Forest Deep (Pty) Ltd and Another v Media Development and Diversity Agency and Others (20641/21) [2022] ZAWCHC 202 (19 October 2022)

Forest Deep (Pty) Ltd and Another v Media Development and Diversity Agency and Others (20641/21) [2022] ZAWCHC 202 (19 October 2022)

The court found that the applicants did not submit a formal application for funding to the MDDA as required by the Media Development and Diversity Agency Act and its regulations. The correspondence between the applicants and the MDDA constituted only an enquiry and not an application capable of being accepted or rejected. As no administrative decision was made by the MDDA, there was no reviewable action under PAJA. The applicants' suggestion that the MDDA's policy position amounted to a pre-emptive rejection was rejected by the court, which held that judicial review requires an actual decision or a failure to make a decision where there is an obligation to do so. The application was...

Citation
[2022] ZAWCHC 202
Parties
Applicant: Forest Deep (Pty) Ltd; Applicant: Bongivangeli Buthelezi; Respondent: Media Development and Diversity Agency; Respondent: Mzuvukile Kashe; Respondent: Jimmy Ngwenya
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 October 2022
Case Number
20641/21
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed. No order as to costs.
Judges
Le Grange
Legal Topics
Promotion of Administrative Justice Act, Jurisdiction of Review, Administrative Action Definition, Procedural Requirements for Funding, Standing to Seek Review
Administrative Law Civil Procedure Promotion of Administrative Justice Act Jurisdiction of Review Administrative Action Definition Procedural Requirements for Funding Standing to Seek Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Forest Deep (Pty) Ltd

Applicant

Bongivangeli Buthelezi

Applicant

Media Development and Diversity Agency

Respondent

Mzuvukile Kashe

Respondent

Jimmy Ngwenya

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents took a reviewable administrative decision regarding the applicants' funding application.
  2. 2 Whether the applicants' enquiry constituted a formal application for funding under the Media Development and Diversity Agency Act.
  3. 3 Whether the applicants have standing to seek judicial review under PAJA absent a formal decision.

Ratio Decidendi

The court found that the applicants did not submit a formal application for funding to the MDDA as required by the Media Development and Diversity Agency Act and its regulations. The correspondence between the applicants and the MDDA constituted only an enquiry and not an application capable of being accepted or rejected. As no administrative decision was made by the MDDA, there was no reviewable action under PAJA. The applicants' suggestion that the MDDA's policy position amounted to a pre-emptive rejection was rejected by the court, which held that judicial review requires an actual decision or a failure to make a decision where there is an obligation to do so. The application was...

Court Disposition

Application dismissed. No order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.