rules Administrative Action Termination of Employment +1 more

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Parties

Pretty Flavia Dibakoane

Applicant

Head of Department: Department of Culture, Sports and Recreation (Mpumalanga Province)

Respondent

Department of Social Development (Mpumalanga)

Respondent

MEC: Department of Social Development (Mpumalanga Province)

Respondent

Procedural Posture

Review Application / Application for Compliance With Rule 53(1)(b) and Declaration of Irregular Step

Legal Issues

  1. 1 Whether the respondents are obliged to comply with Rule 53(1)(b) and dispatch the record for review proceedings.
  2. 2 Whether the answering affidavit filed by the respondents constituted an irregular step under Rule 30 and/or Rule 30A.
  3. 3 Whether the High Court has jurisdiction to entertain the review of the applicant's termination of employment.

Ratio Decidendi

The court found that the respondents failed to comply with Rule 53 by not dispatching the record required for review proceedings. The jurisdictional challenge raised by the respondents must be determined on the applicant's pleadings, which may be informed by the record. Since the applicant's founding affidavit was not before the court, it could not be established that the record would not inform the pleadings. Therefore, the respondents are obliged to dispatch the record before the issue of jurisdiction can be determined. The applicant's notice was broader than ordinarily permitted, but only documents relevant to the decision under review must be furnished. The application under Rule 30...

Court Disposition

Application granted in part: respondents ordered to comply with Rule 53(1)(b); no costs order.

Orders

  • The first to third respondents are directed to comply with Rule 53(1)(b) of the Uniform Rules of Court by dispatching to the Registrar the records of such proceedings sought to be corrected or set aside, together with such reasons as may be required or desired to give or make, within 15 days of the date of this order.
  • Each party to pay their own cost.