Ferreira and Another v Magistrate , Mr Koopman NO and Another (2448/2018) [2020] ZAECGHC 102 (8 September 2020)

Ferreira and Another v Magistrate , Mr Koopman NO and Another (2448/2018) [2020] ZAECGHC 102 (8 September 2020)

The High Court held that it is impermissible to review incomplete proceedings in the Magistrate's Court unless exceptional circumstances exist that would result in grave injustice or where justice cannot otherwise be attained. The applicants failed to demonstrate any such exceptional circumstances. The grounds raised by the applicants pertained to the result of the proceedings, not the method, and are matters for appeal after finalisation, not for review in medias res. The argument that the rule nisi lapsed was rejected; the postponement of the matter automatically extended the rule. The issue of the seizure of firearms is similarly premature and subject to the outcome of the harassment...

Citation
[2020] ZAECGHC 102
Parties
Applicant: Igmar Ferreira; Applicant: Armand Ferreira; Respondent: Magistrate, Mr Koopman NO; Respondent: Pieter van Aarde Ferreira
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
8 September 2020
Case Number
2448/2018
Procedural Posture
Review Application / High Court Review of Interim Interdict Proceedings Under the Prevention of Harassment Act
Outcome
Application for review dismissed with costs.
Judges
M.J. Lowe, J.M. Roberson
Legal Topics
Review in Medias Res, Interim Interdict, Prevention of Harassment Act, Rule Nisi Extension, Firearms Seizure
Civil Procedure Family and Children Review in Medias Res Interim Interdict Prevention of Harassment Act Rule Nisi Extension Firearms Seizure

Case Brief

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Parties

Igmar Ferreira

Applicant

Armand Ferreira

Applicant

Magistrate, Mr Koopman NO

Respondent

Pieter van Aarde Ferreira

Respondent

Procedural Posture

Review Application / High Court Review of Interim Interdict Proceedings Under the Prevention of Harassment Act

Legal Issues

  1. 1 Whether the High Court should review and set aside the Magistrate's rulings made during ongoing proceedings under the Prevention of Harassment Act.
  2. 2 Whether the Magistrate failed to consider relevant and admissible evidence in respect of points in limine.
  3. 3 Whether the Magistrate incorrectly interpreted the law regarding urgency and interim interdicts.

Ratio Decidendi

The High Court held that it is impermissible to review incomplete proceedings in the Magistrate's Court unless exceptional circumstances exist that would result in grave injustice or where justice cannot otherwise be attained. The applicants failed to demonstrate any such exceptional circumstances. The grounds raised by the applicants pertained to the result of the proceedings, not the method, and are matters for appeal after finalisation, not for review in medias res. The argument that the rule nisi lapsed was rejected; the postponement of the matter automatically extended the rule. The issue of the seizure of firearms is similarly premature and subject to the outcome of the harassment...

Court Disposition

Application for review dismissed with costs.

Orders

  • The review application is dismissed with costs.