Dikoko v Tswelopele Local Municpality and Others (3675/2023) [2024] ZAFSHC 5 (8 January 2024)

Dikoko v Tswelopele Local Municpality and Others (3675/2023) [2024] ZAFSHC 5 (8 January 2024)

The court found that the applicant's reliance on PAIA for access to documents in the course of litigation was legally impermissible due to section 7 of the Act. The applicant failed to supplement his founding affidavit with evidence obtained from the respondents, and did not identify a valid cause of action or review ground under PAJA. The founding affidavit did not provide sufficient factual basis for the relief sought, namely the setting aside of the third respondent's appointment. The applicant attempted to introduce new matters in reply, but these could not cure the deficiencies in the founding papers. The respondents' supplementary affidavit was admitted to address new allegations....

Citation
[2024] ZAFSHC 5
Parties
Applicant: Boitshoko Percival Dikoko; Respondent: Tswelopele Municipality; Respondent: The Acting Municipal Manager; Respondent: Lebohang Shadrack Malokase
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 January 2024
Case Number
3675/2023
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed with costs; respondents' condonation application granted with costs.
Judges
Mhlambi
Legal Topics
Municipal Appointments, Promotion of Access to Information Act, Review Proceedings, Cause of Action Requirements
Administrative Law Civil Procedure Municipal Appointments Promotion of Access to Information Act Review Proceedings Cause of Action Requirements

Case Brief

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Parties

Boitshoko Percival Dikoko

Applicant

Tswelopele Municipality

Respondent

The Acting Municipal Manager

Respondent

Lebohang Shadrack Malokase

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to the documentation listed in annexure B under PAIA for the purpose of litigation.
  2. 2 Whether the appointment of the third respondent as Director of Technical Services should be set aside for irregularity or unlawfulness.
  3. 3 Whether the applicant disclosed a valid cause of action for the relief sought.

Ratio Decidendi

The court found that the applicant's reliance on PAIA for access to documents in the course of litigation was legally impermissible due to section 7 of the Act. The applicant failed to supplement his founding affidavit with evidence obtained from the respondents, and did not identify a valid cause of action or review ground under PAJA. The founding affidavit did not provide sufficient factual basis for the relief sought, namely the setting aside of the third respondent's appointment. The applicant attempted to introduce new matters in reply, but these could not cure the deficiencies in the founding papers. The respondents' supplementary affidavit was admitted to address new allegations....

Court Disposition

Application dismissed with costs; respondents' condonation application granted with costs.

Orders

  • The respondents' condonation application is granted with costs.
  • The main application is dismissed with costs.